Health and Social Care Bill

TWELFTH
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—

Clause 58
Schedule 8
Clauses 59 to 73
Schedule 9
Clauses 74 to 99
Schedule 10
Clauses 100 to 105
Schedule 11
Clauses 106 to 118
Schedule 12
Clauses 119 to 147
Schedule 13
Clauses 148 to 176
Schedule 14
Clauses 177 to 179
Schedule 15
Clauses 180 to 228
Schedule 16
Clause 229
Schedule 17
Clauses 230 to 246
Schedule 18
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 58

BARONESS THORNTON

LORD BEECHAM

260EA

Page 87, line 9, at end insert—

“(c) is to continue as regulator of NHS Foundation Trusts as set out in Chapter 5 of Part 2 of the National Health Service Act 2006”

260EB

Page 87, line 9, at end insert—

“(d) is to take on the further duties as set out in this Act in relation to authorising through licensing any person who provides health care services for the purposes of the NHS as set out in Chapter 3 of this Act.”

Schedule 8

BARONESS THORNTON

LORD BEECHAM

260EC

Page 361, line 15, at end insert—

“( ) The chair and the chief executive must be separate roles, and cannot be held by the same person.”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

260F

Page 361, line 24, at end insert—

“( ) The first Chief Executive of Monitor is to be appointed by the Secretary of State.”

260G

Page 361, line 25, leave out “The chief executive and”

BARONESS THORNTON

LORD BEECHAM

260GA

Page 364, line 26, at end insert—

“( ) Monitor must meet in public.”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

260H

Page 364, line 26, at end insert—

“Provision of information to Secretary of State

(1) The Secretary of State may require Monitor to provide the Secretary of State with such information as the Secretary of State considers it necessary to have.

(2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.”

Clause 59

BARONESS THORNTON

LORD BEECHAM

261

Page 87, line 12, leave out subsection (1) and insert—

“(1) The main duty of Monitor is to exercise its functions to support the duties of the Secretary of State as set out in section 1 of this Act as provided for in regulations.

(1A) Monitor must exercise its functions to protect and preserve the interest of those who use, or may use, health care services, and to maintain or improve the quality of those services, and the outcomes achieved by those services.”

261A

[Withdrawn]

261B

[Withdrawn]

BARONESS WARNOCK

LORD PATEL

262

Page 87, line 15, after “effective” insert “as demonstrated through regular published comparable financial and performance information”

BARONESS THORNTON

LORD BEECHAM

262A

Page 87, line 15, at end insert—

“( ) is based on the principles of universality and social solidarity”

263

Page 87, line 16, at end insert—

“(1A) The role of Monitor as the Independent Regulator of Foundation Trusts shall continue.”

BARONESS MURPHY

264

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

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

(b)”

264A

[Withdrawn]

BARONESS THORNTON

LORD BEECHAM

265

Page 87, line 19, leave out subsection (3)

265ZZA

Page 87, line 19, leave out subsection (3) and insert—

“( ) Monitor shall be under a duty (known as the “duty of cooperation”) to ensure that any provider organisation which is regulated by it shall both plan to provide and shall provide its services in ways that promote efficient and effective cooperation between providers of health care services as part of health services provided under this Act, and in particular shall both plan and provide services that further the objectives of—

(a) improving the quality of services for patients from all providers under subsection (1A);

(b) reducing inequalities between persons with respect to their ability to access those health care services;

(c) reducing inequalities between persons with respect to of health outcomes.

( ) The Secretary of State shall publish guidance to Monitor and providers if NHS services regarding the exercise of the duty of cooperation, and where such guidance is published, NHS providers and Monitor shall pay due regard to the guidance in the discharge of their functions.

( ) Regulations may require NHS providers to take such steps as are prescribed as part of the duty of cooperation.”

BARONESS FINLAY OF LLANDAFF

BARONESS HOLLINS

265ZA

Page 87, line 19, after “to” insert “promoting collaboration and”

LORD WHITTY

265A

Page 87, line 19, leave out “anti-competitive”

265B

[Withdrawn]

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

BARONESS JOLLY

265C

Page 87, line 20, leave out from “services” to end of line 22 and insert “where it considers that preventing such behaviour would—

(a) improve—

(i) the quality of those services, including the outcomes that are achieved from their provision, or

(ii) the efficacy of the provision of those services;

(b) reduce inequalities between persons with respect to their ability to access those services;

(c) reduce inequalities between persons with respect to the outcomes achieved from them by the provision of those services.”

