Session 2010-12
Other Public Bills before Parliament
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Health and Social Care Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
Clause 1
BARONESS WILLIAMS OF CROSBY
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 2, line 2, leave out subsection (2) and insert—
“( ) The Secretary of State must for that purpose provide or secure the provision of services according to this Act.”
BARONESS THORNTON
LORD HUNT OF KINGS HEATH
BARONESS FINLAY OF LLANDAFF
Page 2, line 3, after “to” insert “provide or”
Page 2, line 7, at end insert—
“( ) The Secretary of State must maintain a system for professional education and training as part of the comprehensive health service.”
BARONESS THORNTON
LORD HUNT OF KINGS HEATH
Page 2, line 7, at end insert—
“( ) For the purposes of this Act “the health service in England” is defined as those services provided under section 3 of this Act.”
Clause 2
LORD ROOKER
Page 2, line 25, at end insert—
“( ) fairness of access for patients, and
( ) promotion of integrated care”
Clause 3
LORD ROOKER
Page 2, line 33, leave out “must have regard to the need” and insert “is required”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 2, line 33, leave out “have regard to the need” and insert “act with a view”
LORD PHILLIPS OF SUDBURY
BARONESS FINLAY OF LLANDAFF
Page 2, line 33, after “need” insert—
“(a)”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 2, line 33, leave out “reduce” and insert “reducing”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
Page 2, line 34, leave out from “England” to end of line 35
LORD ROOKER
Page 2, line 35, at end insert “but that he shall regard to the need to ensure that greater patient choice is not accorded a higher priority than tackling health inequalities”
LORD PHILLIPS OF SUDBURY
BARONESS FINLAY OF LLANDAFF
Page 2, line 35, at end insert—
“(b) to prevent inequalities in clinical treatment and health care developing in the health service as between NHS patients and private patients”
Clause 4
LORD ROOKER
Page 3, line 6, leave out “securing” and insert “ensuring”
Page 3, line 7, after “exercising” insert “a range of”
Page 3, line 11, leave out “unnecessary” and insert “disproportionate”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS THORNTON
The above-named Lords give notice of the intention to oppose the Question that Clause 4 stand part of the Bill.
Clause 5
LORD WILLIS OF KNARESBOROUGH
BARONESS MORGAN OF DREFELIN
Page 3, line 16, leave out “have regard to the need to”
Page 3, line 19, at end insert “, and
(c) research supported by the health service for the purpose of protecting the public in England from disease or other dangers to health.”
Clause 9
LORD ROOKER
Page 5, line 32, at end insert—
“( ) promote co-operation between each of the authority’s relevant partners”
Page 5, line 35, at end insert—
“( ) For the purposes of this section each of the following is a relevant partner of a local authority—
(a) where the authority is a county council for an area for which there is also a district council, the district council;
(b) the police authority and the chief officer of police for a police area any part of which falls within the area of the local authority;
(c) a local probation board for an area any part of which falls within the area of the local authority;
(d) a youth offending team for an area any part of which falls within the area of the local authority;
(e) a clinical commissioning group for an area any part of which falls within the area of the local authority.
( ) The relevant partners of a local authority must co-operate with the local authority in the making of arrangements under this section”
Clause 17
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
Page 12, line 32, leave out “Regulations may” and insert “The Secretary of State must draft regulations not less than annually, and shall submit them to the relevant committee of the House of Commons not less than two months before the regulations are to be laid before Parliament.
(1A) Such regulations shall”
Clause 20
BARONESS MASSEY OF DARWEN
Page 16, line 5, at end insert ”, and
“(c) objectives specified under paragraph (a) must include objectives relating to improvement of services for children.”
LORD WARNER
LORD PATEL
Page 17, line 14, at end insert—
“(4) In discharging its duty under this section the Board shall, after consultation with Monitor and the appropriate clinical commissioning group, advise the Secretary of State whether or not the NHS service configuration in a particular area is financially or clinically unsustainable within the mandate issued or proposed to be issued by the Secretary of State.
(5) Where the advice under subsection (1) is that the service configuration is unsustainable, Monitor shall appoint an independent panel of no more than six people with expertise in health and social care, to make recommendations within a specified timescale for the reconfiguration of services that would provide sustainable services for patients in the area affected.
(6) Recommendations from the Panel shall be subject to public consultation within a timescale specified by Monitor.
(7) Monitor shall, after consulting the National Commissioning Board, determine the service reconfiguration required to achieve clinical and financial sustainability of services unless the Secretary of State notified Parliament of his reasons for replacing those arrangements with alternative ways of achieving sustainable health services in the area.”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 17, leave out lines 35 to 42
Page 18, line 2, leave out “have regard to the need” and insert “act with a view”
Page 18, line 4, leave out “reduce” and insert “reducing”
Page 18, line 6, leave out “reduce” and insert “reducing”
BARONESS EMERTON
LORD PATEL
Page 20, line 1, at end insert—
“13 OI Duty as to staffing ratios of registered and non-registered staff
(1) The Board must, in the exercise of its functions, establish for health services, and may subject to regulations establish for other services, the ratio of registered to non-registered workers required at any given time by reference to any appropriate register established for workers in those areas.
(2) In the discharge of this duty the Board must publish a list of appropriate registers for the purpose of subsection (1).
(3) The Board must produce guidance to health services to assist in the maintenance of ratios for the purpose of subsection (1).
(4) The Board must also issue guidance on the maximum and minimum numbers of patients per registered nurse.”
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 23, line 34, leave out from “failing” to “, and” in line 35 and insert “to exercise its functions in a way that the Secretary of State considers to be in the best interest of the National Health Service”
Clause 23
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 36, line 26, leave out “have regard to the need” and insert “act with a view”
Page 36, line 27, leave out “reduce” and insert “reducing”
Page 36, line 29, leave out “reduce” and insert “reducing”
Page 36, line 35, at end insert “and must take steps to inform patients, their carers and their representatives of the right to be involved in such decisions”
Page 36, line 43, at end insert “and must take steps to inform patients, their carers and their representatives of the right to make such choices”
Schedule 4
LORD ROOKER
Page 317, line 27, at end insert—
“In Section 234(2)(1) for “Primary Care Trust” substitute “Clinical commissioning groups”.”
Page 317, line 27, at end insert—
“In Section 234(2)(1)(a) for “Primary Care Trust” substitute “Clinical commissioning groups”.”
Page 317, line 27, at end insert—
“In section 234(2)(2) for “Primary Care Trust” substitute “Clinical commissioning groups”.”
Clause 165
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 160, line 32, after first “of” insert—
“(a)”
Page 160, line 33, at end insert “; and
(b) the Secretary of State”
Clause 167
BARONESS WILLIAMS OF CROSBY
LORD MARKS OF HENLEY-ON-THAMES
LORD PATEL
BARONESS FINLAY OF LLANDAFF
Page 161, line 36, after first “of” insert—
“(a)”
Page 161, line 37, at end insert “; and
(b) the Secretary of State”
Clause 178
BARONESS MASSEY OF DARWEN
Page 176, line 10, after “people” insert “, including children,”
Page 176, line 11, after “public” insert “, including children,”
Clause 180
BARONESS MASSEY OF DARWEN
Page 179, line 14, at end insert—
“(1A) In subsection (2)(a), (b) and (c) after “people” insert “, including children,”
Clause 190
BARONESS MASSEY OF DARWEN
Page 191, line 25, leave out “may” and insert “must”
Clause 192
BARONESS MASSEY OF DARWEN
Page 193, line 37, leave out “may” and insert “must”
Page 193, line 40, leave out “may” and insert “must”