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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
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—

Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 25
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.

 

Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

1Page 1, line 7, leave out "England" and insert "the United Kingdom"
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES
THE BARONESS BARKER

2Leave out Clause 1
 

After Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

3Insert the following new Clause—
  "Review of democratically accountable governance
(1)  It shall be the duty of the Secretary of State to establish an independent review body to carry out the functions specified in subsections (4) to (6).
(2)  The Secretary of State shall appoint at least nine members of the independent review body.
(3)  The independent review body shall elect a chairman from amongst its members.
(4)  The independent review body shall prepare reports containing proposals relating to the establishment of a local, democratically accountable system of governance for NHS foundation trusts and Primary Care Trusts.
(5)  The independent review body may in particular make proposals in accordance with the provisions of subsection (4) relating to—
(a)  methods of securing wider public participation in the governance of NHS foundation trusts and Primary Care Trusts;
(b)  methods of increasing public awareness and access to information about the governance of NHS foundation trusts and Primary Care Trusts; and
(c)  the membership of public benefit corporations.
(6)  The independent review body must—
(a)  lay a copy of any report prepared in accordance with the provisions of this section before Parliament, and
(b)  once they have done so, send a copy of it to—
(i)  the Secretary of State, and
(ii)  the regulator."
 

Schedule 1

 

THE LORD WARNER

4Page 109, line 12, leave out sub-paragraph (1) and insert—
"(1)      The persons who may become or continue as members of a public benefit corporation are—
(a)  individuals who live in any area specified in the constitution as the area for a public constituency,
(b)  individuals employed by the corporation under a contract of employment and, if the constitution so provides, individuals who exercise functions for the purposes of the corporation otherwise than under a contract of employment with the corporation,
(c)  if the constitution so provides, individuals who have attended any of the corporation's hospitals as either a patient or the carer of a patient."
 

THE EARL HOWE
THE BARONESS NOAKES

5Page 109, line 12, at end insert "are entitled to free care from the National Health Service and"
6Page 109, line 12, at end insert "are over 16 years of age and"
 

THE LORD WARNER

7Page 109, line 17, leave out "area specified under sub-paragraph (1)(a)" and insert "constitution may specify one or more areas as areas for public constituencies, each of which"
8Page 109, line 19, at end insert—
"(   )      An individual providing care in pursuance of a contract (including a contract of employment), or as a volunteer for a voluntary organisation, does not come within sub-paragraph (1)(c).
  A voluntary organisation is a body, other than a public or local authority, the activities of which are not carried on for profit."
9Page 109, line 20, leave out sub-paragraphs (3) and (4)
 

THE EARL HOWE
THE BARONESS NOAKES

10Page 109, line 20, leave out sub-paragraph (3) and insert—
"(3)      Where a significant proportion of the patients of the corporation's hospitals does not reside in the area specified under sub-paragraph (1)(a), the constitution must also provide for the public constituency to include individuals who are or have been patients (including individuals who are the carer of a patient)."
11Page 109, line 22, at end insert—
"(   )      A "carer", for the purposes of sub-paragraph (3), means an individual aged 16 or over who provides or intends to provide substantial care on a regular basis for the patient and does not provide the care in question—
(a)  by virtue of a contract of employment or other contract with any person; or
(b)  as a volunteer for a voluntary organisation as defined in the National Assistance Act 1948 (c. 29)."
 

THE LORD WARNER

12Page 109, line 26, leave out "staff constituency" and insert "corporation by virtue of sub-paragraph (1)(b)"
13Page 109, line 31, leave out from "where" to second "for" in line 32 and insert "he exercises functions for the purposes of the corporation as mentioned in that sub-paragraph, he has done so continuously"
14Page 109, line 34, leave out sub-paragraph (6)
15Page 110, line 2, at end insert—
 

"Constituencies

(1)      Members of a public benefit corporation are referred to as follows—
(a)  those who live in an area specified in the constitution as an area for any public constituency are referred to collectively as a public constituency,
(b)  those who come within paragraph 3(1)(b) are referred to collectively as the staff constituency,
(c)  those who come within paragraph 3(1)(c) are referred to collectively as the patients' constituency.
(2)      A person who is a member of one constituency may not while that membership continues be a member of any other constituency.
(3)      A person who comes within paragraph 3(1)(b) may not become or continue as a member of any constituency other than the staff constituency."
 

