House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
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 12

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 3, at end insert—
"(   )  In making the code the regulator shall ensure that the economic effect of all commitments to make payments over periods exceeding one year is taken into account."
 

Clause 14

 

THE EARL HOWE
THE BARONESS NOAKES

Page 7, line 40, leave out subsections (2) and (3)
 

Clause 15

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

Page 8, line 7, at end insert—
"(   )  Every NHS foundation trust shall publish a statement of its total income and expenditure relating to the goods and services referred to in subsection (4) in each financial year."
 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES

Page 11, line 19, at end insert—
"(   )  An order may not be made in respect of property and liabilities under subsection (3) if it appears to the Secretary of State that the property remaining in the NHS foundation trust immediately after the transfer will be insufficient to meet the liabilities remaining in the trust at that time unless the Secretary of State has made arrangements which have the effect of leaving the creditors of the trust in no worse a financial position on a dissolution of the trust than if the property and liabilities had not been transferred by the order."
 

Clause 48

 

THE BARONESS FINLAY OF LLANDAFF
THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 19, line 5, at end insert ", and
(   )  the implementation of ethical principles in decision making processes"
 

Clause 102

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

Page 44, line 13, after "Part" insert "insofar as they do not carry out excepted treatment"
Page 44, line 17, at end insert "; and
(d)  institutions carrying out any excepted treatment"
Page 44, line 31, at end insert—
"(   )  In this section, "excepted treatment" means the treatment of long-term conditions and substance and addictive behaviour treatment."
 

Before Clause 113

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert 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, as specified in section 3.
(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 aggrieved patient, or
(b)  on behalf of the patient by—
(i)  his personal representative;
(ii)  a member of his family;
(iii)  an independent advocate; or
(iv)  some body or individual suitable to represent him.
(4)  Where the patient lacks capacity, a complaint may be initiated independently by any person able to exercise an enduring power of attorney for the patient under the Enduring Powers of Attorney Act 1985 (c. 29) or successor legislation, or the patient's carer under the Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and Disabled Children Act 2000 (c. 16) (or both), or their Guardian under the Mental Health Act 1983 (c. 20) or successor legislation."
 

Clause 145

 

THE EARL HOWE
THE BARONESS NOAKES

Page 65, line 7, after "other" insert "whenever the Assembly exercises its functions in a way which affects or may affect an English NHS body or whenever the CHAI exercises its functions in a way which affects or may affect a Welsh NHS body and otherwise"
 

Schedule 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 115, line 13, leave out "during" and insert "in respect of"
 

Schedule 4

 

THE EARL HOWE
THE BARONESS NOAKES

Page 131, line 32, leave out "Secretary of State" and insert "Special Health Authority to which a direction has been given under section 187(2)"

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
17 November 2003