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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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
 

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

291Page 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

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

THE BARONESS FINLAY OF LLANDAFF
THE LORD CLEMENT-JONES

295Page 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

299Page 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
THE LORD CLEMENT-JONES

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

THE LORD WARNER

301Page 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

303Page 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)
 

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

308Page 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

312Leave out Clause 54
 

Clause 56

 

THE LORD WARNER

313Page 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

316Page 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

318Insert 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

319Insert 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

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

Clause 66

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

320APage 26, line 17, at beginning insert "Subject to a code of practice approved by the Secretary of State"
 

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."

 
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©Parliamentary copyright 2003
10 November 2003