Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 2

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 2, line 12, after “service” insert “by providing services or making arrangements for others to provide services”

 

Page 2, line 12, leave out “with a view to securing” and insert “to secure”

 

Page 2, line 18, leave out from “must” to “continuous” and insert “either provide services that ensure, or make arrangements to ensure”

LORD PATEL

 

Page 2, line 19, after “the” insert “health”

 

Page 2, line 27, after “the” insert “clinical”

Clause 3

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 2, line 33, leave out from “must” to “reduce” and insert “seek to”

 

Page 2, line 35, at end insert “, and to reduce inequalities between persons with respect to their ability to access health services and the outcomes achieved for them by the provision of those services”

 

Page 2, line 35, at end insert—

“( ) For the purpose of this Act where any duties placed on either commissioners or regulators of services conflict with any other duty then the duty to reduce inequalities shall prevail.”

 

Page 2, line 35, at end insert—

“( ) In fulfilling this duty the Secretary of State must ensure the publication of comprehensive, publicly available evidence about the extent to which inequalities have been reduced throughout the NHS.”

Clause 4

LORD PATEL

 

Page 3, line 9, leave out “in the manner it considers most appropriate” and insert “in the interests of the health service”

Clause 6

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 3, line 27, leave out subsections (2) and (3) and insert—

“( ) The Board has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act and subject to any directions issued by the Secretary of State under section 13Z1 (Failure by the Board to discharge any of its functions).

( ) The Board must exercise the functions conferred on it by this Act in relation to clinical commissioning groups so as to secure that services are provided for those purposes in accordance with this Act.”

Schedule 1

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 274, line 24, at end insert—

“( ) The Secretary of State must ensure that a majority of the non-executive members of the Board appointed under subsection (1)(b) have relevant experience of either working in the NHS or serving on an NHS body.”

 

Page 274, leave out paragraph (2)

 

Page 274, line 33, at end insert—

“( ) The Secretary of State must make regulations about the posts held by the executive members (other than the Chief Executive) of the Board, in particular that at least one executive director must be a—

(a) registered doctor,

(b) registered nurse,

(c) qualified accountant,

(d) person nominated by Health Watch England.”

 

Page 276, line 34, at end insert—

“( ) The total number of staff employed by the Board shall not exceed 500.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

 

Page 277, line 40, at end insert—

“( ) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (Bodies to which that Act Applies), in paragraph 1 at end insert—

“( ) the NHS Commissioning Board””

 

Page 277, line 40, at end insert—

“( ) The Board must hold an annual meeting which is—

(a) open to members of the public, and

(b) attended by a majority of the Board of Directors who must present the following documents—

(i) the annual accounts,

(ii) any audit of the accounts,

(iii) the annual report.”

Clause 8

LORD ROOKER

 

Page 4, line 38, at end insert—

“( ) The Secretary of State shall appoint a Chief Environmental Health Officer for England.

( ) The Chief Environmental Health Officer shall give advice to and report to the Chief Medical Officer for England on all such aspects of environmental and public health as are relevant to the public health functions referred to in this section and the duties referred to in section 2B of this Act.

( ) The Secretary of State shall report to Parliament annually on the work of the Chief Environmental Health Officer for England.”

Clause 9

LORD PATEL

 

Page 5, line 32, at end insert—

“(h) promoting research, and acting on research evidence, as to the causes of ill health”

Clause 19

LORD PATEL

 

Page 15, line 7, at end insert “on his or her behalf”

Clause 20

LORD PATEL

 

Page 16, leave out lines 27 and 28 and insert—

“(b) Healthwatch England, and”

 

Page 17, line 9, at end insert “, and

(c) consult Healthwatch England.”

 

Page 17, line 26, at end insert “in delivering better outcomes for patients,”

 

Page 17, line 33, after “the” insert “clinical”

 

Page 18, line 9, leave out “promote” and insert “secure”

 

Page 18, line 21, at end insert—

“(2) In its annual report, the Board must report on the advice it has obtained under this section.”

LORD WILLIS OF KNARESBOROUGH

LORD PATEL

 

Page 18, line 37, at end insert—

“13L Duty in respect of research

The Board must, in the exercise of its functions, have regard to the need to promote—

(a) research on matters relevant to the health service, and

(b) the use in the health service of evidence obtained from research.”

LORD PATEL

 

Page 18, line 40, leave out “an” and insert “a clinically”

LORD ROOKER

 

Page 20, line 1, at end insert—

“( ) The Board may take specific action to support the development of the voluntary sector, social enterprises, co-operatives and mutuals as it considers appropriate.”

BARONESS EMERTON

LORD PATEL

 

Page 20, line 2, at end insert—

“13 O 1 Duty as to mandated staffing ratios and levels

(1) The Board shall, in the exercise of its functions, mandate for health services, and may subject to regulations mandate for other services, the ratio of registered nurses to registered and non-registered health care support workers required at any given time by reference to any appropriate register established for workers in those services.