THE LORD HUNT OF KINGS HEATH

16Page 110, line 2, at end insert—
  "The constitution may make provision that any member of staff who is employed by the public benefit corporation at the date of election of the board of governors shall be deemed to be a member of the public benefit corporation unless he opts not to be a member."
 

THE LORD PEYTON OF YEOVIL

17Page 110, line 3, after "minimum" insert "and a maximum"
 

THE EARL HOWE
THE BARONESS NOAKES

18Page 110, line 4, at end insert "which shall not be less than 50 or such higher number as is specified by the regulator"
19Page 110, line 7, after "provision" insert "in accordance with regulations issued by the Secretary of State"
 

THE LORD HUNT OF KINGS HEATH

20Page 110, line 8, at end insert—
"(3)      The constitution may make provision that any person who has attended any of the corporation's hospitals as patients within a period of three years of the date of election of the board of governors shall be deemed to be a member of the public benefit corporation unless he opts not to be a member."
 

THE EARL HOWE
THE BARONESS NOAKES

21Page 110, line 9, at end insert—
"(   )      The chairman of the board of governors shall be put forward for election only after following an appointment process approved by a Special Health Authority to which a direction under section 183(2) has been made."
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

22Page 110, line 10, leave out second "a" and insert "an advisory"
 

THE EARL HOWE
THE BARONESS NOAKES

23Page 110, line 10, at end insert—
"(   )      The principal role of the board of governors is to advise the board of directors of the corporation as to its forward plans."
24Page 110, line 10, at end insert—
"(   )      The board of governors shall not involve itself in any way in the day to day management of the corporation."
25Page 110, line 10, at end insert—
"(   )      The board of governors shall have a minimum of 10 members and a maximum of 25 members."
 

THE LORD PEYTON OF YEOVIL

26Page 110, line 11, leave out sub-paragraph (2)
 

THE LORD WARNER

27Page 110, line 15, leave out "the public constituency or the staff" and insert "a"
28Page 110, line 17, leave out sub-paragraph (5)
 

THE LORD HUNT OF KINGS HEATH

29Page 110, line 18, at end insert—
"(6)  The constitution may provide for the sub-division of the public constituency into different geographical areas and categories to ensure that taken as a whole, those members of the board of governors elected by the public constituency will be representative of those eligible for membership of the public constituency."
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

30Page 110, line 19, after second "the" insert "advisory"
 

THE EARL HOWE
THE BARONESS NOAKES

31Page 110, line 30, after "provision" insert "in accordance with regulations issued by the Secretary of State"
 

THE LORD LIPSEY

32Page 110, line 32, leave out "More than" and insert "At least two and up to"
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

33Page 110, line 32, after second "the" insert "advisory"
 

THE LORD WARNER

34Page 110, line 33, leave out "public constituency" and insert "members of the corporation other than the members of the staff constituency"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

35Page 110, line 34, leave out "one member of the board is" and insert "three members of the board are"
 

THE EARL HOWE
THE BARONESS NOAKES

36Page 110, line 36, at end insert "and if the corporation provides goods and services for more than one Primary Care Trust, the right of appointment shall be given to the Primary Care Trust or Primary Care Trusts for which the greatest value of services is provided"
 

THE LORD WARNER

37Page 110, line 40, leave out "the area specified under paragraph 3(1)(a)" and insert "an area specified in the constitution as the area for a public constituency"
38Page 111, line 1, leave out from beginning to "may" in line 2 and insert "An elected member of the board of governors"
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

39Page 111, line 1, after first "the" insert "advisory"
 

THE LORD WARNER

40Page 111, line 4, leave out from "But" to end of line 5 and insert "such a member ceases to hold office if he ceases to be a member of the corporation"
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

41Page 111, line 6, at end insert "advisory"
 

THE EARL HOWE
THE BARONESS NOAKES

42Page 111, line 8, leave out "corporation" and insert "board of governors"
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

