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House of Commons

Session 2013 - 14 Internet Publications Other Bills before Parliament

Care Bill [HL]

	6
Clause 118
COMMONS AMENDMENT 40
40	Page 102, line 19, at end insert—
	“(3A)     After subsection (7) of that section insert—
	“(8)     Where the administrator recommends taking action in relation to
	another NHS foundation trust or an NHS trust, the references in
	subsection (5) to a commissioner also include a reference to a person
	to which the other NHS foundation trust or the NHS trust provides
	services under this Act that would be affected by the action.”.”
	LORDS DISAGREEMENT AND AMENDMENTS IN LIEU
	The Lords disagree with the Commons in their Amendment 40, but do propose
	Amendments 40B to 40E in lieu—
40B	Page 102, line 19, at end insert—
	“(3A)     In subsection (5)(a) of that section, for “would achieve the objective set out
	in section 65DA(1)(a)” substitute “—
	(i)     would achieve the objective set out in section
	65DA(1)(a), and
	(ii)     would do so without harming essential services
	provided for the purposes of the NHS by any other
	NHS foundation trust or NHS trust that provides
	services under this Act to the commissioner,”.”
	(3B)     After subsection (7) of that section insert—
	“(8)     Where the administrator recommends taking action in relation to
	another NHS foundation trust or an NHS trust, the references in
	subsection (5) to a commissioner also include a reference to a person
	to which the other NHS foundation trust or the NHS trust provides
	services under this Act that would be affected by the action.
	(9)     A service provided by an NHS foundation trust or an NHS trust is
	an essential service for the purposes of subsection (5) if the person
	making the statement in question is satisfied that the criterion in
	section 65DA(3) is met.
	(10)     Section 65DA(4) applies to the person making the statement when
	that person is determining whether that criterion is met.”
40C	Page 102, line 21, at end insert—
	“(4A)     In subsection (4)(a) of that section, for “would achieve the objective set out
	in section 65DA(1)(a)” substitute “—
	(i)     would achieve the objective set out in section
	65DA(1)(a), and
	(ii)     would do so without harming essential services
	provided for the purposes of the NHS by any other
	NHS foundation trust or NHS trust that provides
	services under this Act to the commissioner,”.”
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40D	Page 102, line 27, at end insert—
	“(8)     A service provided by an NHS foundation trust or an NHS trust is
	an essential service for the purposes of subsection (4) if the person
	making the statement in question is satisfied that the criterion in
	section 65DA(3) is met.
	(9)     Section 65DA(4) applies to the person making the statement when
	that person is determining whether that criterion is met.””
40E	Page 103, line 25, leave out from beginning to end of line 26 and insert—
	““(2)   In subsection (4)(a)(ii) of that section, omit “or NHS
	trust”.
	(3)   In subsection (7) of that section, omit “or an NHS trust”
	and “or the NHS trust”.
	(4)   In subsection (8) of that section, omit “or an NHS trust”.”
	COMMONS AMENDMENT 42
42	Page 103, line 22, at end insert—
	“(ba)     in that paragraph, after sub-paragraph (7) insert—
	“(8)   Omit subsection (8).”.”
	LORDS DISAGREEMENT AND AMENDMENTS IN LIEU
	The Lords disagree with the Commons in their Amendment 42, but do propose
	Amendments 42B and 42C in lieu—
42B	Page 102, line 14, leave out subsection (3)
42C	Page 103, line 20, leave out paragraph (b) and insert—
	“(b)     in paragraph 15(4), in the new subsection (2A) to be inserted into
	section 65F of the National Health Service Act 2006, in paragraph
	(a), for “would achieve the objective set out in section 65DA(1)(a)”
	substitute “—
	(i)     would achieve the objective set out in section
	65DA(1)(a), and
	(ii)     would do so without harming essential
	services provided for the purposes of the
	NHS by any other NHS foundation trust that
	provides services under this Act to the
	commissioner,”,
	(ba)     in paragraph 15(4), after the new subsection (2C) to be inserted into
	that section, insert—
	“(2D)     Where the administrator recommends taking action in
	relation to another NHS foundation trust, the references in
	subsection (2A) to a commissioner also include a reference
	to a person to which the other NHS foundation trust
	provides services under this Act that would be affected by
	the action.
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	(2E)     A service provided by an NHS foundation trust is an
	essential service for the purposes of subsection (2A) if the
	person making the statement in question is satisfied that the
	criterion in section 65DA(3) is met.
	(2F)     Section 65DA(4) applies to the person making the statement
	when that person is determining whether that criterion is
	met.”,
	(bb)     in paragraph 15, after sub-paragraph (7) insert—
	“(8)   Omit subsections (8) to (10).”.”
Clause 121
COMMONS AMENDMENT 46
46	Page 105, line 6, at end insert—
	“(ia)     regulations under section (Part 1 appeals) which include provision
	that amends or repeals a provision of an Act of Parliament.”
	LORDS DISAGREEMENT AND AMENDMENTS IN LIEU
	The Lords disagree with the Commons in their Amendment 46, but do propose
	Amendments 46B to 46E in lieu—
46B	Page 105, line 6, at end insert—
	“(ia)     the first regulations under section (Part 1 appeals) (Part 1 appeals);
	(ib)     subsequent regulations under that section which include provision
	that amends or repeals a provision of an Act of Parliament, or
	provides for a provision of an Act of Parliament to apply with
	modifications;”
46C	Page 104, line 41, after “Parliament” insert “, or provides for a provision of an Act
	of Parliament to apply with modifications”
46D	Page 105, line 11, after “Parliament” insert “, or provides for a provision of an Act
	of Parliament to apply with modifications”
46E	Page 105, line 13, at end insert—
	“(4A)     Subsection (4) does not apply to a statutory instrument which contains
	regulations or an order within paragraph (e), (ib) or (l) of that subsection, if
	the regulations or order are within the paragraph in question only because
	they include provision that applies an Act of Parliament with modifications
	for the purpose of making saving, transitional or transitory provision.”