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

House of Lords

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Clause 111

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

380Page 46, line 29, leave out "may" and insert "shall"
 

THE EARL HOWE
THE BARONESS NOAKES

381Page 46, line 37, at end insert—
"(   )  the provision of health care services by any other person or body."
382Page 47, line 15, at end insert—
"(   )  Regulations under this section may provide for how correspondence relating to complaints is to be dealt with by the bodies listed in subsection (3), including adherence to time limits for replying substantively to correspondence."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

383Page 47, line 23, at end insert—
"(   )  regulations under this section shall include provisions for the right to an oral hearing with the investigating officers of the relevant body where appropriate"
 

THE EARL HOWE
THE BARONESS NOAKES

384Page 47, line 23, at end insert—
"(5)  No regulations may be made under subsection (1) of this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 112

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

384APage 47, line 38, leave out paragraph (b)
 

THE LORD WARNER

384BPage 48, line 12, leave out from second "to" to "(and" in line 15 and insert "a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a member of the Commission for Local Administration in England for him to consider whether to investigate the complaint or matter under that Part"
384CPage 48, line 17, leave out from second "to" to end of line 19 and insert "a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a member of the Commission for Local Administration in Wales for him to consider whether to investigate the complaint or matter under that Part"
 

THE EARL HOWE
THE BARONESS NOAKES

385Page 48, line 26, at end insert—
"(7)  No regulations may be made under subsection (1) of this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 113

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

386Page 48, line 31, leave out "may" and insert "should"
 

THE EARL HOWE
THE BARONESS NOAKES

387Page 48, line 33, leave out ", or may not,"
 

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

388Page 48, line 34, leave out paragraph (c)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

389Page 48, line 36, at end insert "including provision for a complaint to be referred to either the CHAI or the Health Service Commissioner if the complaints procedure has not been completed at the relevant stage within a reasonable timeframe"
 

THE EARL HOWE
THE BARONESS NOAKES

390Page 48, line 36, at end insert—
"(   )  the circumstances in which a complaint must be the subject of an oral hearing and the procedures to be adopted at such a hearing;"
391Page 48, line 37, leave out paragraph (f)
 

THE BARONESS FINLAY OF LLANDAFF

392Page 48, line 39, at end insert ", including provision for ex gratia payments for severe inconvenience caused by administrative error but excluding compensation for harm attributed to clinical negligence or error"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

393Page 48, line 39, at end insert—
"(   )  information that must be made available to the public about complaints procedures"
394Page 48, line 39, at end insert—
"(   )  The provision that may be made under subsection (2)(g) includes the provision for a report about a complaint to recommend the making of an ex-gratia payment in respect of injuries sustained, loss of earnings or expenses incurred as a consequence of the incident or incidents complained about."
394APage 48, line 40, leave out subsection (3)
395Page 49, line 26, at end insert—
"(   )  The regulations may make further provision—
(a)  for prescribed functions of the CSCI to be exercised by the CHAI on behalf of the CSCI; and
(b)  for prescribed functions of the CHAI, so far as exercisable in relation to England, to be exercised by the CSCI on behalf of the CHAI."
396[Withdrawn]
 

Clause 114

 

THE LORD WARNER

396APage 50, line 3, leave out "the Commission for Local Administration" and insert "a Local Commissioner"
396BPage 50, line 4, leave out "it" and insert "him"
396CPage 50, line 33, leave out "the Commission for Local Administration" and insert "a Local Commissioner"
396DPage 50, line 34, leave out "it" and insert "him"
396EPage 50, line 38, at end insert—
    "(5)  In this section, "Local Commissioner in England" means a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7), who is a member of the Commission for Local Administration in England.""
 

Clause 119

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

397Page 53, line 25, at end insert—
"(   )  Where a review or study is conducted under this section the CSCI and CHAI shall send a copy of any such joint report to the Comptroller and Auditor General.
(   )  The CSCI and CHAI must, on request, provide the Comptroller and Auditor General with all material relevant to a review or investigation under this section."
 

