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

 

Clause 69

 

THE BARONESS FINLAY OF LLANDAFF

331Page 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

334Page 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

341Page 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

343Page 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

346Page 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."
 

Clause 80

 

THE LORD WARNER

347Page 33, line 32, leave out "may promote or undertake" and insert "has the function of promoting or undertaking"
348Page 34, line 5, 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 any recommendations or the result of any studies under this section."
 

Clause 83

 

THE EARL HOWE
THE BARONESS NOAKES

349Page 34, line 32, leave out paragraph (c)
 

Clause 88

 

THE EARL HOWE
THE BARONESS NOAKES

350Page 36, line 43, leave out "The CSCI may at any time" and insert "Regulations may provide for the circumstances in which the CSCI may"
351Page 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 93

 

THE LORD WARNER

352Page 38, line 35, leave out "may promote or undertake" and insert "has the function of promoting or undertaking"
 

Clause 95

 

THE LORD WARNER

353Page 39, line 25, at end insert—
"(   )  the availability and quality of information provided to the public about the services;"
 

Clause 100

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

354Page 41, line 37, after "Part" insert "insofar as they do not carry out excepted treatment"
355Page 41, line 41, at end insert "; and
(d)  institutions carrying out any excepted treatment."
356Page 42, line 14, at end insert—
"(   )  In this section, "excepted treatment" means the treatment of long-term conditions and substance and addictive behaviour treatment."
 

Clause 101

 

THE LORD PEYTON OF YEOVIL

357Page 42, leave out lines 18 to 22
 

THE EARL HOWE
THE BARONESS NOAKES

358Page 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."
 

THE LORD PEYTON OF YEOVIL

359Page 42, line 24, at end insert "to a level similar to that achieved by like organisations within the NHS"
 

THE EARL HOWE
THE BARONESS NOAKES

360Page 42, line 40, after "of" insert "disadvantaged and vulnerable persons including"
 

Clause 102

 

THE EARL HOWE
THE BARONESS NOAKES

361Page 43, line 29, after "of" insert "disadvantaged and vulnerable persons including"
 

After Clause 102

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

362Insert the following new Clause—
  "Convergence of standards
(1)  Within a year of the date of coming into force of this Act, the Secretary of State shall publish a timetable that will set out how standards at health or social care institutions and independent institutions exercising similar functions shall be measured by the same criteria within five years of the publication of the timetable.
(2)  In this section—
  "health or social care institutions" means those institutions vested in the Secretary of State, a Primary Health Care Trust, an NHS trust or a local authority for the purposes of the discharge of functions under the National Health Service Act 1977 (c. 49) or the National Assistance Act 1948 (c. 29); and
  "independent institutions" means those institutions that are not health or social care institutions, in relation to which the functions of the National Care Standards Commission are transferred to the CHAI and the CSCI under section 100."
 

Clause 108

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

363Page 46, line 6, at end insert—
"(   )  In exercise of its functions by virtue of this section, the CSCI shall—
(a)  prepare a report on the discharge by the school or college of relevant functions;
(b)  without delay send a copy of the report to the school or college; and
(c)  make copies of the report available for inspection at its offices by any person at any reasonable time;
  and may take any other steps for publicising a report which it considered appropriate.
(   )  Any person who asks the CSCI for a copy of the report shall be entitled to have one on payment of a reasonable fee determined by the CSCI; but nothing in this subsection prevents the CSCI from providing a copy free of charge when it considers it appropriate to do so."
 

Clause 109

 

THE LORD WARNER

364Page 46, line 10, after "subsection (5)" insert "in relation to a child"
365Page 46, line 10, at end insert "on whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the school or college"
366Page 46, leave out lines 11 to 13 and insert—
"(9B)  Where the Commission or the National Assembly for Wales publishes a report under this section, it must—
(a)  send a copy of the report to the school or college concerned; and
(b)  make copies of the report available for inspection at its offices by any person at any reasonable time."
 

Before Clause 111

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

367Insert the following new Clause—
  "Complaints
(1)  Complaints under this Act may be made by an individual or a body of persons, whether incorporated or not.
(2)  A complaint may be submitted in respect of—
(a)  the exercise by an NHS body of any of its functions;
(b)  the provision by any person of health care for which the body is responsible;
(c)  the provision of an NHS service by a health professional supplied under private contract; and
(d)  the provision of services by the body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities) in relation to the exercise of the health-related functions of a local authority.
(3)  A complaint may be initiated by—
(a)  the person aggrieved;
(b)  his personal representative;
(c)  a member of his family;
(d)  an independent advocate, or
(e)  some body or individual suitable to represent him"

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
7 November 2003