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 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"
 

Clause 111

 

THE EARL HOWE
THE BARONESS NOAKES

368Page 47, line 23, at end insert—
"(   )  The first regulations under subsection (1) shall not be made unless a draft of the regulations has been laid before and approved by both Houses of Parliament."
 

Clause 112

 

THE EARL HOWE
THE BARONESS NOAKES

369Page 48, line 28, at end insert—
"(   )  The first regulations under subsection (1) shall not be made unless a draft of the regulations has been laid before and approved by both Houses of Parliament."
 

Clause 113

 

THE LORD WARNER

370Page 48, line 35, at end insert—
"(   )  the persons to whom complaints may be made;"
371Page 48, line 38, after "making" insert ", handling"
 

THE BARONESS FINLAY OF LLANDAFF

372Page 48, line 41, at end insert "including provision for ex gratia payments for severe inconvenience caused by administrative error but excluding compensation for harm attributed to clinical negligence or error"
 

THE LORD WARNER

373Page 49, line 7, at end insert—
"(   )  The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations."
 

Before Clause 118

 

THE BARONESS CUMBERLEGE

373AInsert the following new Clause—
  "Review of delivery, scrutiny and accountability arrangements
  The Secretary of State must order a review, within 18 months of the commencement of this Act, of the delivery, scrutiny and accountability arrangements of the Department of Health, and public bodies including executive and non-executive non-departmental bodies already involved in the regulation and inspection of health care, including the case for an NHS agency, as a non-departmental public body, for England."
 

Clause 121

 

THE LORD WARNER

374Page 54, line 3, leave out "body" and insert "authority"
375Page 54, line 4, leave out "body" and insert "authority"
376Page 54, line 5, leave out subsection (2)
 

Clause 126

 

THE EARL HOWE
THE BARONESS NOAKES

377Page 56, line 5, at end insert—
"(   )  a statement showing the ways in which the CHAI has taken steps during the year to minimise the regulatory impact of its activities."
 

Clause 127

 

THE EARL HOWE
THE BARONESS NOAKES

378Page 56, line 18, at end insert—
"(   )  a statement showing the ways in which the CSCI has taken steps during the year to minimise the regulatory impact of its activities."
 

Clause 128

 

THE EARL HOWE
THE BARONESS NOAKES

379Page 56, line 27, leave out "aspects" and insert "broad principles"
 

Clause 129

 

THE EARL HOWE
THE BARONESS NOAKES

380Page 57, line 10, leave out "aspects" and insert "broad principles"
 

After Clause 137

 

THE LORD WARNER

381Insert the following new Clause—
  "Code of practice: CHAI
(1)  The CHAI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.
(2)  The code must in particular make provision about the CHAI's obtaining, handling, use and disclosure of confidential personal information.
(3)  Before publishing the code, the CHAI must consult such persons as it considers appropriate.
(4)  The CHAI must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).
(5)  For the purposes of this section "confidential personal information" means information which—
(a)  is obtained by the CHAI on terms or in circumstances requiring it to be held in confidence; and
(b)  relates to and identifies an individual."
382Insert the following new Clause—
  "Code of practice: CSCI
(1)  The CSCI must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.
(2)  The code must in particular make provision about the CSCI's obtaining, handling, use and disclosure of confidential personal information.
(3)  Before publishing the code, the CSCI must consult such persons as it considers appropriate.
(4)  The CSCI must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).
(5)  For the purposes of this section "confidential personal information" means information which—
(a)  is obtained by the CSCI on terms or in circumstances requiring it to be held in confidence; and
(b)  relates to and identifies an individual."
 

Before Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

383Insert the following new Clause—
  "Regulations under Part 3
  Notwithstanding the provisions of section 191(5), the first regulations under this Part shall be made in a draft of the regulations laid before Parliament and approved by a resolution of each House of Parliament."
 

Clause 146

 

THE BARONESS FINLAY OF LLANDAFF

384Page 64, line 28, at end insert—
"(   )  This section does not apply in cases of clinical negligence."
 

THE EARL HOWE
THE LORD SKELMERSDALE

385Page 65, line 19, after second "treatment" insert "carried out within 60 days of the injury for which compensation has been paid"
 

Clause 149

 

THE LORD WARNER

385APage 68, line 17, at end insert "or regulations under subsection (8B)"
385BPage 69, line 31, after first "under" insert "or by virtue of"
385CPage 69, line 46, at end insert "or regulations under subsection (8B)"
385DPage 70, line 9, at end insert—
"(8A)  For the purposes of subsection (8B), a claim made by or on behalf of an injured person is a qualifying claim if—
(a)  it is settled by mediation of a prescribed description, and
(b)  the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.
(8B)  Regulations may make provision as to the circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim is (or are) to be that (or those) which would be so specified apart from the regulations, reduced by the same proportion as the reduction of damages."
 

THE LORD HUNT OF WIRRAL

385EPage 70, line 16, at end insert—
"(   )  Before making any regulations under subsection (2), the Secretary of State or the Scottish Ministers (as the case may require), or both, shall consult with such persons as they think appropriate."
 

Clause 152

 

THE LORD WARNER

385FPage 72, line 40, at end insert—
"(   )  Regulations may make provision as to the circumstances in which the Secretary of State or the Scottish Ministers must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in section 149(8A))."
385GPage 73, line 6, after "under" insert "or by virtue of"
385HPage 73, line 11, at end insert—
"(   )  But the Secretary of State or the Scottish Ministers may not vary a certificate so as to increase the amount, or the aggregate amount, specified unless it appears to him or them that the variation is required as a result of his or their having been supplied with incorrect or insufficient information by the person to whom the certificate is issued."
 

Clause 158

 

THE EARL HOWE
THE LORD SKELMERSDALE

386Page 78, line 14, leave out paragraph (b)
 

Clause 160

 

THE EARL HOWE
THE LORD SKELMERSDALE

387Page 79, line 25, leave out subsection (2)
 

Clause 167

 

THE EARL HOWE
THE BARONESS NOAKES

388Page 82, line 23, at end insert—
    "(6)  Regulations made in respect of the matters set out in this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.""
 

Clause 168

 

THE EARL HOWE
THE BARONESS NOAKES

389Page 83, line 3, at end insert—
    "(   )  The first regulations made under this section may not be made until a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

THE LORD WARNER

390Page 85, leave out lines 1 and 2
391Page 85, line 13, at end insert—
"(3A)  Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services."

 
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10 November 2003