Health and Social Care Bill
AMENDMENTS
TO BE MOVED
ON REPORT
| Page 2 , line 9, leave out subsections (3) to (5) |
| Insert the following new Clause— |
| | "The Commission's objectives |
| (1) | The main objective of the Commission in performing its functions is to protect and promote the health, safety and welfare of people who use health and social care services. |
| (2) | The Commission is to perform its functions for the general purpose of encouraging— |
| (a) | the improvement of health and social care services, |
| (b) | the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and |
| (c) | the efficient and effective use of resources in the provision of health and social care services. |
| (3) | In this Chapter "health and social care services" means the services to which the Commission's functions relate." |
| Insert the following new Clause— |
| | "Matters to which the Commission must have regard |
| (1) | In performing its functions the Commission must have regard to— |
| (a) | views expressed by or on behalf of members of the public about health and social care services, |
| (b) | experiences of people who use health and social care services and their families and friends, |
| (c) | views expressed by local involvement networks about the provision of health and social care services in their areas, |
| (d) | the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children, of persons detained under the Mental Health Act 1983 (c.20), of persons who are deprived of their liberty in accordance with the Mental Capacity Act 2005 (c. 9), and of other vulnerable adults), |
| (e) | the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed, |
| (f) | any developments in approaches to regulatory action, and |
| (g) | best practice among persons performing functions comparable to those of the Commission (including the principles under which regulatory action should be transparent, accountable and consistent). |
| (2) | In performing its functions the Commission must also have regard to such aspects of government policy as the Secretary of State may direct. |
| (3) | In subsection (1)(c), "local involvement network" has the meaning given by section 222(2) of the Local Government and Public Involvement in Health Act 2007." |
| Insert the following new Clause— |
| | "Statement on user involvement |
| (1) | The Commission must publish a statement describing how it proposes to— |
| (a) | promote awareness among service users and carers of its functions, |
| (b) | promote and engage in discussion with service users and carers about the provision of health and social care services and about the way in which the Commission exercises its functions, |
| (c) | ensure that proper regard is had to the views expressed by service users and carers, and |
| (d) | arrange for any of its functions to be exercised by, or with the assistance of, service users and carers. |
| (2) | The Commission may from time to time revise the statement and must publish any revised statement. |
| (3) | Before publishing the statement (or revised statement) the Commission must consult such persons as it considers appropriate. |
| (a) | "service users" means people who use health or social care services, and |
| (b) | "carers" means people who care for service users as relatives or friends." |
| Insert the following new Clause— |
| | "Meaning of "health and social care services" in Chapter 1 |
| | In this Chapter "health and social care services" has the meaning given by section (The Commission's objectives)(3)." |
| Page 6, line 14, at end insert— |
| "(1A) | The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if— |
| (a) | no-one is registered under this Chapter as a service provider in respect of the activity, or |
| (b) | the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition." |
| Page 6, line 21, leave out paragraph (d) and insert— |
| "(d) | any other offence which appears to the Commission to be relevant." |
| Page 11, line 35, after "than" insert "by virtue of section 13(1A) or" |
| Page 16, line 1, leave out subsections (2) and (3) and insert— |
| "( ) | A person ("M") whose registration under this Chapter as a manager in respect of a regulated activity is suspended is guilty of an offence if, during the period of suspension, M manages that activity at a time when no one else has been registered under this Chapter as a manager in respect of the activity since the suspension of M's registration. |
| ( ) | A person ("M") whose registration under this Chapter as a manager in respect of a regulated activity has been cancelled is guilty of an offence if M manages that activity at a time when— |
| (a) | a person ("S") remains registered under this Chapter as a service provider in respect of the activity, |
| (b) | S's registration remains subject to a registered manager condition, and |
| (c) | no-one has been registered under this Chapter as a manager in respect of the activity since the cancellation of M's registration. |
| ( ) | If a person ("M") who is registered under this Chapter as a manager in respect of a regulated activity manages that activity while the registration of the person registered under this Chapter as a service provider in respect of the activity is suspended, M is guilty of an offence if M knows or could reasonably be expected to know of the suspension." |
| Page 18, line 38, after "where" insert "a person who was" |
| Page 19, line 10, after "any" insert "regulated" |
| Page 19, line 25, at end insert— |
| "( ) | Any regulated activity carried on by or on behalf of the Crown is for this purpose a newly regulated activity." |
| Page 20, line 36, after "reviews" insert "of the assessment of social care needs and" |
| Page 21, line 30, leave out "or modified" |
| Page 22, line 9, at end insert— |
| "(4A) | The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 49(2). |
| (4B) | If the review or investigation gives rise to a duty to act under section 46(2) or (3) in respect of an English local authority, subsection (4A) does not apply in relation to so much of the report as relates to that local authority." |
| Page 22, line 12, leave out "such a report" and insert "a report under subsection (4)" |
| Page 37, line 34, leave out from second "time" to "prepare" in line 35 |
| Page 38, line 34, leave out "and" |
| Page 38, line 35, at end insert ", and |
| (e) | the steps taken by it during the year to implement the proposals in its statement under section (Statement on user involvement) (statement on user involvement)." |
| Page 40, line 3, leave out subsection (5) |
| Insert the following new Clause— |
| (1) | Any provision made by or under Chapter 2 or 3 or this Chapter binds the Crown, but does not affect Her Majesty in her private capacity. |
| (a) | does not require regulations made under section 4 to be made so as to apply to activities carried on by or on behalf of the Crown, and |
| (b) | is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act. |
| (3) | No contravention of any provision made by or under Chapter 2 or 3 or this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention. |
| (4) | The provisions of Chapters 2 and 3 and this Chapter apply to persons in the public service of the Crown as they apply to other persons. |
| (5) | If the Secretary of State certifies that it appears to the Secretary of State requisite or expedient in the interests of national security that the powers of entry and inspection conferred by sections 58 and 59— |
| (a) | should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or |
| (b) | should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate, |
| | those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable in relation to those premises except in those circumstances." |
| Page 145, line 1, at end insert— |
| | "Local Government and Public Involvement in Health Act 2007 (c. 28) |
| | In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert— |
| "(ca) | the Care Quality Commission;"." |
|
