Session 2010 - 12
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Lords Amendments to the Health and Social Care Bill


 
 

20

 
 

“( )    

a copy of any information published under section 65D,”

163

Page 173, line 37, at end insert—

 

“( )    

a copy of any statement provided under section 65F,”

164

Page 173, line 38, after “65F,” insert “65G,”

165

Page 173, line 39, after “65KB” insert “, 65KC”

166

Page 173, line 40, after “statement” insert “published or provided”

167

Page 173, line 42, at end insert “or 65KC”

Clause 178

168

Page 175, leave out lines 26 to 29

169

Page 175, line 30, leave out subsection (3) and insert—

 

“(3)    

After sub-paragraph (5) insert—

 

“(5A)  

Regulations under sub-paragraph (1A) must make provision

 

requiring a person who has power to appoint a member of the

 

Healthwatch England committee to secure that a majority of the

 

members of the committee are not members of the Commission.

 

    (5B)  

Regulations under sub-paragraph (1A) may specify other results

 

which a person who has power to appoint a member of the

 

committee must secure.

 

    (5C)  

Regulations under sub-paragraph (1A) may, in particular, make

 

provision as to—

 

(a)    

eligibility for appointment;

 

(b)    

procedures for selecting or proposing persons for

 

appointment.

 

    (5D)  

Regulations under sub-paragraph (1A) may, in particular, make

 

provision as to—

 

(a)    

the removal or suspension of members of the committee;

 

(b)    

the payment of remuneration and allowances to

 

members.””

170

Page 175, line 34, leave out “Advice given by Healthwatch England” and insert

 

Healthwatch England and Local Healthwatch organisations

171

Page 175, line 36, after “(2)” insert “, (2A), (2B)”

172

Page 176, line 2, leave out “advice on” and insert “general advice”

173

Page 176, line 3, leave out “or in pursuance of”

174

Page 176, line 5, at end insert—

 

“(aa)    

the making of arrangements in pursuance of arrangements

 

made under section 221(1) of that Act (see section 222(2B) of

 

that Act);”

175

Page 176, line 6, leave out “by the organisations”

176

Page 176, line 7, at end insert—


 
 

21

 
 

“(2A)    

The function in this subsection is a power to make recommendations of a

 

general nature to English local authorities about the making of

 

arrangements under section 221(1) of that Act.

 

(2B)    

The function in this subsection is a power, where the Healthwatch England

 

committee is of the opinion that the activities specified in section 221(2) of

 

that Act are not being carried on properly in an English local authority’s

 

area, to give the authority concerned written notice of its opinion.”

177

Page 176, line 35, at end insert—

 

“45AA

 Conflicts of interest

 

(1)    

In making arrangements under section 45A(1), the Commission

 

must have regard to any conflicts guidance issued by the Secretary

 

of State.

 

(2)    

In exercising functions on behalf of the Commission, the

 

Healthwatch England committee must have regard to any conflicts

 

guidance issued by the Secretary of State.

 

(3)    

In this section, “conflicts guidance” means guidance about

 

managing conflicts between—

 

(a)    

the exercise of functions by the Commission, and

 

(b)    

the exercise of functions by the Healthwatch England

 

committee on the Commission’s behalf.”

178

Page 176, line 47, at end insert “and to every Local Healthwatch organisation”

179

Page 177, line 2, at end insert—

 

“(3A)    

Where a recommendation is made to the committee under section

 

221(2)(ga) of the Local Government and Public Involvement in

 

Health Act 2007 (reports under subsection (3)), the committee must

 

have regard to the recommendation.”

180

Page 178, line 5, leave out subsection (14) and insert—

 

“(14)    

The Healthwatch England committee is to be treated for the purposes of

 

section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a

 

body that includes all the members of the Care Quality Commission.”

Clause 179

181

Leave out Clause 179

Clause 180

182

Page 179, line 15, after “(2)” insert “—

 

(a)    

in each of paragraphs (a) to (c), before “people” insert “local”, and

 

(b)    

183

Page 179, line 28, after “Commission);” insert—

 

“(ga)    

making recommendations to that committee to publish

 

reports under section 45B(3) of the Health and Social Care

 

Act 2008 about particular matters;”

184

Page 179, line 37, at end insert—

 

“( )    

After subsection (3A) insert—


 
 

22

 
 

“(3B)    

Each local authority must ensure that only one set of arrangements

 

under subsection (1) in relation to its area is in force at any one

 

time.””

