House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3161

House of Commons

Wednesday 7 September 2011

Consideration of Bill

Health and Social Care (Re-Committed) Bill, As Amended

Note

The Amendments have been arranged in accordance with the Order of the House

(6 September 2011).

New Clauses, new Schedules and Amendments relating to the provision of

information, advice or counselling about termination of pregnancy

Nadine Dorries

Stewart Jackson

Craig Whittaker

Mr Philip Hollobone

Mr Desmond Swayne

Charlie Elphicke

Total signatories: 25

1

Page  6,  line  8  [Clause  10],  at end insert—

‘(c)
after paragraph (f) insert a new paragraph as follows—

“(g)
independent information, advice and counselling

services for women requesting termination of pregnancy

to the extent that the clinical commissioning group

considers they will choose to use them.”.’.

Nadine Dorries

Stewart Jackson

Craig Whittaker

Mr Philip Hollobone

Mr Desmond Swayne

Charlie Elphicke

Total signatories: 25

2

Page  6,  line  8  [Clause  10],  at end insert—

‘(2A)
After subsection (1) insert a new subsection as follows—

Consideration of Bill: 7 September 2011
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Health and Social Care (Re-Committed) Bill, continued

“(1A)
In this section, information, advice and counselling is independent where

it is provided by either—

(i)
a private body that does not itself provide for the

termination of pregnancies; or

(ii)
a statutory body.”.’.

Mrs Mensch

1232

Page  6,  line  8  [Clause  10],  at end insert—

‘(c)
after paragraph (f) insert—

“(g)
timely counselling services for women requesting

termination of pregnancy, to include—

(i)
the option of counselling by a neutral

organisation, with the NHS considered the

preferred provider;

(ii)
the additional choice of referral to any British

Association for Counselling and Psychotherapy

registered service


to the extent that the clinical commissioning group

considers they will choose to use them.”’.

Mrs Mensch

1233

Page  6,  line  8  [Clause  10],  at end insert—

‘(2A)
After subsection (1) insert—

“(1A)
In this section , an organisation is neutral where it is neither faith-based

nor ideologically based and is not a private body which itself provides for

the termination of pregnancies. Timely refers to a timeframe set by the

commissioning authority, but which shall not unduly delay a woman’s

decision.”’.

Nadine Dorries

1221

Page  9,  line  37  [Clause  14],  at end insert—

‘( )
After paragraph 8 insert—

“Provision of independent information, advice and counselling services for

women requesting a termination of pregnancy

8A  (1)
A local authority must make available to women requesting

termination of pregnancy from any clinical commissioning group the

option of receiving independent information, advice and counselling.

      (2)
In this paragraph, information, advice and counselling are independent

where they are provided by either—

Consideration of Bill: 7 September 2011
3163

Health and Social Care (Re-Committed) Bill, continued

(a)
a private body that does not itself refer, provide or have any

financial interest in providing for the termination of

pregnancies; or

(b)
a statutory body.’.

Dr Julian Huppert

1252

Page  9,  line  37  [Clause  14],  at end insert—

‘( )
After paragraph 8 insert—

“Provision of advice relating to unplanned pregnancy

8A
The Secretary of State must ensure that all organisations offering

information or advice in relation to unplanned pregnancy choices must

follow current evidence-based guidance produced by a professional

medical organisation specified by the Secretary of State.”.’.

Dr Julian Huppert

Andrew George

1236

Page  17,  line  11  [Clause  20],  at end insert—

‘(5)
In discharging its duty under subsection (1) the Board must ensure that all

organisations offering information or advice in relation to unplanned pregnancy

choices must follow current evidence-based guidance produced by a professional

medical organisation specified by the Secretary of State.’.

Nadine Dorries

1180

Page  226,  line  31  [Clause  240],  at end insert—

‘(1)
Regulations must require NICE to make recommendations with regard to the care

of women seeking an induced termination of pregnancy, including the option of

receiving independent information, advice and counselling about the procedure,

its potential health implications and alternatives, including adoption.

(2)
The regulations must require health or social care bodies or any private body that

provides for the termination of pregnancies to comply with the recommendations

made by NICE under subsection (1).’.

