Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 2

LORD WARNER

LORD PATEL

BARONESS MURPHY

 

Page 2, line 28, at end insert—

“(5) In discharging the duty under sections 1 to 3, the Secretary of State shall, after appropriate consultation, make regulations governing the eligibility and assessment of individuals for adult social services on a consistent basis throughout England, including—

(a) portability of assessments between areas,

(b) the charging arrangements for services provided,

(c) the assessment of carers’ needs, and

(d) the integration of such assessments with those for continuing care under the NHS.

(6) Regulations made under subsection (6) shall be—

(a) made by statutory instrument subject to an affirmative resolution in both Houses of Parliament;

(b) be laid within 3 years of this Act being given Royal Assent; and

(c) kept under review.

(7) In this section “integration” means integration of the assessment and delivery of health and social care and services to individuals that benefit their treatment and care.”

After Clause 5

EARL HOWE

 

Insert the following new Clause—

“The Secretary of State’s duty as to education and training

After section 1D of the National Health Service Act 2006 insert—

“1E Duty as to education and training

(1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment so as to secure that there is an effective system for the planning and delivery of education and training to persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England.

(2) In subsection (1), “relevant enactment” means section 63 of the Health Services and Public Health Act 1968 and any other enactment under which the Secretary of State has functions which could be exercised for the purpose of securing that there is such an effective system as is mentioned in that subsection.””

Clause 14

EARL HOWE

 

Page 9, line 24, after “(1)(d)” insert “—

(i) ”

 

Page 9, line 25, after “authority”” insert “, and

(ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children concerned”, and

(c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under sub-paragraph (1)””

Clause 22

BARONESS FINLAY OF LLANDAFF

 

Page 30, line 10, at end insert—

“14BA Guidance on dealing with conflicts of interest

(1) The Secretary of State must issue guidance, for incorporation in clinical commissioning group constitutions, on how conflicts of interest should be dealt with by commissioning consortia as part of their decision making.

(2) Clinical commissioning groups must have regard to that guidance.”

EARL HOWE

 

Page 33, line 44, at end insert “or (b)”

 

Page 34, line 2, at end insert “or (b)”

 

Page 34, line 16, leave out “function under section 14L(3)(a)” and insert “functions under section 14L(3)(a) and (b)”

THE EARL OF SANDWICH

 

Page 38, line 2, at end insert—

“1471 Duty as to addiction to prescribed drugs

(1) Each clinical commissioning group shall have a duty to provide services to those suffering from addiction and withdrawal from prescribed drugs.

(2) In fulfilling this duty, clinical commissioning groups must co-operate with and take account of the work of non-governmental organisations.”

Schedule 2

BARONESS FINLAY OF LLANDAFF

 

Page 280, line 34, at end insert—

“( ) The Secretary of State must issue guidance on how conflicts of interest should be dealt with by commissioning consortia as part of their decision making.

( ) Clinical commissioning groups must have regard to that guidance.”

Clause 31

LORD REA

 

The above-named Lord gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill.

Schedule 4

EARL HOWE

 

Page 294, line 33, after “Board,” insert—

“(hb) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,”

 

Page 294, line 37, leave out “(ha)” and insert “(hb)”

 

Page 294, line 42, after “(ha)” insert “or (hb)”

 

Page 316, line 3, at end insert—

“ In section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 294 or 296 of the Health and Social Care Act 2011”.”

 

Page 316, line 21, at end insert—

“ In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 294 or 296 of the Health and Social Care Act 2011”.”

Schedule 5

EARL HOWE

 

Page 351, line 2, at beginning insert “In section 123 of”

 

Page 351, line 2, leave out from “2009” to “(partner” in line 18

Clause 294

EARL HOWE

 

Page 265, line 28, after “means” insert “—

(a) ”

 

Page 265, line 30, at end insert “, or

(b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.”

Prepared 19th October 2011