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 29

 

THE EARL HOWE
THE BARONESS NOAKES

243Leave out Clause 29
 

Clause 30

 

THE EARL HOWE
THE BARONESS NOAKES

244Leave out Clause 30
 

Clause 31

 

THE LORD WARNER

245Page 13, line 21, at end insert—
"(   )  In section 15 (establishment of Patients Forums), after subsection (2) there is inserted—
    "(1A)  The Secretary of State shall also establish a Patients' Forum for each NHS foundation trust, unless a resolution of the board of governors of the trust under section 18A has had effect.
    (1B)  In relation to a Patients' Forum established by virtue of subsection (1A) references in this Part to the trust, or NHS trust, for which it is established shall be read as references to the NHS foundation trust.""
     

    THE LORD CLEMENT-JONES
    THE BARONESS BARKER

    246Page 13, line 22, leave out subsection (2) and insert—
    "(2)  In section 15 (establishment of patients' forums) in subsection (1), after paragraph (b) there is inserted "and
    (c)  for each foundation trust.""
    247Page 13, line 29, after "reports)" insert—
    "(a)  in subsection (2)(c)(ii) after "NHS trust" there is inserted "or foundation trust";"
     

    THE LORD WARNER

    248Page 13, line 32, at end insert—
    "(   )  After section 18 there is inserted—
      "18APower of NHS foundation trusts to dissolve Patients' Forum
      (1)  Subsection (2) applies where the board of governors of an NHS foundation trust is satisfied that adequate arrangements are in place to secure the performance of functions corresponding to those of the Patients' Forum for that trust.
      (2)  The board may pass a resolution to dissolve the Patients' Forum with effect from a specified date.
      (3)  The date so specified must be not less than three months after the date on which the resolution is passed.
      (4)  The resolution must be passed at a general meeting by not less than three quarters of the members of the board.
      (5)  Before passing a resolution, the board must consult the members of the trust and its Patients' Forum.
      (6)  The board may not pass a resolution until the end of the period of twelve months beginning with the date of the trust's authorisation to become an NHS foundation trust.""
      249Page 13, line 32, at end insert—
      "(   )  In section 19 (supplementary), in subsection (2)—
      (a)  in paragraph (k), after "an NHS trust," there is inserted "an NHS foundation trust,",
      (b)  in paragraph (p), after "NHS trusts," there is inserted "NHS foundation trusts,"."
       

      THE LORD CLEMENT-JONES
      THE BARONESS BARKER

      250Page 13, line 32, at end insert—
      "(5)  In section 16 (additional functions of PCT patients' forums) in subsection (4)(c) after "NHS trusts" there is inserted "and foundation trusts".
      (6)  In section 19 (supplementary)—
      (a)  in subsection (2)(k) after "by an NHS trust," there is inserted "a foundation trust,";
      (b)  in subsection (2)(p) after "by NHS trusts," there is inserted "foundation trusts,"; and
      (c)  in subsection (4)(a) after "for each NHS trust" there is inserted "and foundation trust"."
       

      THE EARL HOWE
      THE BARONESS NOAKES

      251Leave out Clause 31
       

      Clause 32

       

      THE LORD WARNER

      252Page 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

      253Leave out Clause 32
       

      Clause 33

       

      THE EARL HOWE
      THE BARONESS NOAKES

      254Leave out Clause 33
       

      Clause 34

       

      THE EARL HOWE
      THE BARONESS NOAKES

      255Leave out Clause 34
       

      After Clause 34

       

      THE LORD WARNER

      256Insert 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

      257Leave out Schedule 4
       

      Clause 35

       

      THE LORD WARNER

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

      THE EARL HOWE
      THE BARONESS NOAKES

      261Leave out Clause 35
       

      Clause 36

       

      THE LORD WARNER

      262Page 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

      264Leave out Clause 37
       

      Schedule 5

       

      THE LORD WARNER

      265Page 130, line 30, after second "the" insert "board of governors and board of directors of the"
      266Page 130, line 33, leave out "the trust and" and insert "the board of governors and board of directors of the trust and to"
      267Page 130, line 37, leave out "trust" and insert "directors"
       

      THE EARL HOWE
      THE BARONESS NOAKES

      268Leave out Schedule 5
       

      Clause 38

       

      THE EARL HOWE
      THE BARONESS NOAKES

      269Leave out Clause 38
       

      Clause 39

       

      THE LORD WARNER

      270Page 15, leave out lines 16 to 18
       

      THE EARL HOWE
      THE BARONESS NOAKES

      271Leave 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

      283Page 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

 
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©Parliamentary copyright 2003
7 November 2003