Health and Social Care (Community Health and Standards) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 78

 

THE EARL HOWE
THE BARONESS NOAKES

345Page 32, line 22, at end insert "the standards set out in statements published under section (Standards (No. 2))"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

346Page 32, line 33, at end insert "and shall send a copy of any such summary to the Comptroller and Auditor General"
 

Clause 79

 

THE EARL HOWE
THE BARONESS NOAKES

347Page 32, line 38, leave out "awards the lowest performance rating to" and insert "concludes as a result of an assessment that there is a significant cause for concern about the effectiveness of the performance of"
348Page 33, line 6, at end insert—
"(   )  The CSCI shall not communicate with the Secretary of State under subsection (2) or (3) in respect of a local authority unless it has shown to that authority a draft of the document that it intends to send to the Secretary of State, and—
(a)  the local authority has confirmed that it is does not disagree with the draft report, or
(b)  the local authority has not responded within a reasonable period of time following receipt of the draft report, or
(c)  where the local authority has submitted comments to the CSCI in respect of the draft report and the CSCI has considered those comments."
 

After Clause 79

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

349Insert the following new Clause—
  "Equality duty (No. 4)
(1)  The CSCI shall, in carrying out its functions, have due regard to the need to promote the equalisation of opportunity and the elimination of unfair discrimination and harassment so as to ensure that persons do not suffer detriment or are not denied opportunities and benefits for reasons related to one or more of the following grounds—
(a)  age;
(b)  colour, race, nationality or ethnic or national origins;
(c)  impairment;
(d)  family status;
(e)  gender re-assignment;
(f)  marital status;
(g)  pregnancy;
(h)  religion or belief;
(i)  sex;
(j)  sexual orientation.
(2)  As soon as is reasonably practicable after the end of each financial year the CSCI must publish a report containing—
(a)  a statement of the arrangements made under subsection (1) and having effect in the year;
(b)  an assessment of how effective the arrangements were in promoting the equalisation of opportunity.
(3)  The report must also contain a statement of the arrangements which the CSCI has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
(4)  The CSCI must send a copy of the report to the Secretary of State."
 

Clause 80

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

350Page 33, line 38, at end insert—
"(   )  The CSCI may also promote or undertake studies designed to enable it to prepare reports as to the impact of the discharge of its functions under Parts 2 and 3 of the Care Standards Act 2000 (c. 14) on the quality, supply and cost of regulated services and the commissioning decisions of local authorities."
 

Clause 81

 

THE EARL HOWE
THE BARONESS NOAKES

351Page 34, line 10, leave out subsections (3) and (4)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

352Page 34, line 14, at end insert—
"(   )  Where a review or study is conducted under this section, the CSCI and the Audit Commission must publish such report as they consider appropriate, and shall send a copy of any such summary to the Comptroller and Auditor General.
(   )  The CSCI must, on request, provide the Comptroller and Auditor General with all material relevant to a review or investigation under this section."
353Page 34, line 14, at end insert—
"(   )  The Comptroller and Auditor General shall from time to time lay before the House of Commons a report of any matter which, in his opinion, arises out of a report or studies of the CHAI or the CSCI under this Part, and ought to be drawn to the attention of that House."
 

Clause 82

 

THE EARL HOWE
THE BARONESS NOAKES

354Page 34, line 17, at end insert—
"(   )  Regulations made under this section shall not have effect unless they have been approved by a resolution of each House of Parliament."
 

Clause 83

 

THE LORD WARNER

354APage 34, line 23, after "77)" insert—
"(   )  to consult any person specified in the regulations before publishing any such statement;"
 

THE EARL HOWE
THE BARONESS NOAKES

355Page 34, line 24, leave out paragraph (b)
356Page 34, line 25, at end insert—
"(   )  Any power to make regulations of the kind referred to in this section shall be exercisable by statutory instrument, and any such instrument shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
 

After Clause 83

 

THE EARL HOWE
THE BARONESS NOAKES

357Insert the following new Clause—
  "Financial duty
  The CSCI must manage its financial affairs so that its annual costs, including depreciation, are covered by the total of—
(a)  its income from fees under section 84,
(b)  any amounts paid to it under paragraph 9(1) of Schedule 7, and
(c)  any other amounts treated as income in its income and expenditure account."
 