43Page 111, line 9, after "the" insert "advisory"
44Page 111, line 10, after second "the" insert "advisory"
 

THE EARL HOWE
THE BARONESS NOAKES

45Page 111, line 17, at end insert—
"(   )  the election of the chairman of the board,"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

46Page 111, line 27, after "directors" insert "along with healthcare professionals which should include the director of nursing"
 

THE BARONESS FINLAY OF LLANDAFF
THE BARONESS EMERTON
THE BARONESS CUMBERLEGE

47Page 111, line 27, leave out from "directors," to end of line 28 and insert "including the chief executive, finance director and a medical practitioner (or in the case of a dental trust, a dental practitioner) and a nurse who shall both be registered on the relevant professional registers"
 

THE LORD WARNER

48Page 111, line 27, after second "executive" insert "(and accounting officer)"
 

THE EARL HOWE
THE BARONESS NOAKES

49Page 111, line 28, at end insert "and another a person practising as a clinician in the corporation"
 

THE LORD WARNER

50Page 111, line 29, at end insert—
"(   )      One of the executive directors is to be a registered medical practitioner or a registered dentist (within the meaning of the Dentists Act 1984 (c. 24)); and another is to be a registered nurse or registered midwife."
 

THE EARL HOWE
THE BARONESS NOAKES

51Page 111, line 29, at end insert—
"(   )      A majority of the board is to comprise the directors referred to in sub-paragraph (1)(b)."
 

THE LORD WARNER

52Page 111, line 33, leave out "the public constituency" and insert "a public constituency or the patients' constituency"
 

THE EARL HOWE
THE BARONESS NOAKES

53Page 111, line 37, at end insert—
"(   )      A person may not be appointed to the board of directors if he is a member or a chairman of the board of governors."
54Page 111, line 37, at end insert—
"(1)      The board of directors shall establish a nominations committee with the function of recommending the appointment or removal of the chairman and non-executive directors.
(2)      The nominations committee shall ensure that selection procedures used to arrive at recommendations for the appointment of the chairman and non-executive directors are in accordance with best practice for such appointments.
(3)      The nominations committee shall make its recommendations to the board of governors."
 

THE LORD LIPSEY

55Page 111, line 38, leave out sub-paragraphs (1) and (2)
 

THE EARL HOWE
THE BARONESS NOAKES

56Page 111, line 38, leave out sub-paragraph (1) and insert—
"(1)      It is for the majority of the board of governors voting at a general meeting to appoint the chairman and the other non-executive directors.
(1A)      The board of governors may remove a chairman or non-executive director at a general meeting with the approval of three-quarters of the members of the board."
57Page 111, line 38, after "meeting" insert "on the recommendation of the nominations committee"
 

THE LORD HUNT OF KINGS HEATH

58Page 112, line 3, leave out sub-paragraph (4) and insert—
"(   )      The appointment of a chief executive requires the approval of the board of governors."
 

THE EARL HOWE
THE BARONESS NOAKES

59Page 112, line 4, leave out "voting at a general meeting"
 

THE LORD LIPSEY

60Page 112, line 5, after "for" insert "the board of directors in consultation with"
 

THE EARL HOWE
THE BARONESS NOAKES

61Page 112, line 5, after "for" insert "a majority of"
62Page 112, line 5, after "governors" insert "voting"
63Page 112, line 12, at end insert—
"(   )      The chief executive shall be the Accounting Officer of the corporation."
64Page 112, line 12, at end insert—
"(   )      The committee referred to in sub-paragraph (2) shall make a report each year on the matters referred to in that sub-paragraph to the board of governors."
 

THE LORD LIPSEY
THE LORD CLEMENT-JONES

65Page 112, line 12, at end insert—
      "Any individual who serves as chair of the advisory board of governors shall not serve as chair of the board of directors, and vice versa."
 

