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 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"
 

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

373A*Insert 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."

 
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©Parliamentary copyright 2003
6 November 2003