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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


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 1, line 7, leave out "England" and insert "the United Kingdom"
 

After Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Review of democratically accountable governance
(1)  It shall be the duty of the Secretary of State to establish an independent review body to carry out the functions specified in subsections (4) to (6).
(2)  The Secretary of State shall appoint at least nine members of the independent review body.
(3)  The independent review body shall elect a chairman from amongst its members.
(4)  The independent review body shall prepare reports containing proposals relating to the establishment of a local, democratically accountable system of governance for NHS foundation trusts and Primary Care Trusts.
(5)  The independent review body may in particular make proposals in accordance with the provisions of subsection (4) relating to—
(a)  methods of securing wider public participation in the governance of NHS foundation trusts and Primary Care Trusts;
(b)  methods of increasing public awareness and access to information about the governance of NHS foundation trusts and Primary Care Trusts; and
(c)  the membership of public benefit corporations.
(6)  The independent review body must—
(a)  lay a copy of any report prepared in accordance with the provisions of this section before Parliament, and
(b)  once they have done so, send a copy of it to—
(i)  the Secretary of State, and
(ii)  the regulator."
 

Schedule 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 109, line 12, at end insert "are entitled to free care from the National Health Service and"
Page 109, line 12, at end insert "are over 16 years of age and"
Page 109, line 20, leave out sub-paragraph (3) and insert—
"(3)      Where a significant proportion of the patients of the corporation's hospitals does not reside in the area specified under sub-paragraph (1)(a), the constitution must also provide for the public constituency to include individuals who are or have been patients (including individuals who are the carer of a patient)."
Page 109, line 22, at end insert—
"(   )      A "carer", for the purposes of sub-paragraph (3), means an individual aged 16 or over who provides or intends to provide substantial care on a regular basis for the patient and does not provide the care in question—
(a)  by virtue of a contract of employment or other contract with any person; or
(b)  as a volunteer for a voluntary organisation as defined in the National Assistance Act 1948 (c. 29)."
 

THE LORD HUNT OF KINGS HEATH

Page 110, line 2, at end insert—
  "Any member of staff who is employed by the public benefit corporation at the date of election of the board of governors shall be deemed to be a member of the public benefit corporation unless he opts not to be a member."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 110, line 4, at end insert "which shall not be less than 50 or such higher number as is specified by the regulator"
Page 110, line 7, after "provision" insert "in accordance with regulations issued by the Secretary of State"
 

THE LORD HUNT OF KINGS HEATH

Page 110, line 8, at end insert—
"(3)      Any person who has attended any of the corporation's hospitals as patients within a period of three years of the date of election of the board of governors shall be deemed to be a member of the public benefit corporation unless he opts not to be a member."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 110, line 9, at end insert—
"(   )      The chairman of the board of governors shall be put forward for election only after following an appointment process approved by a Special Health Authority to which a direction under section 183(2) has been made."
Page 110, line 10, at end insert—
"(   )      The principal role of the board of governors is to advise the board of directors of the corporation as to its forward plans."
Page 110, line 10, at end insert—
"(   )      The board of governors shall not involve itself in any way in the day to day management of the corporation."
Page 110, line 10, at end insert—
"(   )      The board of governors shall have a minimum of 10 members and a maximum of 25 members."
 

