Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill


 
 

26

 

Clause 182

197

Page 181, line 13, leave out “or the Public Service Ombudsman for Wales” and

 

insert “;

 

(ca)    

a complaint to the Public Services Ombudsman for Wales which

 

relates to a Welsh health body;”

198

Page 181, line 14, at end insert—

 

“( )    

a complaint under section 73C(1) of the National Health Service Act

 

2006;

 

( )    

a complaint to a Local Commissioner under Part 3 of the Local

 

Government Act 1974 about a matter which could be the subject of

 

a complaint under section 73C(1) of the National Health Service Act

 

2006; or”

199

Page 181, line 29, leave out subsection (5)

200

Page 181, line 36, leave out “or” and insert “the arrangements or arrangements

 

made”

201

Page 181, line 41, leave out from “to” to end of line 44 and insert “—

 

(a)    

a person providing services under arrangements under this

 

section;

 

(b)    

a person arranging for the provision of services in

 

pursuance of arrangements under this section;

 

(c)    

a person providing services under arrangements made in

 

pursuance of arrangements under this section.”

202

Page 181, line 45, leave out subsection (8)

203

Page 182, line 2, leave out “or in pursuance of arrangements under this section”

 

and insert “arrangements under this section or arrangements made in pursuance

 

of the arrangements”

204

Page 182, line 26, at end insert—

 

““Welsh health body” means—

 

(a)    

a Local Health Board,

 

(b)    

an NHS trust managing a hospital or other

 

establishment or facility in Wales,

 

(c)    

a Special Health Authority not discharging

 

functions only or mainly in England,

 

(d)    

an independent provider in Wales (within the

 

meaning of the Public Services Ombudsman (Wales)

 

Act 2005),

 

(e)    

a family health service provider in Wales (within the

 

meaning of that Act), or

 

(f)    

a person with functions conferred under section

 

113(2) of the Health and Social Care (Community

 

Health and Standards) Act 2003.”

Clause 183

205

Page 182, line 42, after “organisation” insert “or a Local Healthwatch contractor”

206

Page 183, line 1, leave out “or in pursuance of”

207

Page 183, leave out lines 4 and 5 and insert—


 
 

27

 
 

“(b)    

in compliance with a requirement imposed by virtue of

 

section 223(2)(i).”

208

Page 183, line 5, at end insert—

 

“(3A)    

For the purposes of subsection (1), something is done by a Local

 

Healthwatch contractor if it is done by that contractor in the

 

carrying-on, under Local Healthwatch arrangements, of activities

 

specified in section 221(2).”

209

Page 183, line 5, at end insert—

 

“( )    

After subsection (4) insert—

 

“(5)    

In this section—

 

“Local Healthwatch arrangements” has the meaning given by

 

section 222;

 

“Local Healthwatch contractor” has the meaning given by

 

section 223.””

210

Page 183, line 7, after “organisations” insert “or contractors”

211

Page 183, line 11, after “organisation” insert “or a Local Healthwatch contractor”

212

Page 183, line 12, leave out subsection (7) and insert—

 

“(7)    

In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local

 

Healthwatch arrangements”.”

213

Page 183, line 13, at end insert—

 

“( )    

After subsection (5) insert—

 

“(5A)    

In this section—

 

“Local Healthwatch arrangements” has the meaning given by

 

section 222;

 

“Local Healthwatch contractor” has the meaning given by

 

section 223.””

214

Page 183, line 16, after “organisations” insert “or contractors”

215

Page 183, line 19, after “organisation” insert “or a Local Healthwatch contractor”

216

Page 183, line 23, leave out “or in pursuance of”

217

Page 183, line 24, after “221(2).” insert—

 

“(7A)    

For the purposes of this section, something is done by a Local

 

Healthwatch contractor if it is done by that contractor in the

 

carrying-on, under Local Healthwatch arrangements, of activities

 

specified in section 221(2).”

218

Page 183, line 24, at end insert—

 

“( )    

In subsection (8), before the definition of “overview and scrutiny

 

committee” insert—

 

““Local Healthwatch arrangements” has the meaning given by

 

section 222;

 

“Local Healthwatch contractor” has the meaning given by

 

section 223;”.”


 
 

28

 

Clause 184

219

Leave out Clause 184

Clause 185

220

Page 184, line 29, leave out subsection (2) and insert—

 

“(2)    

In subsection (2), omit “by a local authority with another person (“H”)”.”

221

Page 184, line 33, leave out sub-paragraph (i)

222

Page 184, line 35, leave out sub-paragraph (ii) and insert—

 

“(ii)    

omit “, for each local involvement network,”,”

223

Page 184, line 37, leave out sub-paragraph (iii) and insert—

 

“(iii)    

for “the network”, in the first place it appears, substitute

 

“the Local Healthwatch organisation”,

 

(iiia)    

for “the network”, in the second place it appears, substitute

 

“the organisation”,”

224

Page 184, line 39, leave out “or (as the case may be)” and insert “the arrangements

 

or arrangements made”

225

Page 184, line 40, leave out paragraph (b)

226

Page 184, line 41, leave out paragraph (c) and insert—

 

“(c)    

omit sub-paragraph (ii),”

227

Page 185, line 3, leave out subsection (4)

228

Page 185, line 13, leave out “or H in respect of the organisation” and insert “in its

 

capacity as such, and the amounts spent by its Local Healthwatch contractors in

 

their capacity as such,”

229

Page 185, line 31, leave out “or” and insert “the arrangements made under section

 

221(1) or arrangements made”

230

Page 185, line 33, at end insert—

 

“( )    

In subsection (9), after the definition of “financial year” insert—

 

““Local Healthwatch contractor” has the meaning given by

 

section 223;”.”

