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

 

After Clause 44

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Standards
(1)  The CHAI stall be the principal guardian of standards in the NHS and shall prepare and publish standards in relation to the provision of health care by and for English NHS bodies, Welsh NHS bodies and cross-border SHAs.
(2)  The CHAI must keep the standards under review and shall publish amended standards whenever it considers it appropriate.
(3)  The CHAI must consult the Secretary of State, the Assembly and such other persons as it considers appropriate before publishing a statement or amended statement under this section.
(4)  The standards set out in statements under this section are to be taken into account by every English NHS body, every Welsh NHS body and every cross-border SHA in discharging its duty under section 45."
 

Clause 45

 

THE EARL HOWE
THE BARONESS NOAKES

Page 16, line 26, at end insert—
"(   )  The matters covered by standards under this section shall—
(a)  deal only with those matters which the Secretary of State considers to be of considerable significance to health care in England; and
(b)  shall not deal with matters of detail which shall be left to the discretion of CHAI."
Leave out Clause 45
 

Clause 46

 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 3, at end insert "other than health care provided by English NHS bodies"
 

Clause 47

 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 24, after "of" insert "disadvantaged and vulnerable persons including"
Page 17, line 28, at end insert "; and
(   )  the implementation of any guidance issued by a Special Health Authority set up to provide guidance on health technologies and the clinical management of specific conditions"
 

Clause 48

 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 31, at end insert "including the publication of data for the purpose of monitoring the performance of the Department of Health against its Public Service Agreements"
 

Clause 49

 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 37, after "rating" insert ", in a form to be determined by the CHAI,"
Page 17, line 39, leave out "and approved by the Secretary of State"
 

Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

Page 19, line 10, leave out subsection (4)
Page 19, line 26, leave out from beginning to "require" and insert "The CHAI may"
Page 19, line 29, leave out subsection (9)
 

After Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

Insert 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 EARL HOWE
THE BARONESS NOAKES

Page 20, line 36, 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

Page 20, line 40, after "to" insert "make regular reports available to the public, as it considers appropriate, and"
 

Clause 54

 

THE EARL HOWE
THE BARONESS NOAKES

Page 21, line 14, after "to" insert "make regular reports available to the public, as it considers appropriate, and"
Page 21, line 14, leave out "is to keep the regulator" and insert "and the regulator are to keep each other"
 

Clause 56

 

THE EARL HOWE
THE BARONESS NOAKES

Page 21, line 28, leave out "may" and insert "must"
 

Clause 59

 

THE EARL HOWE
THE BARONESS NOAKES

Page 23, line 5, leave out paragraphs (b) and (c)
 

Clause 66

 

THE EARL HOWE
THE BARONESS NOAKES

Page 26, line 17, leave out from beginning to "require" and insert "Regulations may provide for the circumstances in which CHAI may"
Page 26, line 29, at end insert—
"(   )  the Office for Standards in Education;
(   )  the Department for Education and Skills;
(   )  The CSCI."
 

Clause 67

 

THE EARL HOWE
THE BARONESS NOAKES

Page 26, line 35, at end insert—
"(   )  Before making the regulations referred to in subsection (1), the Secretary of State shall consult such persons independent of the CHAI as he considers appropriate and shall publish the responses received pursuant to those consultations."
 

Clause 68

 

THE EARL HOWE
THE BARONESS NOAKES

Page 27, line 13, at end insert "other than health care provided by English NHS bodies"
Page 27, line 30, after "of" insert "disadvantaged and vulnerable persons including"
Page 27, line 39, after "person" insert "other than an English NHS body"
 

Clause 70

 

THE EARL HOWE
THE BARONESS NOAKES

Page 28, line 36, after "premises" insert ", other than premises owned or controlled by an English NHS body,"
 

Before Clause 74

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Standards (No. 2)
(1)  The CSCI shall be the principal guardian of standards in relation to social services and may prepare and publish standards in relation to the provision of social services in England and Wales.
(2)  The CHAI must keep the standards under review and may publish amended statements whenever it considers it appropriate.
(3)  the CSCI must consult the Secretary of State, the Assembly and such other persons as it considers appropriate before publishing a statement or amended statement under this section.
(4)  The standards set out in statements under this section are to be taken into account by every local authority in England and Wales in discharging its functions in relation to social care.
(5)  Standards published under this section shall take precedence over guidance issued under section 7 of the Local Authority Social Services Act 1970 (c. 42) (local authorities to exercise social services functions under guidance of Secretary of State)."
 

Clause 74

 

THE EARL HOWE
THE BARONESS NOAKES

Page 30, line 40, after "of" insert "disadvantaged and vulnerable persons including"
 

Clause 75

 

THE EARL HOWE
THE BARONESS NOAKES

Page 31, line 4, after "to" insert "make regular reports available to the public and to"
Page 31, line 4, after "to" insert "make regular reports available to the public, as it considers appropriate, and"
 

Clause 77

 

THE EARL HOWE
THE BARONESS NOAKES

Page 31, line 34, after "authority" insert "in a form to be determined by the CSCI"
Page 31, line 36, leave out "and approved by the Secretary of State"
Page 32, line 1, at end insert "the standards set out in statements published under section (Standards (No. 2)) and"
 

Clause 78

 

THE EARL HOWE
THE BARONESS NOAKES

Page 32, line 30, at end insert "the standards set out in statements published under section (Standards (No. 2)) and"
 

Clause 79

 

THE EARL HOWE
THE BARONESS NOAKES

Page 33, line 2, 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"
Page 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 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."
 

Clause 83

 

THE EARL HOWE
THE BARONESS NOAKES

Page 34, line 32, leave out paragraph (c)
 

Clause 88

 

THE EARL HOWE
THE BARONESS NOAKES

Page 36, line 43, leave out from beginning to "require" and insert "Regulations may provide for the circumstances in which CSCI may"
Page 37, line 15, at end insert—
"(   )  Before making the regulations referred to in subsection (1), the Secretary of State shall consult such persons independent of the CSCI as he considers appropriate and shall publish the responses received pursuant to those consultations."
 

Clause 101

 

THE EARL HOWE
THE BARONESS NOAKES

Page 42, line 22, at end insert—
"(   )  Within five years of this Act coming into force the CHAI shall ensure that the standards, criteria and procedures applied to its responsibilities in relation to independent health services are, so far as it may consider practicable or relevant, the same as those applied to services provided by or for NHS bodies."
Page 42, line 40, after "of" insert "disadvantaged and vulnerable persons including"
 

Clause 102

 

THE EARL HOWE
THE BARONESS NOAKES

Page 43, line 29, after "of" insert "disadvantaged and vulnerable persons including"
 

Clause 111

 

THE EARL HOWE
THE BARONESS NOAKES

Page 47, line 23, at end insert—
"(   )  The first regulations under subsection (1) of this section shall not be made unless a draft of the regulations has been laid before and approved by both Houses of Parliament."
 

Clause 112

 

THE EARL HOWE
THE BARONESS NOAKES

Page 48, line 28, at end insert—
"(   )  The first regulations under subsection (1) of this section shall not be made unless a draft of the regulations has been laid before and approved by both Houses of Parliament."

 
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©Parliamentary copyright 2003
4 November 2003