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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After Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

306Insert 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

307Page 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."
 

THE LORD WARNER

308*Page 20, 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 53

 

THE EARL HOWE
THE BARONESS NOAKES

309Page 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

310Page 21, line 14, leave out "is to keep the regulator" and insert "and the regulator are to keep each other"
311Page 21, line 14, after "to" insert "make regular reports available to the public, as it considers appropriate, and"
 

THE LORD WARNER

312*Leave out Clause 54
 

Clause 56

 

THE LORD WARNER

313*Page 21, line 28, leave out "may promote" and insert "has the function of promoting"
 

THE EARL HOWE
THE BARONESS NOAKES

314Page 21, line 28, leave out "may" and insert "must"
 

Clause 57

 

THE LORD WARNER

315Page 22, line 5, 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 any recommendations or the result of any studies under this section."
 

Clause 58

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

316*Page 22, line 16, after "efficiency" insert ", equity"
 

Clause 59

 

THE EARL HOWE
THE BARONESS NOAKES

317Page 23, line 5, leave out paragraphs (b) and (c)
 

After Clause 60

 

THE LORD WARNER

318*Insert the following new Clause—
  "Co-operation between CHAI and the regulator
(1)  The CHAI and the regulator must co-operate with each other in the exercise of their respective functions under Part 1 and this Chapter.
(2)  In particular, for the purposes of subsection (1)—
(a)  the CHAI must keep the regulator informed about the provision of health care by and for NHS foundation trusts;
(b)  the regulator must give to the CHAI any information it has about the provision of health care by or for an NHS foundation trust which it considers would assist the CHAI in the discharge of its functions."
 

After Clause 63

 

THE LORD WARNER

319*Insert the following new Clause—
  "Co-operation between CHAI and the Audit Commission
  The CHAI and the Audit Commission must co-operate with each other in relation to matters in respect of which both have functions."
 

Clause 65

 

THE BARONESS FINLAY OF LLANDAFF

320*Page 25, line 39, leave out "a" and insert "an anonymised"
 

Clause 66

 

THE EARL HOWE
THE BARONESS NOAKES

321Page 26, line 17, leave out "The CHAI may at any time" and insert "Regulations may provide for the circumstances in which the CHAI may"
322Page 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

323Page 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

324Page 27, line 13, at end insert "other than health care provided by English NHS bodies"
 

THE BARONESS FINLAY OF LLANDAFF

325*Page 27, line 13, at end insert—
"(   )  Any body conducting reviews in Wales shall report directly to the Assembly.
(   )  The chair of reviews shall be appointed by an independent appointments process."
 

THE LORD WARNER

326*Page 27, line 29, at end insert—
"(   )  the availability and quality of information provided to the public about the health care;"
 

THE EARL HOWE
THE BARONESS NOAKES

327Page 27, line 30, after "of" insert "disadvantaged and vulnerable persons including"
 

THE BARONESS FINLAY OF LLANDAFF

328*Page 27, line 34, at end insert—
"(   )  the equity in provision of healthcare; and
(   )  the implementation of ethical principles in decision making processes"
 

THE EARL HOWE
THE BARONESS NOAKES

329Page 27, line 39, after "person" insert "other than an English NHS body"
 

THE BARONESS FINLAY OF LLANDAFF

330*Page 27, line 40, at end insert—
"(   )  The discharge of functions by the inspection process of the Assembly must be in collaboration with the CHAI in relation to cross border issues."
 

Clause 69

 

THE BARONESS FINLAY OF LLANDAFF

331*Page 28, line 17, leave out "a" and insert "an anonymised"
 

Clause 70

 

THE EARL HOWE
THE BARONESS NOAKES

332Page 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

333Insert 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 LORD WARNER

334*Page 30, line 39, at end insert—
"(   )  the availability and quality of information provided to the public about the services;"
 

THE EARL HOWE
THE BARONESS NOAKES

335Page 30, line 40, after "of" insert "disadvantaged and vulnerable persons including"
 

Clause 75

 

THE EARL HOWE
THE BARONESS NOAKES

336Page 31, line 4, after "to" insert "make regular reports available to the public and to"
337Page 31, line 4, after "to" insert "make regular reports available to the public, as it considers appropriate, and to"
 

Clause 77

 

THE EARL HOWE
THE BARONESS NOAKES

338Page 31, line 34, at end insert "in a form to be determined by the CSCI"
339Page 31, line 36, leave out "and approved by the Secretary of State"
340Page 32, line 1, at end insert "the standards set out in statements published under section (Standards (No. 2)) and"
 

THE LORD WARNER

341*Page 32, line 12, at end insert—
"(   )  The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section."
 

Clause 78

 

THE EARL HOWE
THE BARONESS NOAKES

342Page 32, line 30, at end insert "the standards set out in statements published under section (Standards (No. 2)) and"
 

THE LORD WARNER

343*Page 32, line 41, at end insert—
"(   )  The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section."
 

Clause 79

 

THE EARL HOWE
THE BARONESS NOAKES

344Page 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"
345Page 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."
 

THE LORD WARNER

346*Page 33, line 29, at end insert—
"(   )  The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section."

 
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©Parliamentary copyright 2003
5 November 2003