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Amendments to the Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill


REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 3rd November 2003, as follows—

Schedule 3
Clauses 26 to 34
Schedule 4
Clauses 35 to 37
Schedule 5
Clauses 38 to 40
Schedule 6
Clause 41
Schedule 7
Clause 42
Schedule 8
Clauses 43 to 143
Schedule 9
Clauses 144 to 146
Schedule 10
Clauses 147 to 180
Schedule 11
Clauses 181 to 183
Schedule 12
Clauses 184 to 186
Schedule 13
Clauses 187 to 192
Schedule 14
Clauses 193 to 198

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 3

 

THE EARL HOWE
THE BARONESS NOAKES

232Leave out Schedule 3
 

Clause 26

 

THE LORD WARNER

233Page 11, line 20, leave out subsections (3) and (4)
 

THE EARL HOWE
THE BARONESS NOAKES

234Leave out Clause 26
 

Clause 27

 

THE LORD WARNER

235Page 12, line 16, leave out "he" and insert "the regulator"
236Page 12, line 20, leave out from beginning to "will" in line 21 and insert "the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency"
237Page 12, line 25, leave out "he" and insert "the regulator"
238Page 12, line 25, at end insert—
"(   )  In deciding whether it is satisfied as to the matters referred to in subsection (5)(c), the regulator is to consider (among other things)—
(a)  any report or recommendation in respect of either of the applicants made by the Commission for Healthcare Audit and Inspection,
(b)  the financial position of the applicants."
238APage 12, line 26, leave out from beginning to "the" in line 27 and insert—
"(   )  The applicants must consult about the application in accordance with regulations.
(   )  In the course of the consultation the applicants must seek the views of —
(a)  any Patients' Forum for an applicant,
(b)  the staff employed by the applicants,
(c)  individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(d)  any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
(e)  if the proposed constitution provides for a patients' constituency, individuals who would be able apply to become members of that constituency,
(f)  any persons prescribed by regulations.
(   )"  
239Page 12, line 28, leave out "he" and insert "it"
 

THE EARL HOWE
THE BARONESS NOAKES

240Leave out Clause 27
 

Clause 28

 

THE LORD WARNER

241Page 13, line 2, leave out subsection (4)
 

THE EARL HOWE
THE BARONESS NOAKES

242Leave out Clause 28
 

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 "trust and" and insert "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."

 
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©Parliamentary copyright 2003
10 November 2003