(2) The Board must publish a list of appropriate registers for the purposes of subsection (1).

(3) The Board must, in exercise of its functions, mandate for health services on the maximum number of patients per registered nurse.

(4) For the purposes of subsection (1) a health care support worker shall be an individual whose work is routinely delegated to them by a registered nurse or midwife or has a qualification in health and social care at level one (or higher) of the Qualifications and Credit Framework in England.”

LORD PATEL

 

Page 20, line 8, leave out from “involved” to end of line 9

 

Page 20, line 29, leave out “such persons as the Board considers appropriate” and insert—

“(a) the Care Quality Commission;

(b) Monitor;

(c) all clinical commissioning groups;

(d) Healthwatch England; and

(e) Health and Wellbeing Boards.”

 

Page 20, leave out lines 34 to 36

 

Page 22, leave out line 40

Clause 23

LORD PATEL

 

Page 36, line 6, after “the” insert “clinical”

 

Page 36, line 11, after first “the” insert “clinical”

 

Page 36, line 33, leave out “promote” and insert “pay regard to”

 

Page 38, leave out lines 12 and 13 and insert “consulted—”

LORD WILLIS OF KNARESBOROUGH

BARONESS MORGAN OF DREFELIN

LORD PATEL

LORD TURNBERG

 

Page 41, line 41, after “14Q” insert “, 14X”

 

Page 44, line 24, after “14V” insert “, 14X”

LORD PATEL

 

Page 44, line 33, at end insert—

“( ) The Board must also consult providers of health and social care.”

 

Page 52, line 34, after “the” insert “health”

Clause 24

LORD PATEL

 

Page 53, line 7, leave out from “spent” to end of line 9 and insert “to improve health outcomes”

Clause 27

LORD PATEL

 

Page 55, line 34, after “individual” insert “with appropriate professional qualifications”

After Clause 42

BARONESS MURPHY

 

Insert the following new Clause—

“Section 141 of the Mental Health Act 1983 (members of Parliament suffering from mental illness) is repealed”

Clause 49

LORD PATEL

 

Page 83, line 12, at end insert—

“(g) Healthwatch England”

 

Page 83, line 13, leave out “may” and insert “must”

Clause 71

LORD PATEL

 

Page 95, line 41, after “treatment” insert “including integrated healthcare”

Clause 82

LORD PATEL

 

Page 102, line 31, leave out “its Healthwatch England Committee” and insert—

“( ) Healthwatch England”

Clause 83

LORD PATEL

 

Page 103, line 33, leave out “its Healthwatch England Committee” and insert—

“( ) Healthwatch England”

Clause 93

LORD PATEL

 

Page 107, line 15, leave out “its Healthwatch England committee” and insert—

“( ) Healthwatch England”

Clause 94

LORD PATEL

 

Page 107, line 36, leave out “its Healthwatch England committee” and insert—

“( ) Healthwatch England”

Clause 95

LORD PATEL

 

Page 108, line 22, after second “of” insert “integrated”

Clause 98

LORD PATEL

 

Page 111, line 4, leave out “its Healthwatch England Committee” and insert “Healthwatch England”

Clause 114

LORD PATEL

 

Page 122, line 19, at end insert—

“( ) that the national tariff reflects patient care pathways”

 

Page 122, line 25, after “vary” insert “provided that this does not affect patient outcomes”

Clause 115

LORD PATEL

 

Page 123, line 41, at end insert—

“(d) specifying it by reference to clinical and social care pathways.”

 

Page 124, line 4, at end insert—

“( ) if it is specified in accordance with subsection 910 (d), specify a national price for the health and social care in its entirety.”

Clause 156

LORD PATEL

 

Page 154, line 19, after “the” insert “national”

Clause 178

LORD PATEL

 

Page 175, line 17, leave out subsections (2) and (3) and insert—

“( ) Healthwatch England to be appointed in accordance with regulations made by the Secretary of State.”

After Clause 205

BARONESS EMERTON

LORD PATEL

 

Insert the following new Clause—

“Power to regulate health care support workers in England

(1) The Nursing and Midwifery Order 2001 (S.I. 2002/253) shall be amended to provide that all health care support workers in England shall be registered by the Nursing and Midwifery Council and regulated in accordance with the terms of that order.

(2) For the purposes of subsection (1), a health care support worker shall be an individual whose work is routinely delegated to them by a registered nurse or midwife or has a qualification in health and social care at level one (or higher) of the Qualifications and Credit Framework, in England.”

Clause 225

BARONESS EMERTON

LORD PATEL

 

Page 226, line 42, at end insert—

“(c) to which section 205A(2) does not apply”

Prepared 18th October 2011