House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 6 September 2011
3086

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

Mr Secretary Lansley

1104

Page  412,  line  27  [Schedule  22],  leave out ‘commissioning consortia’ and insert

‘clinical commissioning groups’.

Mr Secretary Lansley

1105

Page  412,  line  33  [Schedule  22],  leave out ‘commissioning consortia’ and insert

‘clinical commissioning groups’.

Mr Secretary Lansley

1106

Page  412,  line  38  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1107

Page  414,  line  16  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1108

Page  414,  line  22  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1109

Page  414,  line  26  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1110

Page  414,  line  36  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1111

Page  414,  line  41  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1112

Page  415,  line  7  [Schedule  22],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Consideration of Bill: 6 September 2011
3087

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

Mr Secretary Lansley

1113

Page  416,  line  34  [Schedule  22],  leave out ‘commissioning consortia’ and insert

‘clinical commissioning groups’.

Mr Secretary Lansley

1114

Page  417,  line  10  [Schedule  23],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1115

Page  417,  line  29  [Schedule  23],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1116

Page  419,  line  7  [Schedule  24],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

1117

Page  419,  line  22  [Schedule  24],  leave out ‘commissioning consortium’ and insert

‘clinical commissioning group’.

Mr Secretary Lansley

403

Title,  line  2,  leave out ‘commissioning consortia’ and insert ‘clinical commissioning

groups’.

Consideration of Bill: 6 September 2011
3088

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

SECOND DAY

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—

“(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

Consideration of Bill: 6 September 2011
3089

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


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—

(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.”.’.

Consideration of Bill: 6 September 2011
3090

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

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).’.

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;

Consideration of Bill: 6 September 2011
3091

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

(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

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;

Consideration of Bill: 6 September 2011
3092

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

(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

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).’.



© Parliamentary copyright	Revised 6 September 2011