LORD WARNER

LORD PATEL

266

Page 87, line 21, at end insert “and in discharging this duty will conduct and publish within one year of Royal Assent a review of the anti-competitive barriers that restrict NHS patients from benefiting from new or existing organisations providing new or extended NHS services that defined quality standards, together with their proposals for removing these barriers”

266A

[Withdrawn]

BARONESS THORNTON

LORD BEECHAM

267

Page 87, line 31, leave out “enabling” and insert “promoting”

267ZA

[Withdrawn]

267ZB

[Withdrawn]

267ZC

[Withdrawn]

267ZD

[Withdrawn]

BARONESS THORNTON

LORD BEECHAM

267ZDA

Page 87, line 41, at end insert—

“( ) In subsections (4) and (5), integration should be interpreted to mean that health-related and social care services are provided in such a manner that individuals will experience services—

(a) which provide them with care which they experience as being independent of organisational barriers;

(b) which offer them, their families and carers, the most appropriate involvement in their care choices;

(c) which reduce to a minimum the need for separate assessments; and

(d) which result in a care plan for the individual which covers all aspects of their care.”

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

267ZDB

Page 88, line 6, at end insert—

“(c) local authorities carry out their duties in providing social care for children in their area, and to the smooth transfer of their caring responsibility when a child moves into adult social care services.”

267ZE

[Withdrawn]

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

267ZF

Page 88, line 10, at end insert “and Monitor must obtain advice from Healthwatch England for enabling if effectively to discharge that function”

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

267A

Page 88, line 12, after “from” insert “persons or organisations with expertise in the experience of patients and from”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

267B

Page 88, line 15, after “2006),” insert—

“(aa) public and patient involvement,”

BARONESS FINLAY OF LLANDAFF

BARONESS HOLLINS

267C

Page 88, line 16, at end insert—

“( ) the management of a wide range of complex clinical conditions”

BARONESS THORNTON

LORD BEECHAM

267D

Page 88, line 19, at end insert—

“( ) Monitor must have regard to the Mandate in the exercise of its functions.”

268

Page 88, line 20, leave out subsection (10)

268ZA

[Withdrawn]

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

268A

Page 88, line 26, at end insert—

“( ) Every annual report of Monitor must include a statement of the steps it has taken in the financial year to which the report relates to comply with the duty under subsection (7).”

BARONESS FINLAY OF LLANDAFF

268B

Page 88, line 26, at end insert—

“( ) Monitor must report annually to the Secretary of State on how it has discharged its duty to promote integration.”

Clause 60

BARONESS THORNTON

LORD BEECHAM

LORD WHITTY

269

Page 88, line 35, leave out subsection (2)

Clause 61

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

269A

Page 89, line 21, at end insert—

“(5) The regulations under this section must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.

After Clause 61

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

269B

Insert the following new Clause—

“Powers to give Monitor functions relating to children’s social care services

(1) Regulations may provide for specified functions of Monitor to be exercisable in relation to children’s social care services.

(2) Functions under subsection (1) may include inspection of, and reporting on, the potential impact of children’s social care services in a particular area on the potential need for adult social care in that area.”

Clause 62

BARONESS MURPHY

270

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

EARL HOWE

270A

Page 89, line 26, after “services” insert “provided”

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

270AA

Page 89, line 26, at end insert—

“( ) the desirability of ensuring as far as possible that when children transfer from children’s social care to adult social care a careful handover is made for each child who is in need of ongoing social care,”

BARONESS THORNTON

LORD BEECHAM

270B

Page 89, line 30, leave out paragraphs (d) to (f)

271

[Withdrawn]

272

[Withdrawn]

273

[Withdrawn]

274

[Withdrawn]

BARONESS THORNTON

LORD BEECHAM

274ZZZA

Page 89, line 41, leave out paragraphs (h) to (j)

BARONESS FINLAY OF LLANDAFF

274ZZA

Page 89, line 45, at end insert—

“( ) the need to secure and protect the education and training of the future healthcare workforce,”

