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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


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

1*Leave out Clause 2 and insert the following new Clause—
  "General duty of the regulator
              The regulator must exercise its functions in a manner that—
(a)  is consistent with the performance by the Secretary of State of the duties under sections 1, 3 and 51 of the National Health Service Act 1977 (c. 49) (duty as to health service and services generally and as to university clinical teaching and research), and
(b)  has regard to the impact of an NHS foundation trust on the local health economy."
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES

2Page 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 LORD TURNBERG
THE BARONESS FINLAY OF LLANDAFF
THE BARONESS BARKER
THE EARL HOWE

3Page 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 15

 

THE EARL HOWE
THE BARONESS NOAKES

4Page 7, line 40, leave out subsections (2) and (3)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

5Page 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

6Page 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 26

 

THE LORD WARNER

7Page 11, line 31, leave out subsection (1)
8Page 11, line 32, at beginning insert "In sections 24 and 25"
9Page 11, line 33, at end insert "under section 24(2)"
10Page 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

11Page 14, line 11, after "each" insert "NHS"
12Page 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"."
13Page 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)"
14Page 14, line 26, at end insert ", and
(b)  in subsection (4)(a), after "NHS trust" there is inserted "or NHS foundation trust."
 

Clause 36

 

THE LORD WARNER

15Page 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"
16Page 15, line 32, leave out "that he is" and insert "of the particulars of his qualification to vote as"
17Page 15, line 37, leave out "that he is" and insert "of the particulars of his qualification to vote as"
18Page 15, line 38, at end insert—
"(   )  This section does not apply to an election held for the staff constituency."
 

Clause 48

 

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

19Page 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

20Page 44, line 13, after "Part" insert "insofar as they do not carry out excepted treatment"
21Page 44, line 17, at end insert "; and
(d)  institutions carrying out any excepted treatment"
22Page 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

23Insert 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 LORD WARNER

24Page 65, line 7, leave out from "other" to "for" in line 8
 

THE EARL HOWE
THE BARONESS NOAKES

25Page 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"
 

Clause 185

 

THE LORD WARNER

26Page 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

    27Page 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

    28Page 109, line 20, after "section" insert "26,"
     

    Clause 199

     

    THE LORD WARNER

    29Page 110, line 22, leave out "section 57" and insert "sections 57 and 61"
    30Page 110, line 23, leave out "and 139" and insert ", 139 and 141"
     

    Schedule 1

     

    THE LORD WARNER

    31Page 114, line 5, leave out sub-paragraph (2)
    32Page 114, line 12, leave out "a participant in" and insert "an active or deferred member of"
    33Page 114, line 14, leave out from "chairman" to end of line
    34Page 114, line 16, leave out from "chairman" to end of line
    35Page 114, line 18, leave out "was a participant" and insert "is a member"
    36Page 114, line 19, leave out "or 4(2)"
    37Page 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)."
    38Page 115, line 11, leave out from "year" to end of line 13
     

    THE EARL HOWE
    THE BARONESS NOAKES

    39Page 115, line 13, leave out "during" and insert "in respect of"
     

    THE LORD WARNER

    40Page 115, line 15, leave out "each" and insert "the"
    41Page 115, line 16, leave out "them" and insert "it"
    42Page 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 EARL HOWE
    THE BARONESS NOAKES

    43*Page 131, line 28, leave out "body specified in section 187(3)" and insert "Special Health Authority to which a direction has been given under section 187(2)"
     

    THE LORD WARNER

    44Page 131, line 29, leave out "body specified in section 187(3)" and insert "relevant Special Health Authority"
    45Page 131, line 30, leave out from first "the" to end of line and insert "relevant Special Health Authority who appears to that Authority"
    46Page 131, line 32, leave out "Secretary of State" and insert "relevant Special Health Authority"
     

    THE EARL HOWE
    THE BARONESS NOAKES

    47Page 131, line 32, leave out "Secretary of State" and insert "Special Health Authority to which a direction has been given under section 187(2)"
     

    THE LORD WARNER

    48Page 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."
    49Page 131, line 34, leave out "by him"
    50Page 131, line 38, leave out "by it"
    51Page 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)"
    52Page 132, line 12, leave out "become" and insert "are"
    53Page 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)."
    54Page 132, line 20, leave out "this paragraph" and insert "sub-paragraph (2) or (5)"
    55Page 132, line 22, leave out "the preceding provisions of this paragraph" and insert "sub-paragraph (3) or (5)"
    56Page 132, line 23, leave out sub-paragraph (9)
    57Page 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"
    58Page 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."

 
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©Parliamentary copyright 2003
18 November 2003