THE LORD HUNT OF KINGS HEATH

Page 110, line 18, at end insert—
"(6)  The constitution may provide for the sub-division of the public constituency into different geographical areas and categories to ensure that later as a whole, those members of the board of governors elected by the public constituency will be representative of those eligible for membership of the public constituency."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 110, line 30, after "provision" insert "in accordance with regulations issued by the Secretary of State"
Page 110, line 36, at end insert "and if the corporation provides goods and services for more than one Primary Care Trust, the right of appointment shall be given to the Primary Care Trust or Primary Care Trusts for which the greatest value of services is provided"
Page 111, line 8, leave out "corporation" and insert "board of governors"
Page 111, line 17, at end insert—
"(   )  the election of the chairman of the board,"
Page 111, line 28, at end insert "and another a person practising as a clinician in the corporation"
Page 111, line 29, at end insert—
"(   )      A majority of the board is to comprise the directors referred to in sub-paragraph (1)(b)."
Page 111, line 37, at end insert—
"(   )      A person may not be appointed to the board of directors if he is a member or a chairman of the board of governors."
Page 111, line 37, at end insert—
"(1)      The board of directors shall establish a nominations committee with the function of recommending the appointment or removal of the chairman and non-executive directors.
(2)      The nominations committee shall ensure that selection procedures used to arrive at recommendations for the appointment of the chairman and non-executive directors are in accordance with best practice for such appointments.
(3)      The nominations committee shall make its recommendations to the board of governors."
Page 111, line 38, leave out sub-paragraph (1) and insert—
"(1)      It is for the majority of the board of governors voting at a general meeting to appoint the chairman and the other non-executive directors.
(1A)      The board of governors may remove a chairman or non-executive director at a general meeting with the approval of three-quarters of the members of the board."
Page 111, line 38, after "meeting" insert "on the recommendation of the nominations committee"
Page 112, line 4, leave out "voting at a general meeting"
Page 112, line 5, after "for" insert "a majority of"
Page 112, line 5, after "governors" insert "voting"
Page 112, line 12, at end insert—
"(   )      The chief executive shall be the Accounting Officer of the corporation."
Page 112, line 12, at end insert—
"(   )      The committee referred to in sub-paragraph (2) shall make a report each year on the matters referred to in that sub-paragraph to the board of governors."
Page 112, line 40, after second "of" insert "the members of the board of governors and"
Page 113, line 18, leave out sub-paragraph (2) and insert—
"(2)      The board of governors shall appoint an auditor each year at a general meeting of the board.
(2A)      If an auditory resigns after he has been appointed, the board of governors must appoint another auditor to act until the next general meeting of the board at which an appointment may be made formally."
Page 113, line 20, leave out sub-paragraph (3) and insert—
"(3)      The persons eligible for appointment as auditor under sub-paragraph (1) are—
(a)  the Audit Commission;
(b)  a person eligible for appointment under section 25 of the Companies Act 1989 (c. 40) (eligibility for appointment)."
Page 113, line 25, leave out paragraph (b)
Page 113, leave out line 29 and insert "act as an audit committee in line with best practice"
Page 114, line 8, at end insert "within 6 months of the end of its financial year"
Page 114, line 9, leave out "any" and insert "the"
Page 114, line 10, leave out "them" and insert "the annual accounts and any other report of the auditor"
Page 114, line 19, at end insert—
"(   )      The report shall contain a breakdown of the costs incurred by the public benefit corporation running elections and managing the membership."
Page 114, line 28, at end insert ", such periods being coterminous with those in paragraph 24(5)"
Page 114, leave out line 30
Page 114, line 30, at end insert—
"(   )      The information referred to in sub-paragraph (1) shall cover such periods and deal with such matters as the regulator shall specify."
 

Clause 2

 

THE EARL HOWE
THE BARONESS NOAKES

Page 1, line 11, leave out "officer" and insert "office"
Page 2, line 1, leave out subsection (2) and insert—
"(2)  A person is to be appointed to the office of the regulator by the body specified in section 183(2A)."
Page 2, line 1, leave out "a person to the office of regulator" and insert "up to five persons including a chairman to constitute the Office of Regulator"
 

Schedule 2

 

THE EARL HOWE
THE BARONESS NOAKES

Page 115, line 7, leave out from "period" to end of line 8 and insert "of five years and he may seek re-appointment"
Page 116, line 10, at end insert—
"(   )      The regulator shall report each year in his annual report whether the contributions paid by the Secretary of State under paragraph 5 allow him to discharge his functions adequately."
Page 116, line 17, at end insert—
"(   )      The regulator must ensure that adequate information about all of the NHS foundation trusts is publicly available, including the preparation and publication of a summarised account for all NHS foundation trusts for each financial year."
 

Clause 3

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 5, leave out "performance by the Secretary of State of the"
Page 2, line 5, after "duties" insert "laid on the Secretary of State"
Page 2, line 7, at end insert—
"(   )  In performing his duties under this Act, the regulator must have regard to such of the following as appear to him to be relevant in the circumstances—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed;
(b)  the different needs and interests of persons using NHS services and in particular of the different interests of children, and of those living in rural and urban areas; and
(c)  the principles set out in the compact between the Government and the voluntary sector and the codes of practice set out under it."
 

After Clause 3

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Appeals
  The Secretary of State may provide in regulations that decisions of the regulator are to be subject to specified appeal or review mechanisms."

 
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©Parliamentary copyright 2003
4 November 2003