185

Page 179, line 37, at end insert—

 

“( )    

In subsection (6), after the definition of “local care services” insert—

 

““local people”, in relation to a local authority, means—

 

(a)    

people who live in the local authority’s area,

 

(b)    

people to whom care services are being or may be

 

provided in that area,

 

(c)    

people from that area to whom care services are

 

being provided in any place, and

 

(d)    

people who are (taken together) representative of

 

the people mentioned in paragraphs (a) to (c);”.”

186

Page 179, line 38, leave out subsection (7) and insert—

 

“(7)    

In the title to section 221, omit “: local involvement networks.”

187

Page 179, line 39, at end insert—

 

“( )    

For the cross-heading preceding that section substitute “Local

 

arrangements”.”

188

Page 179, line 39, at end insert—

 

“( )    

After section 45B of the Health and Social Care Act 2008 (inserted by

 

section 178(4)), insert—

 

“45C  

Granting licence to use trade mark

 

(1)    

The Commission may grant a Local Healthwatch organisation a

 

licence authorising the use, in relation to the carrying on of

 

activities under arrangements made under section 221(1) of the

 

Local Government and Public Involvement in Health Act 2007, of a

 

registered trade mark of which the Commission is the proprietor.

 

(2)    

A licence under this section may not provide for the grant of a sub-

 

licence by the licensee other than a sub-licence authorising the use

 

of the mark by a Local Healthwatch contractor in relation to the

 

carrying on of Local Healthwatch arrangements.

 

(3)    

In this section—

 

“Local Healthwatch arrangements” has the meaning given by

 

section 222 of the Local Government and Public

 

Involvement in Health Act 2007,

 

“Local Healthwatch contractor” has the meaning given by

 

section 223 of that Act, and

 

“registered trade mark” and “use” have the same meaning as

 

in the Trade Marks Act 1994.””

Clause 181

189

Page 180, leave out lines 2 to 4 and insert—

 

“(2)    

The arrangements must be made with a body corporate which—

 

(a)    

is a social enterprise, and


 
 

23

 
 

(b)    

satisfies such criteria as may be prescribed by regulations

 

made by the Secretary of State.

 

(2A)    

For so long as the arrangements are in force, the body with which

 

they are made—

 

(a)    

has the function of carrying on in A’s area the activities

 

specified in section 221(2), and

 

(b)    

is to be known as the “Local Healthwatch organisation” for

 

A’s area.

 

(2B)    

But the arrangements may authorise the Local Healthwatch

 

organisation to make, in pursuance of those arrangements,

 

arrangements (“Local Healthwatch arrangements”) with a person

 

(other than A) for that person—

 

(a)    

to assist the organisation in carrying on in A’s area some or

 

all of the activities, or

 

(b)    

(subject to provision made under section 223(2)(e)) to carry

 

on in A’s area some (but not all) of the activities on the

 

organisation’s behalf.””

190

Page 180, line 5, leave out subsection (3) and insert—

 

“(3)    

In subsection (3), for the words from the beginning to “who is not”

 

substitute “None of the following is capable of being a Local Healthwatch

 

organisation”.”

191

Page 180, line 7, leave out subsection (4) and insert—

 

“(4)    

For subsection (4) substitute—

 

“(4)    

The arrangements must secure the result that Local Healthwatch

 

arrangements will not be made with a body of a description

 

specified in subsection (3) or with the National Health Service

 

Commissioning Board.””

192

Page 180, line 19, leave out subsection (7) and insert—

 

“(7)    

For subsection (8) substitute—

 

“(8)    

For the purposes of this section, a body is a social enterprise if—

 

(a)    

a person might reasonably consider that it acts for the

 

benefit of the community in England, and

 

(b)    

it satisfies such criteria as may be prescribed by regulations

 

made by the Secretary of State.

 

(9)    

Regulations made by the Secretary of State may provide that

 

activities of a prescribed description are to be treated as being, or as

 

not being, activities which a person might reasonably consider to be

 

activities carried on for the benefit of the community in England.

 

(10)    

In subsections (8) and (9), “community” includes a section of the

 

community; and regulations made by the Secretary of State may

 

make provision about what does, does not or may constitute a

 

section of the community.””

193

Page 180, line 19, at end insert—

 

“( )    

For the title to section 222 substitute “Local Healthwatch organisations.”