LORD WARNER

BARONESS PITKEATHLEY

274ZZB

Page 90, line 12, at end insert—

“( ) the financial soundness and corporate governance likely to ensure a provider’s ability to establish and sustain the provision of adult social care services”

Clause 63

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

274ZA

Page 90, line 16, at end insert “with a paramount duty towards the safety of people who use health care services”

BARONESS FINLAY OF LLANDAFF

274ZAA

Page 90, line 16, at end insert “and imposes the least burden on providers”

BARONESS THORNTON

LORD BEECHAM

274ZAB

Page 90, line 17, leave out from “act” to end of line 25 and insert “through appropriate organisational arrangements to separate its functions in paragraphs (c) and (d) of section 58.”

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

274ZB

Page 90, line 26, leave out subsection (3)

LORD WHITTY

274A

Page 90, line 28, leave out paragraph (a)

BARONESS THORNTON

LORD BEECHAM

274XAA

Page 90, line 29, leave out paragraph (b)

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

274AA

Page 90, line 35, at end insert—

“(4A) Where Monitor concludes that it is unable to secure the resolution of a conflict it must publish a statement setting out—

(a) the nature of the conflict;

(b) the matters which it considers to be significant to its resolution; and

(c) the reasons why it has been unable to resolve the conflict.”

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

274B

Page 90, line 45, at end insert—

“( ) a matter likely to have a significant impact on the integration of services”

BARONESS FINLAY OF LLANDAFF

274BA

Page 90, line 45, at end insert—

“( ) a matter likely to have significant impact on the need to secure and protect the education and training of the future healthcare workforce or the need for high standards in the education and training of healthcare professionals who provide services for the purposes of the NHS”

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

274C

Page 90, line 46, after “(4)” insert “or (4A)”

274D

Page 91, line 1, after “(4)” insert “or (4A)”

274E

Page 91, line 2, at end insert—

“(7A) Where Monitor is required to publish a statement under subsection (4A), it must submit the statement to the Secretary of State for resolution of the conflict.

(7B) Where the Secretary of State has received a statement under subsection (7A), the Secretary of State must direct Monitor as to how to resolve the conflict and must publish a statement giving notice of his or her direction as soon as is reasonably practicable.”

Clause 65

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

275

Page 92, line 13, leave out subsection (2)

Clause 66

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

276

Page 93, line 8, after “functions’ insert “other than the personal medical records of patients”

Clause 67

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

277

Page 93, line 20, leave out subsection (3)

Before Clause 68

BARONESS THORNTON

LORD BEECHAM

277A

Insert the following new Clause—

“CHAPTER 1A Co-operation and competition

Co-operation and competition

(1) Regulations must make provision as to the services specified in the national tariff designating which services are to be commissioned through specified forms of competition and which services may be commissioned by specified other means.

(2) These regulations shall be known as the Principles and Rules of Co-operation and Competition in the NHS and at the commencement of this Part of the Act, the current regulations shall continue to apply.

(3) Changes to these regulations may only be made through the mandate to the Board using the process as set out in section 20 of this Act.

(4) The Co-operation and Competition Panel (the “CCP”) shall continue as an independent, arms length agency.

(5) The CCP will continue to support the delivery to patients and taxpayers of the benefits of cooperation and where appropriate of competition by investigating and advising the Department of Health and Monitor on potential breaches of the Principles and Rules of Co-operation and Competition.”

277B

Insert the following new Clause—

“Duty as to continuous improvement

(1) Regulations must provide that commissioners have a duty to make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) Such continuous improvement is to involve—

(a) consideration of costs,

(b) making the most of money spent, and

(c) making sure that services meet the needs of patients, communities and the priorities agreed in any Health and Wellbeing Strategy.

(3) For the purpose of deciding how to fulfill the duty, commissioners must consult the relevant Health and Wellbeing Boards, patients and public, as provided in the regulations.

(4) Commissioners must conduct reviews of the services commissioned in accordance with the regulations, and publish the results.

(5) In conducting a review a commissioner—

(a) shall aim to improve the way in which its commissioning of services is exercised, having regard to a combination of economy, efficiency and effectiveness, and

(b) shall have regard to any guidance issued by the Secretary of State under this section.

