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 32

 

THE LORD WARNER

252*Page 13, line 34, leave out from beginning to "in" in line 36 and insert—
"(   )  Section 20 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (Commission for Patient and Public Involvement in Health) is amended as follows.
(   )  In subsection (10), after "an NHS trust," there is inserted "an NHS foundation trust,".
(   )  In subsection (12),"
 

THE EARL HOWE
THE BARONESS NOAKES

253*Leave out Clause 32
 

Clause 33

 

THE EARL HOWE
THE BARONESS NOAKES

254*Leave out Clause 33
 

Clause 34

 

THE EARL HOWE
THE BARONESS NOAKES

255*Leave out Clause 34
 

After Clause 34

 

THE LORD WARNER

256*Insert the following new Clause—
  "Conduct of elections
(1)  Regulations may make provision as to the conduct of elections for membership of the board of governors of an NHS foundation trust.
(2)  The regulations may in particular provide for—
(a)  nomination of candidates and obligations to declare their interests,
(b)  systems and methods of voting, and the allocation of places on the board of governors, at contested elections,
(c)  filling of vacancies,
(d)  supervision of elections,
(e)  election expenses and publicity,
(f)  questioning of elections and the consequences of irregularities.
(3)  An NHS foundation trust must secure that its constitution is in accordance with regulations under this section.
(4)  Pending the coming into force of regulations under this section, elections for membership of the board of governors of an NHS foundation trust, if contested, must be by secret ballot."
 

Schedule 4

 

THE EARL HOWE
THE BARONESS NOAKES

257*Leave out Schedule 4
 

Clause 35

 

THE LORD WARNER

258*Page 14, line 18, leave out from "form" to end of line 19 and insert "stating which constituency he is a member of"
259*Page 14, line 22, leave out "relevant constituency" and insert "constituency for which the election is being held"
260*Page 14, line 26, leave out "relevant constituency" and insert "trust"
 

THE EARL HOWE
THE BARONESS NOAKES

261*Leave out Clause 35
 

Clause 36

 

THE LORD WARNER

262*Page 14, line 38, leave out "its public" and insert "any public constituency and (if there is one) of the patients'"
 

THE EARL HOWE
THE BARONESS NOAKES

263Leave out Clause 36
 

Clause 37

 

THE EARL HOWE
THE BARONESS NOAKES

264*Leave out Clause 37
 

Schedule 5

 

THE LORD WARNER

265*Page 130, line 30, after second "the" insert "board of governors and board of directors of the"
 

Schedule 5

 

THE LORD WARNER

266*Page 130, line 33, leave out "the trust and" and insert "the board of governors and board of directors of the trust and to"
267*Page 130, line 37, leave out "trust" and insert "directors"
 

THE EARL HOWE
THE BARONESS NOAKES

268*Leave out Schedule 5
 

Clause 38

 

THE EARL HOWE
THE BARONESS NOAKES

269*Leave out Clause 38
 

Clause 39

 

THE LORD WARNER

270*Page 15, leave out lines 16 to 18
 

THE EARL HOWE
THE BARONESS NOAKES

271*Leave out Clause 39
 

Schedule 6

 

THE EARL HOWE
THE BARONESS NOAKES

272Page 132, line 13, leave out paragraph (a) and insert—
"(a)  a person appointed as chairman by the body specified in section 183(2B),"
273Page 132, line 16, leave out "Secretary of State" and insert "body specified in section 183(2B)"
274Page 133, line 13, leave out "Secretary of State may determine" and insert "CHAI may determine with the approval of the Secretary of State"
275Page 133, line 14, leave out from the beginning to "pay" and insert " The CHAI may, with the approval of the Secretary of State,"
276Page 133, line 15, leave out "the Secretary of State" and insert "it"
277Page 134, line 29, leave out sub-paragraph (5) and insert—
"(5)      The CHAI may borrow money other than as mentioned in this paragraph up to a limit of its annual expenditure for the previous year as shown in its annual accounts less any amounts outstanding in respect of loans advanced under this paragraph."
 

Schedule 7

 

THE EARL HOWE
THE BARONESS NOAKES

278Page 135, line 29, leave out "Secretary of State" and insert "body specified in section 183(2C)"
279Page 136, line 11, leave out "Secretary of State may determine" and insert "CSCI may determine with the approval of the Secretary of State"
280Page 136, line 12, leave out from beginning to "pay" and insert "The CHAI may, with the approval of the Secretary of State,"
281Page 136, line 13, leave out "the Secretary of State" and insert "it"
282Page 137, line 23, leave out sub-paragraph (3) and insert—
"(3)      The CSCI may borrow money other than as mentioned in this paragraph up to a limit of its annual expenditure for the previous year as shown in its annual accounts less any amounts outstanding in respect of loans advanced under this paragraph."
 

Clause 44

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

283*Page 16, line 20, at end insert "; and
(c)  services to support independent living and rehabilitation"
 

After Clause 44

 

THE EARL HOWE
THE BARONESS NOAKES

284Insert 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 LORD PEYTON OF YEOVIL

285Page 16, line 24, leave out "may" and insert "must"
 

THE EARL HOWE
THE BARONESS NOAKES

286Page 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."
 

THE LORD PEYTON OF YEOVIL

287Page 16, line 29, leave out "he considers" and insert "are"
 

THE EARL HOWE
THE BARONESS NOAKES

288Leave out Clause 45
 

Clause 46

 

THE EARL HOWE
THE BARONESS NOAKES

289Page 17, line 3, at end insert "other than health care provided by English NHS bodies"
 

Clause 47

 

THE LORD PEYTON OF YEOVIL

290Page 17, line 17, leave out subsection (1)
 

THE LORD WARNER

291*Page 17, line 23, at end insert—
"(   )  the availability and quality of information provided to the public about the health care;"
 

THE EARL HOWE
THE BARONESS NOAKES

292Page 17, line 24, after "of" insert "disadvantaged and vulnerable persons including"
293Page 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"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

294*Page 17, line 28, at end insert "; and
(   )  the availability of and access to specialist services"
 

THE BARONESS FINLAY OF LLANDAFF

295*Page 17, line 28, at end insert—
"(   )  the equity in provision of healthcare; and
(   )  the implementation of ethical principles in decision making processes"
 

Clause 48

 

THE EARL HOWE
THE BARONESS NOAKES

296Page 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

297Page 17, line 37, after "rating" insert ", in a form to be determined by the CHAI,"
298Page 17, line 39, leave out "and approved by the Secretary of State"
 

THE LORD WARNER

299*Page 18, line 10, at end insert—
"(   )  The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the award of a performance rating under this section."
 

Clause 50

 

THE BARONESS FINLAY OF LLANDAFF

300*Page 18, line 17, at end insert—
"(   )  the implementation of NICE guidance"
 

THE LORD WARNER

301*Page 18, line 38, at end insert—
"(   )  The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section."
 

Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

302Page 19, line 10, leave out subsection (4)
 

THE LORD WARNER

303*Page 19, line 25, at end insert—
"(   )  The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section."
 

THE EARL HOWE
THE BARONESS NOAKES

304Page 19, line 26, leave out "Secretary of State may by regulations" and insert "CHAI may"
305Page 19, line 29, leave out subsection (9)

 
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5 November 2003