Consideration of Bill: 7 September 2011
3164

Health and Social Care (Re-Committed) Bill, continued

Remaining New Clauses and New Schedules relating to, and remaining

amendments to, Parts 1, 2, and 5 to 12;

Remaining Proceedings on Consideration

Complaints about exercise of public health functions by local authorities

Mr Secretary Lansley

NC1

To move the following Clause:—

‘In Part 3 of the National Health Service Act 2006 (local authorities and the NHS)

after section 73B insert—

“73C
Complaints about exercise of public health functions by local

authorities

(1)
Regulations may make provision about the handling and consideration of

complaints made under the regulations about —

(a)
the exercise by a local authority of any of its public health

functions;

(b)
the exercise by a local authority of its functions by virtue of

section 6C;

(c)
anything done by a local authority in pursuance of arrangements

made under section 7A;

(d)
the exercise by a local authority of any of its other functions—

(i)
which relate to public health, and

(ii)
for which its director of public health has responsibility;

(e)
the provision of services by another person in pursuance of

arrangements made by a local authority in the exercise of any

function mentioned in paragraphs (a) to (d).

(2)
The regulations may provide for a complaint to be considered by one or

more of the following—

(a)
the local authority in respect of whose functions the complaint is

made;

(b)
an independent panel established under the regulations;

(c)
any other person or body.

(3)
The regulations may provide for a complaint or any matter raised by a

complaint—

(a)
to be referred to a Local Commissioner under Part 3 of the Local

Government Act 1974 for the Commissioner to consider whether

to investigate the complaint or matter under that Part;

(b)
to be referred to any other person or body for that person or body

to consider whether to take any action otherwise than under the

regulations.

(4)
Where the regulations make provision under subsection (3)(a) they may

also provide for the complaint to be treated as satisfying sections 26A and

26B of the Act of 1974.

(5)
Section 115 of the Health and Social Care (Community Health and

Standards) Act 2003 (health care and social services complaints

regulations: supplementary) applies in relation to regulations under this

Consideration of Bill: 7 September 2011
3165

Health and Social Care (Re-Committed) Bill, continued

section as it applies in relation to regulations under subsection (1) of

section 113 of that Act.

(6)
In this section, “local authority” has the same meaning as in section

2B.”’.

Other dissemination of information

Mr Secretary Lansley

NC7

To move the following Clause:—

‘(1)
The Information Centre may disseminate (other than by way of publication), to

any such persons and in such form and manner and at such times, as it considers

appropriate any information—

(a)
which it collects pursuant to a direction under section 257 or a request

under section 258, and

(b)
which falls within subsection (2).

(2)
Information falls within this subsection if—

(a)
the information is required to be published under section 262;

(b)
the information is in a form which identifies any relevant person to whom

the information relates or enables the identity of such a relevant person

to be ascertained and the Centre, after taking into account the public

interest as well as the interests of the relevant person, considers that it is

appropriate for the information to be disseminated;

(c)
the Centre is prohibited from publishing the information only by virtue

of it falling within section 262(2)(c) and the Centre considers it would be

in the public interest for the information to be disseminated;

(d)
the Centre is prohibited from publishing the information only by virtue

of a direction given under section 262(2)(d) and that direction provides

that the power in subsection (1) applies to the information.

(3)
A direction under section 262(2)(d) may require the Information Centre to

disseminate information which the Centre is prohibited from publishing only by

virtue of the direction.

(4)
A direction under section 257 may require, and a request under section 258 may

request, the Information Centre to exercise—

(a)
the power conferred by subsection (1) in relation to information which it

collects pursuant to the direction or request, or

(b)
any other power it has to disseminate such information under or by virtue

of any other provision of this or any other Act.

(5)
A direction under section 257 may require, and a request under section 258 may

request, the Information Centre not to exercise the power conferred by subsection

(1) in relation to information which it collects pursuant to the direction or request.

(6)
Nothing in this section prevents the Information Centre from disseminating

information (otherwise than by publishing it) pursuant to the exercise of any

function conferred by or under any other provision of this or any other Act.

(7)
A requirement imposed on, or a request made to, the Information Centre in

accordance with this section to disseminate information may include a

Consideration of Bill: 7 September 2011
3166

Health and Social Care (Re-Committed) Bill, continued

requirement or request about the persons to whom the information is to be

disseminated and the form, manner and timing of dissemination.’.