Clause 186

231

Page 185, line 43, leave out from “the” to end of line 45 and insert “Local

 

Healthwatch organisation for the authority’s area.”

232

Page 186, line 1, leave out subsection (3) and insert—

 

“(3)    

A scheme under this section may make provision for rights and liabilities

 

relating to an individual’s contract of employment; and the scheme may, in

 

particular, make provision which is the same as or similar to provision in

 

the Transfer of Undertakings (Protection of Employment) Regulations 2006

 

(S.I. 2006/246).

 

(3A)    

A scheme under this section may provide for the transfer of property,

 

rights or liabilities—


 
 

29

 
 

(a)    

whether or not they would otherwise be capable of being

 

transferred;

 

(b)    

irrespective of any requirement for consent that would otherwise

 

apply.

 

(3B)    

A scheme under this section may create rights, or impose liabilities, in

 

relation to property, rights or liabilities transferred.

 

(3C)    

A scheme under this section may provide for things done by or in relation

 

to the transferor for the purposes of or in connection with anything

 

transferred to be—

 

(a)    

treated as done by or in relation to the transferee or its employees;

 

(b)    

continued by or in relation to the transferee or its employees.

 

(3D)    

A scheme under this section may in particular make provision about

 

continuation of legal proceedings.”

233

Page 186, line 8, at end insert—

 

“( )    

A scheme under this section may include supplementary, incidental and

 

consequential provision.”

After Clause 186

234

Insert the following new Clause—

 

“Consequential provision

 

(1)    

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

 

after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—

 

“(bl)    

Local Healthwatch organisations, as regards the carrying

 

on of activities specified in section 221(1) of the Local

 

Government and Public Involvement in Health Act 2007

 

(local care services);”.

 

(2)    

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975,

 

at the appropriate place insert—

 

“Director of a Local Healthwatch organisation.”

 

(3)    

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification

 

Act 1975, at the appropriate place insert—

 

“Director of a Local Healthwatch organisation.”

 

(4)    

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local

 

government), after paragraph 35D insert—

 

“35E      

A Local Healthwatch organisation, in respect of information held

 

in connection with—

 

(a)    

arrangements made under section 221(1) of the Local

 

Government and Public Involvement in Health Act 2007,

 

or

 

(b)    

arrangements made in pursuance of arrangements made

 

under section 221(1) of that Act.”

 

(5)    

In section 65H of the National Health Service Act 2006 (NHS foundation

 

trust special administration provisions: consultation requirements), in

 

subsection (8), for subsection (e) substitute—

 

“(e)    

a Local Healthwatch organisation;”.


 
 

30

 
 

(6)    

In section 4 of the Health and Social Care Act 2008 (matters to which the

 

Care Quality Commission must have regard)—

 

(a)    

in subsection (1)(c)—

 

(i)    

for “local involvement networks” substitute “Local

 

Healthwatch organisations or Local Healthwatch

 

contractors”, and

 

(ii)    

omit “in their areas”;

 

(b)    

for subsection (3) substitute—

 

“(3)    

In subsection (1)(c), “Local Healthwatch contractor” has the

 

meaning given by section 223 of the Local Government and

 

Public Involvement in Health Act 2007.””

Clause 187

235

Page 188, line 15, at end insert—

 

“( )    

In subsection (5), for “this section, section 245 and section 246” substitute

 

“this section and section 245”.”

Clause 188

236

Page 188, line 46, at end insert—

 

“( )    

In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant

 

functions of the committee” substitute “relevant functions exercisable by

 

the committee”.”

237

Page 189, line 25, at end insert “and

 

(b)    

omit the words from “and as if” to the end of the subsection.”

238

Page 189, line 31, at end insert—

 

“(12A)    

Omit section 247A (application to local authorities without overview and

 

scrutiny committees).”

239

Page 189, line 32, leave out from “(2)” to “of” in line 33 and insert “, (6), (10), (12)(a)

 

and (12A), paragraphs 75(2), 76, 77(2) and (5)(a) and 78”

Clause 193

240

Page 194, line 17, leave out “other functions of the authority” and insert “functions

 

that are exercisable by the authority”

Clause 212

241

Page 211, line 32, leave out “, after sub-paragraph (c) insert—” and insert “—

 

(a)    

omit the “or” preceding paragraph (c), and

 

(b)    

after that paragraph insert “; or”

Clause 231

242

Page 233, line 10, at end insert “or section 117 of the Mental Health Act 1983 (after-

 

care)”


 
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Revised 20 March 2012