Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 3

BARONESS GIBSON OF MARKET RASEN

 

Page 2, line 34, after “England” insert “in rural and urban areas”

Clause 4

BARONESS GIBSON OF MARKET RASEN

 

Page 3, line 4, after “service” insert “in rural and urban areas”

After Clause 5

LORD PATEL OF BRADFORD

 

Insert the following new Clause—

“The Secretary of State’s duty as to promoting equality of provision

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

“1DA Duty as to promoting equality of provision

In exercising functions in relation to the health service, the Secretary of State must have regard to the need to promote equality for those providing services on behalf of the health service and shall within one year of passing this Act, lay a report before Parliament on the treatment for Value Added Tax of supplies by charities to bodies exercising functions on behalf of a Minister of the Crown of healthcare services or associated goods.””

Clause 6

BARONESS GIBSON OF MARKET RASEN

 

Page 3, line 33, after “England” insert “in rural and urban areas”

Clause 7

LORD KAKKAR

 

Page 4, line 18, at end insert—

“(3) The Secretary of State must publish, and may from time to time revise, a code of conduct for all clinical commissioning groups.

(4) The code must, in particular, incorporate the Nolan principles.

(5) “The Nolan principles” means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).”

Clause 8

BARONESS GIBSON OF MARKET RASEN

 

Page 4, line 25, at end insert “rural and urban areas of”

Clause 9

BARONESS GIBSON OF MARKET RASEN

 

Page 5, line 13, leave out “area” and insert “rural and urban areas”

 

Page 5, line 16, at end insert “in rural and urban areas”

Clause 12

LORD RAMSBOTHAM

 

Page 7, line 28, after “prison” insert “, immigration detention centre, local authority secure childrens home, police or court cell”

LORD KAKKAR

 

Page 7, line 29, at end insert—

“( ) Regulations must require the Board to commission services for veterans who have lost limbs.”

Clause 14

BARONESS GIBSON OF MARKET RASEN

 

Page 8, line 29, after “in” insert “rural and urban areas of”

Clause 20

BARONESS GIBSON OF MARKET RASEN

 

Page 18, line 4, after “inequalities” insert “in rural and urban areas”

 

Page 18, line 6, after “inequalities” insert “in rural and urban areas”

 

Page 18, line 10, after “patients” insert “in rural and urban areas”

LORD WARNER

LORD PATEL

 

Page 18, line 11, at end insert—

“( ) In discharging this duty, the Board must publish guidance for clinical commission groups that ensures that patients and their carers and representatives have—

(a) the means to express their views on the quality of services provided,

(b) opportunities to consult with service providers through a variety of means,

(c) access to appropriate information about their care and treatment,

(d) opportunities to consider available treatment options and their risks and benefits,

(e) the opportunity to participate in decisions about their care and treatment and its management, and

(f) the means to ensure informed consent is given to care and treatment.”

BARONESS GIBSON OF MARKET RASEN

 

Page 19, line 1, after “inequalities” insert “in rural and urban areas”

Clause 23

THE EARL OF SANDWICH

 

Page 36, line 3, at end insert—

“( ) In fulfilling this duty, clinical commissioning groups, in estimating the cost of new or enhanced services, must have regard to any existing service provided by the voluntary sector, the support of which may reduce that cost.”

BARONESS GIBSON OF MARKET RASEN

 

Page 36, line 28, at end insert “in rural and urban areas”

 

Page 36, line 30, at end insert “in rural and urban areas”

LORD WARNER

LORD PATEL

 

Page 36, leave out lines 36 and 37

 

Page 36, line 39, leave out “under subsection (2)” and insert “in accordance with section 13H”

BARONESS GIBSON OF MARKET RASEN

 

Page 37, line 13, at end insert “in rural and urban areas”

 

Page 37, line 22, after “services” insert “in rural and urban areas”

 

Page 37, line 32, after second “services” insert “in rural and urban areas”

 

Page 38, line 6, after “services” insert “in rural and urban areas”

BARONESS FINLAY OF LLANDAFF

LORD WALTON OF DETCHANT

 

Page 40, line 39, at end insert—

“( ) The Board must determine the minimum population size and the care services for that population for commissioning of services for less common conditions.”

Clause 59

BARONESS MURPHY

 

Page 87, line 17, after “must” insert—

“(a) operate economically, efficiently and effectively, and

(b)”

Clause 62

BARONESS MURPHY

 

Page 89, line 25, leave out paragraphs (b) and (c)

 

Page 89, line 31, leave out from “that” to end of line 32 and insert “people who require health care services for those purposes are provided with fair access to them.”

 

Page 89, line 33, leave out paragraph (e)

 

Page 89, line 37, leave out from “for” to end of line and insert “operate economically, efficiently and effectively”

 

Page 89, line 38, leave out paragraph (g) and insert—

“(g) the need for commissioners and providers to cooperate to improve services and deliver seamless and sustainable care to patients”

After Clause 80

BARONESS GREENGROSS

 

Insert the following new Clause—

“Provision of health care to be public function

(1) A person (‘P’) who provides a health care service for the purposes of the NHS under arrangements made with P under the relevant statutory provisions is to be taken to be exercising a function of a public nature for the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 (acts of public authorities) in doing so.

(2) The “relevant statutory provisions” are—

(a) section 3A of the National Health Service Act 2006 as amended;

(b) section 3B of the National Health Service Act 2006 as amended;

(c) section 4 of the National Health Service Act 2006 as amended;

(d) section 5 of the National Health Service Act 2006 as amended.”

Clause 198

BARONESS FINLAY OF LLANDAFF

LORD WALTON OF DETCHANT

 

Page 197, line 35, at end insert the following new Clause—

“Health Service Ombudsman for England and Health Service Ombudsman for Wales

All patients receiving care from an organisation that receives any funding from the NHS shall have the right of complaint to the relevant health service ombudsman.”

Clause 230

LORD PATEL

LORD WARNER

 

Page 231, line 36, leave out “the desirability of”

Clause 231

LORD PATEL

LORD WARNER

 

Page 232, line 13, at end insert “including for patients with long term conditions,”

Clause 236

LORD PATEL

LORD WARNER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 236 stand part of the Bill.

Clause 247

LORD PATEL

LORD WARNER

 

Page 240, line 7, leave out “may” and insert “shall”

Prepared 21st October 2011