(6) Regulations may specify matters which commissioners must include in a review of a service under this section, and in particular may require a commissioner—

(a) to consider whether the current providers of the service were meeting all reasonable requirements;

(b) to consider the extent to which competition for the provision of the service may or may not be appropriate;

(c) to consider its objectives in relation to commissioning the service;

(d) to assess its performance as regards the commissioning of the current provider;

(e) to consider the outcome of consultation with relevant persons and bodies as specified in the regulations.

(7) Regulations may specify the circumstances for use of tenders as a result of a service review in order to sustain continuous improvement.

(8) These regulations may include—

(a) single tender actions,

(b) restricted tenders,

(c) open market tenders.”

Clause 68

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.

Clause 69

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill.

Clause 70

BARONESS THORNTON

LORD BEECHAM

277C

Page 95, line 33, at end insert—

“( ) Before taking any action in relation to functions under section 68 or 69, Monitor must—

(a) have regard to any regulations made by the Secretary of State, including the Principles and Rules for Co-operation and Competition,

(b) consult the relevant clinical commissioning groups and Health and Wellbeing boards,

(c) obtain the consent of the Secretary of State for the proposed action.”

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill.

Clause 71

BARONESS THORNTON

LORD BEECHAM

277D

Page 95, line 35, leave out subsections (1) to (3) and insert—

“(1) Subject to subsection (2), regulations, to be known as the Principles and Rules for Co-operation and Competition, will impose requirements on the National Health Service Commissioning Board and clinical commissioning groups for the purpose of securing that, in commissioning health care services for the purposes of the NHS, they—

(a) adhere to good practice in relation to procurement of healthcare services;

(b) protect and promote the right of patients to make appropriate choices with respect to treatment or other health care services provided for the purposes of the NHS;

(c) do not engage in anti-competitive behaviour which is demonstrated to be against the interests of patients generally who use such services.

(2) Regulations under subsection (1) shall—

(a) require the National Health Service Commissioning Board or clinical commissioning groups where appropriate to undertake procurement exercises only where the administrative cost of undertaking such an exercise is—

(i) likely to be justified by any improvements in a service anticipated as a result of such an exercise; and

(ii) is affordable having regard to the other calls upon the resources of the National Health Service Commissioning Board or clinical commissioning groups;

(b) require the National Health Service Commissioning Board or clinical commissioning groups to discharge their functions in such a way as to promote cooperation between providers in the discharge of services to patients and to balance the desirability of competition between providers with the duty to promote cooperation between providers where this has the potential to benefit patients;

(c) not entitle or require the National Health Service Commissioning Board or clinical commissioning groups to undertake procurement exercises in order to replace an existing provider which is delivering services pursuant to a contract or an NHS contract in a form approved by the Secretary of State unless that contract or NHS contract has been lawfully terminated by reason of a breach by the provider.”

BARONESS FINLAY OF LLANDAFF

277E

Page 95, line 40, leave out paragraph (b)

LORD PATEL

LORD WARNER

278

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

LORD WHITTY

278A

Page 95, line 43, leave out “anti-competitive”

LORD OWEN

278AA*

Page 95, line 43, leave out “anti-competitive” and insert “competitive”

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

278B

Page 95, line 44, at end insert—

“(d) ensure that health services are integrated where that is in the interests of people who use such services.”

LORD RIBEIRO

278BA

Page 95, line 44, at end insert—

“(d) ensure consistent healthcare provision through the quality assurance of education and training, a requirement to follow the NHS Outcomes Framework, utilisation and support of medical research and innovation and the adoption of professional guidelines in the event of complications following treatment.”

LORD OWEN

278BB*

Page 95, line 44, at end insert—

“(d) shall not commission services through competitive markets through a competition-based mechanism”

278BC*

Page 95, line 44, at end insert—

“(e) shall operate in such a way that NHS activities remain wholly within section 1.3b of the General Agreement on Trade and Services, and within the services covered by the Limitations to the Horizontal Commitments contained in the “Trade in Services Conditional Offer from the EC and its Member States” issued from Brussels on 29 April 2003.”

Clause 72

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

278C

Page 96, line 19, at end insert “or (d)”

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 72 stand part of the Bill.