Subsequent property transfer schemes

Mr Secretary Lansley

NC8

To move the following Clause:—

‘(1)
This section applies in relation to any property, rights or liabilities which are

transferred under a property transfer scheme under section 299(2) from a Primary

Care Trust, a Strategic Health Authority or the Secretary of State to a Special

Health Authority or a qualifying company.

(2)
The Secretary of State may make a scheme for the transfer of any such property,

rights or liabilities from the Special Health Authority or the qualifying company

to any body or other person mentioned in the second column of Schedule 23.

(3)
Subsections (1) to (4) and (6) of section 300 apply in relation to a scheme under

subsection (2) as they apply in relation to a property transfer scheme under

section 299(2).’.

Commencement: consultation with Scottish Ministers

Mr Secretary Lansley

NC9

To move the following Clause:—

‘(1)
The Secretary of State must consult the Scottish Ministers before making an order

under section 304(4) relating to—

(a)
section 54 (radiation protection functions), so far as relating to the

Scottish Ministers,

(b)
section 56 (co-operation in relation to public health functions), so far as

relating to the exercise of functions in relation to Scotland by a person to

which the provision inserted by subsection (1) of that section applies,

(c)
section 226(4) (requirement for persons advised etc. by the Professional

Standards Authority for Health and Social Care to pay fee), so far as

relating to the Scottish Ministers,

(d)
section 227(1) (funding of the Professional Standards Authority for

Health and Social Care), so far as relating to a body that regulates a

profession in Scotland which does not fall within Section G2 of Part 2 of

Schedule 5 to the Scotland Act 1998 (health professions),

(e)
section 227(4) and (5) (power of the Professional Standards Authority for

Health and Social Care to borrow), so far as relating to functions of the

Professional Standards Authority for Health and Social Care which are

exercisable in relation to—

(i)
unregulated health professionals in Scotland, unregulated health

care workers in Scotland or relevant students in Scotland,

Consideration of Bill: 7 September 2011
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Health and Social Care (Re-Committed) Bill, continued

(ii)
a body that maintains a register of persons within sub-

paragraph (i),

(iii)
a profession in Scotland which does not fall within Section G2 of

Part 2 of Schedule 5 to the Scotland Act 1998, or

(iv)
a body that regulates a profession within sub-paragraph (iii),

(f)
section 228(1) (power of the Professional Standards Authority for Health

and Social Care to advise regulatory bodies etc.), so far as relating to a

body that regulates a profession in Scotland which does not fall within

Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects,

health professions and auditors),

(g)
section 229(8) (requirement for the Professional Standards Authority for

Health and Social Care to lay copy strategic reports before Parliament

etc.), so far as relating to the Scottish Parliament,

(h)
section 230 (appointments to regulatory bodies), so far as relating to—

(i)
the exercise of the appointment functions under subsection (8)(f)

of the provision inserted by that section, or

(ii)
subsection (4) of that provision,

(i)
section 231 (establishment of voluntary registers), so far as relating to the

establishment and maintenance of relevant registers,

(j)
section 232 (accreditation of voluntary registers), so far as relating to the

functions of the Professional Standards Authority for Health and Social

Care in relation to relevant registers,

(k)
Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care

Professions Council or the Professional Standards Authority for Health

and Social Care) and section 233(1) so far as relating to the Part in

question, and

(l)
paragraphs 1 to 4 of Schedule 22 (amendments of the National Health

Service (Scotland) Act 1978 relating to the relationships between the

health services) and section 296 so far as relating to those paragraphs.

(2)
In this section—

“relevant registers” means—

(a)
registers of unregulated health professionals in Scotland,

(b)
registers of unregulated health care workers in Scotland, or

(c)
registers of relevant students in Scotland,

“relevant students in Scotland” means persons participating in studies in

Scotland for the purpose of becoming—

(d)
an unregulated health professional,

(e)
an unregulated health care worker, or

(f)
a member of a profession which does not fall within Section G2

of Part 2 of Schedule 5 to the Scotland Act 1998,

“unregulated health professional” means a person who is or has been

practising as an unregulated health professional (within the meaning of

the provisions inserted by section 231) and “unregulated health

professional in Scotland” means a person who is or has been practising

as such in Scotland, and

“unregulated health care worker” means a person who is or has been

engaged in work as an unregulated health care worker (within the

meaning of those provisions) and “unregulated health care worker in



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