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Amendments to the Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill


FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 6th October 2003, as follows—

Clauses 49 to 143
Schedule 9
Clauses 144 to 146
Schedule 10
Clauses 147 to 180
Schedule 11
Clauses 181 to 183
Schedule 12
Clauses 184 to 186
Schedule 13
Clauses 187 to 192
Schedule 14
Clauses 193 to 198

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 49

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

281APage 17, line 36, at end insert "informed by NSFs, guidelines from NICE and other relevant sources"
 

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

282Page 17, leave out line 37
 

THE EARL HOWE
THE BARONESS NOAKES

282APage 17, line 37, after "rating" insert ", in a form to be determined by the CHAI,"
 

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

283Page 17, line 38, leave out subsection (2)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

284Page 18, line 10, at end insert—
"(   )  In exercising its function under this section in relation to devising criteria and awarding performance ratings, the CHAI must consult with—
(a)  patient representatives,
(b)  clinical experts, and
(c)  other such persons as they consider appropriate."
 

Clause 50

 

THE EARL HOWE
THE BARONESS NOAKES

285Page 18, line 13, leave out "and" and insert "or"
286Page 18, line 14, leave out "and" and insert "or"
287Page 18, line 16, leave out "and" and insert "or"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

287APage 18, line 29, after "standards" insert "of care including those set out in NSFs, NICE guidance and other relevant sources"
 

After Clause 50

 

THE EARL HOWE
THE BARONESS NOAKES

288Insert the following new Clause—
  "Reviews for the regulator
(1)  If the regulator so requests, the CHAI must conduct a review of, or investigation into, the provision of any healthcare by or for an NHS foundation trust.
(2)  Where the CHAI conducts a review under this section it must submit its report to the regulator who shall decide whether and how the report is published."
 

Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

289Page 18, line 41, after "English" insert "or Welsh"
290Page 19, line 1, after "English" insert "or Welsh"
291Page 19, line 4, after "English" insert "or Welsh"
291APage 19, line 10, leave out subsection (4)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

292Page 19, line 10, leave out from "If" to "conduct" and insert "requested, the CHAI may"
 

THE EARL HOWE
THE BARONESS NOAKES

293Page 19, line 10, leave out "Secretary of State" and insert "appropriate authority"
294Page 19, line 16, after "body" insert "other than an NHS foundation trust"
295Page 19, line 21, leave out "English"
296Page 19, line 21, leave out "or cross-border SHA"
 

THE LORD WARNER

296APage 19, line 26, leave out "An NHS body must, if regulations so provide," and insert "The Secretary of State may by regulations require an NHS body to"
 

THE EARL HOWE
THE BARONESS NOAKES

297Page 19, line 26, leave out ", if regulations so provide,"
 

THE LORD WARNER

297APage 19, line 28, at end insert—
"(   )  Regulations under subsection (8) may make provision—
(a)  as to the matters with which a statement under the regulations must deal;
(b)  as to the time by which any such statement must be published;
(c)  requiring an NHS body, before publishing any such statement, to obtain the consent of any person specified in the regulations;
(d)  requiring the NHS body publishing any such statement to send a copy of it to any person so specified."
 

After Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

298Insert the following new Clause—
  "Representation to the CHAI
  A report under sections 50 and 51 which relates to, or identifies, a specific NHS body shall not be made by the CHAI unless a draft of the report has been shown to the NHS body and—
(a)  it has confirmed that it does not disagree with the draft report,
(b)  it has not responded within a reasonable period of receipt of the draft report, or
(c)  it has submitted comments to the CHAI in respect of the draft report and the CHAI has considered those comments."
 

Clause 52

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

299Page 19, line 40, at end insert—
"(   )  there are significant failings in relation to the provision of guidance to NHS bodies by the Secretary of State"
 

THE EARL HOWE
THE BARONESS NOAKES

300Page 20, line 2, at end insert—
"(   )  For the purposes of this Part, "special measures" means one or more actions that are specified in regulations."
301Page 20, line 28, at end insert—
"(   )  A report under this section shall not be made by the CHAI unless a draft of the report has been shown to any NHS body in respect of which significant failings have been identified and—
(a)  the NHS body has confirmed that it does not disagree with the draft report;
(b)  the NHS body has not responded within a reasonable period of receipt of the draft report; or
(c)  the NHS body has submitted comments to the CHAI in respect of the draft report and the CHAI has considered those comments."
 

Clause 53

 

THE EARL HOWE
THE BARONESS NOAKES

302Page 20, line 32, after "to" insert "make regular reports available to the public about and"
302ZAPage 20, line 33, at end insert "save that in the case of health care provided by any Welsh NHS body, the CHAI's responsibility under this section is limited to those matters that it has reviewed or investigated itself"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

302APage 20, line 33, at end insert "including levels of implementation of NICE approved technologies and NSF milestones"
 

Clause 54

 

THE EARL HOWE
THE BARONESS NOAKES

303Page 21, line 6, leave out "is to keep the regulator" and insert "and the regulator are to keep each other"
304Page 21, line 6, after "to" insert "make regular reports available to the public about and"
304A[Withdrawn]
 

Clause 55

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 55 stand part of the Bill.
 

Clause 56

 

THE EARL HOWE
THE BARONESS NOAKES

305Page 21, line 20, leave out "may" and insert "must"
306Page 21, line 22, after "English" insert "or Welsh"
 

After Clause 56

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

307Insert the following new Clause—
  "Equality duty (No. 3)
(1)  The CHAI 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 CHAI 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 CHAI 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 CHAI must send a copy of the report to the Secretary of State."
 

Clause 57

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

307APage 21, line 28, after "Authority" insert "including NSFs, guidelines of NICE and other relevant sources"
308Page 21, line 29, at end insert—
"(   )  The CHAI shall undertake studies designed to enable it to prepare reports as to the impact—
(a)  of the operation of any particular statutory provision or provisions, or
(b)  of any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise),
 on economy, efficiency and effectiveness in the exercise of any functions of the bodies listed in subsection (1)."
 

Clause 58

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

309Page 22, line 9, after "efficiency" insert ", equity"
 

THE EARL HOWE
THE BARONESS NOAKES

310Page 22, line 18, 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 59

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

311Page 22, line 21, leave out subsection (1)
312Page 22, line 21, after "CHAI" insert "and such persons as he considers appropriate"
312APage 22, line 26, at end insert—
"(   )  If requested to do so by the Audit Commission in any particular case, the CHAI or CSCI may assist the Audit Commission in the exercise of its functions under section 33(1) of the Audit Commission Act 1998 (c. 18) (studies for improving economy etc in services)."
 

THE EARL HOWE
THE BARONESS NOAKES

313Page 22, line 30, at end insert—
"(   )  Any regulations made under this section must require the CHAI to consult such persons as the CHAI considers may have an interest in the statements of criteria."
314Page 22, line 38, after "may" insert "not"
 

THE LORD WARNER

314APage 22, line 38, at end insert—
"(   )  to consult any person specified in the regulations before publishing a statement under subsection (1) or (2);"
 

THE EARL HOWE
THE BARONESS NOAKES

315Page 22, line 42, at end insert—
"(   )  Regulations made under this section shall be exercisable by statutory instrument and any such instrument shall not have effect unless a draft of the instrument has been laid before and approved by each House of Parliament."

 
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©Parliamentary copyright 2003
17 October 2003