Clause 121

 

THE EARL HOWE
THE BARONESS NOAKES

398Page 54, line 2, leave out subsection (1)
 

Clause 123

 

THE EARL HOWE
THE BARONESS NOAKES

399Page 55, line 5, at end insert—
"(1A)  Arrangements may be made between the CSCI and the Assembly relating to the performance by the CSCI of the functions of the Assembly in relation to social services under this Act."
 

Clause 126

 

THE EARL HOWE
THE BARONESS NOAKES

400Page 56, line 5, at end insert—
    "(   )  an updated regulatory impact statement showing the effect, including the estimated financial effect, of the CHAI's activities on those bodies which it covers."
 

Clause 127

 

THE EARL HOWE
THE BARONESS NOAKES

401Page 56, line 18, at end insert—
"(   )  an updated regulatory impact statement showing the effect, including the estimated financial effect, of the CSCI's activities on those bodies which it covers."
 

Clause 128

 

THE EARL HOWE
THE BARONESS NOAKES

402Page 56, line 27, leave out "must" and insert "may"
403Page 56, line 28, leave out "direct" and insert "communicate in writing"
404Page 57, line 6, leave out subsection (5)
 

Clause 129

 

THE EARL HOWE
THE BARONESS NOAKES

405Page 57, line 10, leave out "must" and insert "may"
406Page 57, line 11, leave out "direct" and insert "communicate"
406APage 57, line 12, leave out subsection (2)
 

Clause 130

 

THE EARL HOWE
THE BARONESS NOAKES

407Page 57, line 18, after "may" insert ", with the approval of each House of Parliament,"
 

Clause 131

 

THE EARL HOWE
THE BARONESS NOAKES

408Page 57, line 38, after "may" insert ", with the approval of each House of Parliament,"
 

Schedule 9

 

THE LORD WARNER

408APage 139, line 1, at end insert—
 

"Superannuation Act 1972 (c. 11)

 4A      In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of "Other Bodies" insert the following entries—
                "The Commission for Healthcare Audit and Inspection.";
                "The Commission for Social Care Inspection."
408BPage 144, line 21, at end insert—
 "25A      In section 55(3)(e)—
(a)  for "the Commission" substitute "the CSCI";
(b)  for "section 31 or 46 of this Act" substitute "section 31 of this Act or section 86 or 96 of the Health and Social Care (Community Health and Standards) Act 2003".
 

Clause 144

409[Withdrawn]
 

Before Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

409AInsert the following new Clause—
  "Regulations under Part 3
  No regulations may be made under this Part unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament."
 

Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

410Page 64, line 18, after "person" insert "otherwise than during or as a consequence of NHS treatment"
 

THE LORD HUNT OF WIRRAL

410APage 64, line 18, after "person" insert "as the result of an accident"
 

THE BARONESS FINLAY OF LLANDAFF
THE LORD CLEMENT-JONES
THE BARONESS BARKER

411Page 64, line 28, at end insert—
"(   )  This section does not apply in cases of clinical negligence."
 

THE EARL HOWE
THE LORD SKELMERSDALE

412Page 65, line 4, at end insert "or an ex gratia payment"
413Page 65, line 10, at end insert—
"(   )  Subsection (1) does not apply if the person making the payment is a not-for-profit organisation, charitable organisation or private sports club."
 

THE LORD SKELMERSDALE
THE EARL HOWE

414Page 65, line 12, leave out subsection (6)
415Page 65, line 13, after "disease" insert "consequent upon injury"
 

THE EARL HOWE
THE LORD SKELMERSDALE

416Page 65, line 19, after second "treatment" insert "carried out within 12 months of the injury for which compensation has been paid"
417[Withdrawn]
 

THE LORD HUNT OF WIRRAL

417APage 66, line 10, after "injury" insert "sustained as the result of an accident"
 

Schedule 10

 

THE LORD HUNT OF WIRRAL

417BPage 146, line 19, at end insert—
  "Any payment made direct to a provider of treatment, whether that provider is a health service hospital or other organisation or individual providing treatment."
 

Before Clause 147

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

418Insert the following new Clause—
  "Insurance
  Where compensation has been paid through an insurance policy, subject to paragraph 4 of Schedule 10, the insurer will not be liable for payment of NHS costs providing that he has provided the Compensation Recovery Unit with the name and address of the insured."

 
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©Parliamentary copyright 2003
17 October 2003