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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


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 14

 

THE LORD TURNBERG
THE BARONESS FINLAY OF LLANDAFF

Page 7, line 15, at end insert—
  "and, in deciding how to exercise its functions under this subsection in a case where any of the corporation's hospitals includes a medical or dental school provided by a university, the regulator is to have regard to the need to establish and maintain appropriate arrangements with the university."
 

Clause 26

 

THE LORD WARNER

Page 11, line 31, leave out subsection (1)
Page 11, line 32, at beginning insert "In sections 24 and 25"
Page 11, line 33, at end insert "under section 24(2)"
Page 11, line 39, at end insert—
"(4)  The power conferred by section 25(3) is to be exercised with a view to securing the provision of the goods and services which the authorisation requires the trust to provide.
(5)  That power is also to be exercised (together, if required, with the power conferred by section 11(2)) with a view to securing that any transfer of property in pursuance of the power does not result in a net loss of value to the trust; and the question whether a transfer would result in a net loss of value is to be determined in accordance with regulations.
(6)  The Insolvency Act 1986 may not be modified under section 25(6) so as to alter the priority of debts or the ranking of debts between themselves."
 

Clause 31

 

THE LORD WARNER

Page 14, line 11, after "each" insert "NHS"
Page 14, line 11, at end insert—
"(b)  in subsection (9), in the definition of "relevant overview and scrutiny committee", for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust"."
Page 14, line 15, leave out from "reports)" to "there" in line 18 and insert "in subsection (2)—
(a)  in paragraph (c)(ii), after "NHS trust" there is inserted "or NHS foundation trust",
(b)  after paragraph (d)"
Page 14, line 26, at end insert—
  "and in subsection (4)(a), after "NHS trust" there is inserted "or NHS foundation trust."
 

Clause 36

 

THE LORD WARNER

Page 15, line 30, leave out from "form" to end of line and insert "of the particulars of his qualification to vote as a member of the constituency for which the election is being held"
Page 15, line 32, leave out "that he is" and insert "of the particulars of his qualification to vote as"
Page 15, line 37, leave out "that he is" and insert "of the particulars of his qualification to vote as"
Page 15, line 38, at end insert—
"(   )  This section does not apply to an election held for the staff constituency."
 

Clause 145

 

THE LORD WARNER

Page 65, line 7, leave out from "other" to "for" in line 8
 

Clause 185

 

THE LORD WARNER

Page 104, line 39, at end insert—
    "(   )  The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament."
     

    Clause 187

     

    THE LORD WARNER

    Page 106, line 25, at end insert-
    "(   )  Nothing in this section applies in relation to the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection."
     

    Clause 195

     

    THE LORD WARNER

    Page 109, line 20, after "section" insert "25,"
     

    Clause 199

     

    THE LORD WARNER

    Page 110, line 22, leave out "section 57" and insert "sections 57 and 61"
    Page 110, line 23, leave out "and 139" and insert "139 and 141"
     

    Schedule 1

     

    THE LORD WARNER

    Page 114, line 5, leave out sub-paragraph (2)
    Page 114, line 12, leave out "a participant in" and insert "an active or deferred member of"
    Page 114, line 14, leave out from "chairman" to end of line
    Page 114, line 16, leave out from "chairman" to end of line
    Page 114, line 18, leave out "was a participant" and insert "is a member"
    Page 114, line 19, leave out "or 4(2)"
    Page 114, line 19, at end insert—
    "(3)      Employment with the regulator is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c.11) can apply; and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
       "The Independent Regulator of NHS Foundation Trusts".
    (4)      The regulator must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11)."
    Page 115, line 11, leave out from "year" to end of line 13
    Page 115, line 15, leave out "each" and insert "the"
    Page 115, line 16, leave out "them" and insert "it"
    Page 115, line 16, at end insert—
    "(   )      The regulator must in respect of each financial year prepare a report which provides an overall summary of the accounts of NHS foundation trusts.
    (   )      The report must be prepared as soon as possible after the regulator has received the accounts of all NHS foundation trusts for the relevant financial year.
    (   )      The regulator must—
    (a)  lay a copy of the report before Parliament, and
    (b)  once it has done so, send a copy of it to the Secretary of State."
     

    Schedule 5

     

    THE LORD WARNER

    Page 131, line 29, leave out "body specified in section 187(3)" and insert "relevant Special Health Authority"
    Page 131, line 30, leave out from first "the" to end of line and insert "relevant Special Health Authority who appears to that Authority".
    Page 131, line 32, leave out "Secretary of State" and insert "relevant Special Health Authority"
    Page 131, line 32, at end insert—
    "(1A)      In paragraph (a) and (c) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that paragraph.
    (1B)       In paragraph (b) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Assembly to exercise the function of appointment under that paragraph."
    Page 131, line 34, leave out "by him"
    Page 131, line 38, leave out "by it"
    Page 132, line 5, leave out "has become disqualified from holding office" and insert "is disqualified from holding office (or was disqualified at the time of his appointment)"
    Page 132, line 12, leave out "become" and insert "are"
    Page 132, line 18, at end insert—
    "(   )      The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (1A) to exercise so much of any function of his under sub-paragraph (2) or under regulations under sub-paragraph (5) as may be specified in the direction.
    (   )      The Assembly may direct the Special Health Authority referred to in sub-paragraph (1B) to exercise so much of any function of the Assembly under sub-paragraph (3) or under regulations under sub-paragraph (5) as may be specified in the direction.
    (   )      The Special Health Authority referred to in sub-paragraph (1A) must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the Special Health Authority referred to in sub-paragraph (1B) must consult the Secretary of State before exercising the function of appointment under sub-paragraph (1)(b)."
    Page 132, line 20, leave out "this paragraph" and insert "sub-paragraph (2) or (5)"
    Page 132, line 22, leave out "the preceding provisions of this paragraph" and insert "sub-paragraph (2) or (5)"
    Page 132, line 23, leave out sub-paragraph (9)
    Page 132, line 25, leave out "If directions are given under sub-paragraph (9)" and insert "Where directions are given under this paragraph to a Special Health Authority."
    Page 132, line 30, at end insert—
    "(   )      Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section."
     

    Schedule 6

     

    THE LORD WARNER

    Page 135, line 13, leave out "body specified in section 187(4)" and insert "relevant Special Health Authority."
    Page 135, line 13, at end insert—
    "(1A)      In sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that sub-paragraph."
    Page 135, line 19, leave out paragraph (c) and insert—
    "(c)  is disqualified from holding office (or was disqualified at the time of his appointment)."
    Page 135, line 26, leave out "become" and insert "are"
    Page 135, line 31, at end insert—
    "(   )      The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (1A) to exercise so much of any function of his under sub-paragraph (2) or under regulations under sub-paragraph (3) as may be specified in the direction.
    (   )      Where directions are given under this paragraph to a Special Health Authority, the 1977 Act has effect as if—
    (a)  the directions were directions under section 16D of that Act for the exercise of functions relating to the health service, and, accordingly,
    (b)  the functions were exercisable by the Special Health Authority under that section.
    (   )      Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section."
     

    Schedule 8

     

    THE LORD WARNER

    Page 140, line 16, at end insert—
    "5A      The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11)."
     

    Schedule 13

     

    THE LORD WARNER

    Page 168, line 26, at end insert—
      "National Health Service Reform and
    Health Care Professions Act 2002 (c. 17)
    In section 15(1), the "and" before paragraph (b)."

 
 
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©Parliamentary copyright 2003
14 November 2003