Clause 84

 

THE LORD WARNER

357APage 34, line 29, after "authority" insert "or to an English local authority social service provided by, or pursuant to arrangements made by, that authority"
 

THE EARL HOWE
THE BARONESS NOAKES

358Page 35, line 13, at end insert—
"(   )  The Secretary of State may not make regulations under this section if they have the effect that the amounts that the CSCI is allowed to recover by way of fees is insufficient to meet its financial duty as set out in section (Financial duty)."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

 The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.
 

Clause 87

 

THE BARONESS HOWARTH OF BRECKLAND

358ZAPage 36, line 8, at end insert—
"(   )  interview in private, or solicit written or verbal expressions of opinion from, any child or group of children who consent to be interviewed or to express their views, as the case may be;"
 

Clause 88

 

THE EARL HOWE
THE BARONESS NOAKES

358ZBPage 36, line 36, leave out "(including personal records)"
358ZCPage 36, line 41, at end insert—
"(   )  The CSCI may require the provision of personal records under subsection (1) only if—
(a)  those records are made anonymous or if the person to whom the records relate has given his consent; or
(b)  the Secretary of State agrees that it is in the public interest for the CSCI to have access to those records."
 

Clause 89

 

THE LORD WARNER

358APage 37, line 19, leave out "prescribed" and insert "specified by the CSCI"
 

THE EARL HOWE
THE BARONESS NOAKES

359Page 37, line 19, at end insert—
"(   )  Regulations made under this section shall not have effect unless they have been approved by resolution of each House of Parliament."
 

Clause 92

 

THE EARL HOWE
THE BARONESS NOAKES

360Page 38, line 14, leave out paragraph (b)
361Page 38, line 17, at end insert—
"(   )  It shall be the duty of the Assembly to consult local authorities in areas of England adjoining Wales before carrying out a review under subsection (2)(c) relating to social care provision partly or wholly in England.
(   )  It shall be the duty of the Assembly to request the CSCI to exercise so much of its review and investigations functions as relate to local authorities in England."
 

Clause 99

 

THE LORD WARNER

361APage 41, line 19, leave out "prescribed" and insert "specified by the Assembly"
 

Clause 100

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

362Page 41, line 29, at end insert—
"(   )  In the Care Standards Act 2000 (c. 14), after section 23(2) (national minimum standards) insert—
"(   )  In reviewing standards the appropriate Minister must ensure that lower standards are not applied to Parts 2 and 3 services received predominately or exclusively by people at or above state pensionable age.""
363Page 41, line 34, at end insert "; and
(   )  any non-NHS health care provided by an NHS or non-NHS body or person regulated under Part 2 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17)"
364Page 41, line 34, at end insert "; and
(   )  any non-NHS health care provided by an NHS or non-NHS body, including doctors and dentists"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE
THE BARONESS NOAKES

365Page 41, line 34, at end insert "; and
(   )  institutions carrying out any excepted treatment"
366[Withdrawn]
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

367Page 41, line 35, after "Part" insert "insofar as they do not carry out excepted treatment"
368Page 42, line 7, at end insert—
"(   )  In this section, "excepted treatment" means the treatment of long-term conditions and substance and addictive behaviour treatment."
 

Clause 101

 

THE LORD PEYTON OF YEOVIL

369Page 42, leave out lines 11 to 15
 

THE EARL HOWE
THE BARONESS NOAKES

370Page 42, line 14, after "services" insert ", including dental services"
371Page 42, line 15, at end insert—
"(   )  The CHAI shall ensure that so far as it is practicable the standards and procedures applied to its responsibilities in relation to independent health services are the same as those applied to services provided by or for NHS bodies."
 

THE LORD PEYTON OF YEOVIL

372Page 42, line 17, at end insert "to a level similar to that achieved by like organisations within the NHS"
 

THE EARL HOWE
THE BARONESS NOAKES

373Page 42, line 33, at end insert "and elderly people"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

374Page 42, line 33, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

Clause 102

 

THE EARL HOWE
THE BARONESS NOAKES

375Page 43, line 25, at end insert "and elderly people"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

376Page 43, line 25, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

THE BARONESS HOWARTH OF BRECKLAND

376APage 43, line 25, at end insert—
"(b)  elicit information and views directly from children, who consent, without permission from another party, if those children are receiving the service being inspected, irrespective to whether that occurs on the same premises to which there is statutory access, or elsewhere;
(c)  elicit information and views from children, who consent, without permission from another party, of services inspected by the CSCI that accommodate or care for children for which inspectors have no statutory power of access"
 

THE EARL OF LISTOWEL

376B*Page 43, line 25, at end insert—
"(   )  The CSCI shall have particular regard to support for residential care staff with responsibility for children."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
15 October 2003