Clause 73

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.

Schedule 9

EARL HOWE

278D

Page 368, line 12, leave out from “contains” to the end of line 14 and insert “information which it is satisfied is—

(a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

(b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.”

Clause 74

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

278E

Page 98, line 7, after “(1)(a)” insert “, (1)(b) or revised guidance under subsection (4)”

278F

Page 98, line 10, after “(b)” insert “or revised guidance under subsection (4)”

LORD OWEN

 

Lord Owen gives notice of his intention to oppose the Question that Clause 74 stand part of the Bill.

Clause 75

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

278G

Page 98, line 25, at end insert—

“( ) The cases referred to in subsections (2) and (3) shall be (in so far they would not otherwise be) “relevant merger situations” for the purposes of Part 3 of the Enterprise Act 2002.”

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.

After Clause 75

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

278H

Insert the following new Clause—

“Public interest consideration

In section 58 of the Enterprise Act 2002 (specified considerations), after subsection (2C) insert—

“(2D) The interest of the promotion in the United Kingdom of a comprehensive health service is specified in this section.

(2E) For the purposes of subsection (2D) a “comprehensive health service” means a health service—

(a) designed to secure the improvements set out in section 1(1) of the National Health Service Act 2006; and

(b) that is free of charge at the point of delivery except as specified in section 1(3) of that Act.””

Clause 76

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

278J

Page 98, line 28, leave out “development” and insert “occurrence”

278K

Page 99, line 2, at end insert—

“( ) Healthwatch England.”

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill.

Clause 77

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 77 stand part of the Bill.

Clause 78

EARL HOWE

278L

Page 101, line 10, after “considers” insert “would or”

LORD WHITTY

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.

Clause 79

BARONESS THORNTON

LORD BEECHAM

LORD OWEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.

Clause 80

279

[Withdrawn]

BARONESS THORNTON

LORD BEECHAM

279A

Page 101, line 29, after “service” insert “including a service under a PMS contract”

After Clause 80

280

[Re-tabled as Amendment 295G]

Clause 82

EARL HOWE

280A

Page 102, line 16, leave out first “a” and insert “any”

LORD PATEL

LORD WARNER

LORD HARRIS OF HARINGEY

281

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

“( ) Healthwatch England”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

281A

Page 102, line 39, leave out “28” and insert “90”

EARL HOWE

281B

Page 102, line 41, leave out subsection (8) and insert—

“( ) Where an exemption is granted the Secretary of State—

(a) if the exemption is granted to a prescribed person, must give notice of it to that person, and

(b) must publish the exemption.”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 82 stand part of the Bill.

Clause 83

LORD PATEL

LORD WARNER

LORD HARRIS OF HARINGEY

282

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

“( ) Healthwatch England”

Clause 85

BARONESS THORNTON

LORD BEECHAM

282ZA

Page 104, line 11, at end insert—

“( ) Such criteria must include the requirement, at regular intervals, for all licensees to supply Monitor with financial information, in the interests of meeting standards of financial stability and probity.”

BARONESS FINLAY OF LLANDAFF

282ZB

Page 104, line 14, at end insert—

“( ) A criterion for a person or organisation to be granted a licence must be that that person demonstrates a commitment to education, training and research.”

282ZC

Page 104, line 14, at end insert—

“( ) A criterion for a person or organisation to be granted a licence must be that that person or organisation demonstrates a commitment to education, training and research.”

Clause 88

BARONESS THORNTON

LORD BEECHAM

282A

Page 105, line 7, at end insert—

“(2) In the case of an NHS Foundation Trust or NHS trust, Monitor must consult the Secretary of State.

(3) The Secretary of State may veto the revocation of a licence under this section if the Secretary of State deems it not to be in patients’ and taxpayers’ interests.”

Clause 93

BARONESS THORNTON

LORD BEECHAM

282B

Page 106, line 27, leave out subsection (1) and insert—

“( ) Regulations must provide guidance as to the conditions to be included, and Monitor must have regard to the regulations and determine and publish the conditions to be included, in a licence under this Chapter (referred to in this Chapter as “the standard conditions”).”