THE LORD WARNER

66Page 112, line 32, at beginning insert "Sub-paragraphs (a) and (b) of paragraph 15(3) do not apply to the appointment of any initial non-executive director in pursuance of this paragraph and"
 

THE LORD HUNT OF KINGS HEATH

67Page 112, line 32, leave out from "of" to end of line 33 and insert "the initial chief executive of the corporation in pursuance of sub-paragraph (5)"
 

THE LORD WARNER

68Page 112, line 38, at end insert—
"(   )  a register of interests of the members of the board of governors"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

69Page 112, line 39, at end insert "and their interests"
 

THE EARL HOWE
THE BARONESS NOAKES

70Page 112, line 40, after second "of" insert "the members of the board of governors and"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

71Page 112, line 40, at end insert "and their interests"
 

THE LORD WARNER

72Page 112, line 43, at end insert "the members of the board of governors and of"
73Page 113, line 1, leave out from beginning to "available" and insert "A public benefit corporation is to make the following documents"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

74Page 113, line 17, leave out paragraph 22 and insert—
      "A public benefit organisation shall be audited by an auditor appointed by the Audit Commission."
 

THE EARL HOWE
THE BARONESS NOAKES

75Page 113, line 18, leave out sub-paragraph (2) and insert—
"(2)      The board of governors shall appoint an auditor each year at a general meeting of the board.
(2A)      If an auditor resigns after he has been appointed, the board of governors must appoint another auditor to act until the next general meeting of the board at which an appointment may be made formally."
 

THE LORD WARNER

76Page 113, line 19, at end insert—
"(   )      An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission."
 

THE EARL HOWE
THE BARONESS NOAKES

77Page 113, line 20, leave out sub-paragraph (3) and insert—
"(3)      The persons eligible for appointment as auditor under sub-paragraph (1) are—
(a)  the Audit Commission;
(b)  a person eligible for appointment under section 25 of the Companies Act 1989 (c. 40) (eligibility for appointment)."
78Page 113, line 25, leave out paragraph (b)
 

THE LORD WARNER

79Page 113, line 27, at end insert—
"(   )      Where an officer of the Audit Commission is appointed as auditor, the Commission is to charge the public benefit corporation such fees for his services as will cover the full cost of providing them."
80Page 113, line 28, leave out from "directors" to end of line 29 and insert "as an audit committee to perform such monitoring, reviewing and other functions as are appropriate"
 

THE EARL HOWE
THE BARONESS NOAKES

81Page 113, leave out line 29 and insert "act as an audit committee in line with best practice"
 

THE LORD WARNER

82Page 113, line 29, at end insert—
"(   )      In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales."
 

THE EARL HOWE
THE BARONESS NOAKES

83Page 114, line 8, at end insert "within 6 months of the end of its financial year"
84Page 114, line 9, leave out "any" and insert "the"
85Page 114, line 10, leave out "them" and insert "the annual accounts and any other report of the auditor"
 

THE LORD WARNER

86Page 114, leave out line 12
87Page 114, line 12, at end insert—
"(   )      The constitution is to provide for the functions of the corporation under this paragraph to be delegated to the accounting officer."
88Page 114, line 19, leave out "and the registrar of companies"
 

THE EARL HOWE
THE BARONESS NOAKES

89Page 114, line 19, at end insert—
"(   )      The report shall contain a breakdown of the costs incurred by the public benefit corporation running elections and managing the membership."
 

THE LORD WARNER

90Page 114, line 22, leave out "its public constituency" and insert "any public constituency and (if there is one) of the patients' constituency"
91Page 114, line 27, leave out "him" and insert "it"
92[Unallocated]
 

THE EARL HOWE
THE BARONESS NOAKES

93Page 114, line 28, at end insert ", such periods being coterminous with those in paragraph 24(5)"
94Page 114, leave out line 30
95Page 114, line 30, at end insert—
"(   )      The information referred to in sub-paragraph (1) shall cover such periods and deal with such matters as the regulator shall specify."
 

THE LORD HUNT OF KINGS HEATH

96Page 114, line 31, leave out sub-paragraph (2) and insert—
"(   )      The document containing the information is to be prepared by the directors.
(   )      In preparing the document the directors must have regard to the views of the board of governors."
 

THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES

97Leave out Schedule 1

 
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©Parliamentary copyright 2003
6 November 2003