194

Page 180, line 19, at end insert—


 
 

24

 
 

“( )    

After section 222 insert—

 

“222A

 Local authority arrangements: conflicts of interest

 

(1)    

In making arrangements under section 221(1), a local authority

 

must have regard to any conflicts guidance issued by the Secretary

 

of State.

 

(2)    

Arrangements under section 221(1) must require the Local

 

Healthwatch organisation, in exercising its function of carrying on

 

the activities specified in section 221(2) or in making Local

 

Healthwatch arrangements, to have regard to any conflicts

 

guidance issued by the Secretary of State.

 

(3)    

In this section, “conflicts guidance” means guidance about

 

managing conflicts between—

 

(a)    

the making of arrangements under section 221(1), and

 

(b)    

the carrying-on of the activities specified in section 221(2).

 

(4)    

In this section, “Local Healthwatch arrangements” has the meaning

 

given by section 222.””

195

Page 180, line 20, leave out subsections (8) to (11)

After Clause 181

196

Insert the following new Clause—

 

“Local arrangements: power to make further provision

 

(1)    

Section 223 of the Local Government and Public Involvement in Health Act

 

2007 (power to make further provision about local authority arrangements)

 

is amended as follows.

 

(2)    

In subsection (1), for “require prescribed provision to be included in local

 

involvement network arrangements” substitute “include prescribed

 

provision”.

 

(3)    

After that subsection insert—

 

“(1A)    

The Secretary of State may make regulations which provide that

 

local authority arrangements must require Local Healthwatch

 

arrangements to include prescribed provision.”

 

(4)    

In subsection (2)—

 

(a)    

for “must require local involvement network arrangements to

 

include” substitute “must include or (as the case may be) must

 

require Local Healthwatch arrangements to include”,

 

(b)    

in paragraphs (a), (c) and (d), for “a local involvement network”

 

substitute “a Local Healthwatch organisation or a Local

 

Healthwatch contractor”, and

 

(c)    

after paragraph (d) insert “;

 

(e)    

prescribed provision relating to the activities which

 

a Local Healthwatch contractor may not carry on on

 

a Local Healthwatch organisation’s behalf;

 

(f)    

prescribed provision relating to the obtaining by a

 

Local Healthwatch organisation of a licence under

 

section 45C of the Health and Social Care Act 2008


 
 

25

 
 

and the grant by the organisation to a Local

 

Healthwatch contractor of a sub-licence;

 

(g)    

prescribed provision relating to the use by a Local

 

Healthwatch organisation or a Local Healthwatch

 

contractor of the trade mark to which a licence under

 

that section relates;

 

(h)    

prescribed provision relating to the infringement of

 

the trade mark to which a licence under that section

 

relates;

 

(i)    

prescribed provision relating to the imposition of a

 

requirement on a Local Healthwatch organisation to

 

act with a view to securing that its Local

 

Healthwatch contractors (taken together) are

 

representative of—

 

(i)    

people who live in the local authority’s area,

 

(ii)    

people to whom care services are being or

 

may be provided in that area, and

 

(iii)    

people from that area to whom care services

 

are being provided in any place.”

 

(5)    

After subsection (2) insert—

 

“(2A)    

The provision which may be prescribed in relation to a Local

 

Healthwatch contractor includes provision that relates to the

 

contractor—

 

(a)    

only in so far as it assists the Local Healthwatch

 

organisation in the carrying on of activities specified in

 

section 221(2);

 

(b)    

only in so far as it carries on such activities on the

 

organisation’s behalf.

 

(2B)    

Regulations under this section may make provision which applies

 

to all descriptions of Local Healthwatch contractor, which applies

 

to all those descriptions subject to specified exceptions or which

 

applies only to such of those descriptions as are prescribed.”

 

(6)    

In subsection (3)—

 

(a)    

before the definition of “a local involvement network” insert—

 

““care services” has the meaning given by section

 

221;”,

 

(b)    

omit the definition of “a local involvement network”,

 

(c)    

for the definition of “local involvement network arrangements”

 

substitute—

 

““Local Healthwatch arrangements” has the meaning

 

given by section 222;”,

 

(d)    

after that definition insert—

 

““Local Healthwatch contractor”, in relation to a Local

 

Healthwatch organisation, means a person with

 

whom the organisation makes Local Healthwatch

 

arrangements;”, and

 

(e)    

after the definition of “prescribed provision” insert “;

 

“trade mark”, and “use” and “infringement” in relation

 

to a trade mark, each have the same meaning as in

 

the Trade Marks Act 1994.””


 
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