Health and Social Care Bill

FIFTEENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 17th October 2011, as follows—

Clauses 247 to 249
Schedule 19
Clauses 250 to 271
Schedule 20
Clauses 272 to 274
Schedule 21
Clauses 275 to 291
Schedule 22
Clauses 292 to 294
Schedules 23 and 24
Clauses 295 to 303

[Amendments marked * are new or have been altered]

Clause 247

LORD WARNER

345

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

LORD WARNER

LORD PATEL

346

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

347

Page 240, line 8, at end insert “governing the collection, processing and dissemination of information.”

347A

Page 240, line 10, leave out “in relation to the processing of information” and insert “for the efficient and effective collection, processing and dissemination of information that benefits the commissioning and provision of health and adult social care services, helps improve public health and wellbeing, enables the public to be informed about the quality and performance of those services and to exercise informed choice by ensuring maximum transparency of dissemination”

LORD LOW OF DALSTON

347B*

Page 240, line 15, at end insert—

“( ) An information standard must include a requirement to record patients’ preferred reading format: standard print, large print, audio or Braille.”

Clause 250

LORD WARNER

LORD PATEL

348

Page 241, line 33, at end insert—

“( ) the need for a publicly available independent audit of their processes in each 3 year period.”

Clause 251

EARL HOWE

348ZA

Page 242, line 38, at end insert—

“( ) The Information Centre may charge the Board a reasonable fee in respect of the cost of complying with a direction given by the Board under subsection (1).”

Clause 255

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

348A

Page 244, line 31, at end insert—

“(c) require any person mentioned in subsection (2) to provide it with any information necessary for the national clinical audits”

LORD WALTON OF DETCHANT

348B

Page 245, line 14, at end insert—

“(9) The powers under this section do not apply to information which falls within Section 256(2)(b).”

Clause 256

EARL HOWE

348BA

Page 245, line 18, leave out “the following provisions of this section” and insert “subsection (3)”

Clause 259

EARL HOWE

348BB

Page 247, line 31, leave out “other”

348BC

Page 247, line 32, leave out “other”

Clause 264

EARL HOWE

348BD

Page 249, line 37, leave out “its functions” and insert “any function it has under or by virtue of any other provision of this or any other Act”

Schedule 20

EARL HOWE

348BE

Page 427, line 16, at end insert—

“Health and Social Care Act 2008 (c.14)

In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—

(a) omit the “or” after paragraph (d), and

(b) after paragraph (e) insert “, or

(f) the Health and Social Care Information Centre.””

348BF

Page 427, leave out lines 27 to 31

Clause 274

BARONESS FINLAY OF LLANDAFF

348C

Page 252, line 20, at end insert—

“( ) The National Information Governance Committee shall appoint a chairman from within its membership who shall report to the Information Commissioner.”

Clause 275

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 275 stand part of the Bill.

Before Clause 278

BARONESS MURPHY

349

Insert the following new Clause—

“Mental Health Act: members of Parliament

Repeal of section 141 of the Mental Health Act 1983

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

Clause 285

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

350

Page 259, line 42, after “duty” insert “or are otherwise in conflict with each other or at significant risk of being in conflict with each other”

351

Page 260, line 22, at end insert “or may require one or more of the bodies concerned to exercise specified functions in a specified manner”

BARONESS FINLAY OF LLANDAFF

 

Baroness Finlay of Llandaff gives notice of her intention to oppose the Question that Clause 285 stand part of the Bill.

Clause 294

BARONESS FINLAY OF LLANDAFF

351A

Page 264, line 43, leave out “transfer” and insert “occupation”

351B

Page 265, line 4, leave out first “transfer” and insert “occupation”

351C

Page 265, line 4, leave out “transfer from” and insert “occupation of any property by”

351D

Page 265, line 5, leave out from “23” to second “a” in line 7 and insert “or”

351E

Page 265, line 15, leave out first “transfer” and insert “occupation”

EARL HOWE

352

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

(a) ”

353

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.”

Clause 300

BARONESS THORNTON

LORD BEECHAM

353ZZA

Page 270, line 24, at end insert—

“( ) section (health special administration);”

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

353ZA

Page 270, line 34, at end insert—

“( ) Section 30 comes into force in accordance with section 30(3).”

Clause 301

BARONESS MASHAM OF ILTON

353A

Page 272, line 1, leave out “voluntary”

353B

Page 272, line 3, leave out “voluntary”

After Clause 301

LORD KAKKAR

LORD PATEL

354

Insert the following new Clause—

“Review of the operation of the Act

(1) Annually, the Secretary of State shall review the operation of this Act, publish a report on the review and lay the report before Parliament.

(2) If required by a Committee of either House, the Secretary of State must make available to both Houses of Parliament information necessary for the operation of this Act to be scrutinised.”

Prepared 20th December 2011