283

Page 106, line 29, at end insert—

“( ) The standard conditions must set out—

(a) minimum standards for governance structures, including the management of conflicts of interests,

(b) minimum standards as regards meeting in public when decisions are taken and the disclosure of all relevant information,

(c) minimum standards as to employment conditions, workforce training and development,

(d) minimum standards around capitalisation debt ratios and other significant funding and financial factors,

(e) co-operate fully with the relevant local authority overview and scrutiny functions.”

283A

Page 106, line 37, leave out subsections (4) to (6)

LORD WALTON OF DETCHANT

LORD PATEL

THE EARL OF LISTOWEL

284

Page 107, line 7, at end insert—

“( ) Requirement 3 is that the licensee must promote and engage in education and training of the health care workforce.”

EARL HOWE

284A

Page 107, line 13, leave out “National Health Service Commissioning Board” and insert “NHS Commissioning Board Authority”

284B

Page 107, line 14, leave out “clinical commissioning group” and insert “Primary Care Trust”

284C

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

LORD PATEL

LORD WARNER

LORD HARRIS OF HARINGEY

285

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

“( ) Healthwatch England”

BARONESS FINLAY OF LLANDAFF

BARONESS HOLLINS

285ZA

Page 107, line 20, at end insert “which must—

“( ) state services to be provided by primary medical services,

( ) include a duty of collaboration across all health and social care providers,

( ) facilitate staff involvement in local and national work for the wider benefit of healthcare services and patients,

( ) promote education and training, at undergraduate and postgraduate level, relevant to the service provided”

EARL HOWE

285A

Page 107, line 22, at end insert—

“( ) If, at the time Monitor discharges the function under subsection (7), the day specified by the Secretary of State for the purposes of section 14A of the National Health Service Act 2006 has passed or section 6 or 178 has come into force—

(a) in the case of section 14A of the National Health Service Act 2006, the reference in subsection (8)(c) to every Primary Care Trust is to be read as a reference to every clinical commissioning group;

(b) in the case of section 6, the reference in subsection (8)(b) to the NHS Commissioning Board Authority is to be read as a reference to the National Health Service Commissioning Board;

(c) in the case of section 178, the reference in subsection (8)(d) to the Care Quality Commission is to be read as including a reference to its Healthwatch England committee.”

Clause 94

LORD PATEL

LORD WARNER

LORD HARRIS OF HARINGEY

286

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

“( ) Healthwatch England”

Clause 95

BARONESS THORNTON

LORD BEECHAM

286ZA

Page 108, line 15, leave out paragraphs (a) and (b)

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

286A

Page 108, line 16, at end insert—

“( ) for the purpose of encouraging the integration of services where such integration is in the interest of people who use such services;”

EARL HOWE

286B

Page 108, line 21, at end insert “provided for the purposes of the NHS”

LORD PATEL

LORD WARNER

287

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

BARONESS THORNTON

LORD BEECHAM

287ZA

Page 108, line 26, leave out paragraph (f)

287ZB

Page 108, line 33, leave out subsection (3)

Clause 96

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

287A

Page 108, line 42, at end insert—

“( ) requiring the licence holder to abide by the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850),

( ) requiring the declaration of any financial interest the licence holder may have in a commissioning decision by a clinical commissioning group,”

BARONESS FINLAY OF LLANDAFF

287AA

Page 108, line 42, at end insert—

“( ) requiring the licence holder to hold indemnity, for the services provided, which will remain valid for the lifetime of patients treated,

( ) requiring the licence holder to have registered competencies in the service being provided,”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

287B

Page 109, line 9, at end insert “ orfor the purposes of encouraging the integration of services in the interest of people who use such services”

BARONESS THORNTON

LORD BEECHAM

287BA

Page 109, line 19, leave out paragraphs (g) and (h)

EARL HOWE

287C

Page 109, line 38, after “NHS” insert “in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes”

287D

Page 109, line 40, at end insert “in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

287E

Page 109, line 42, leave out subsection (3)

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

287EA

Page 110, line 8, at end insert—

“( ) The standard or special conditions of a licence under this Chapter must include a condition limiting—

(a) the licence holder’s revenue to be derived from treating private patients as a percentage of the licence holder’s total revenue, and

(b) the number of private patients treated by the licence holder as a percentage of the total number of patients treated by the licence holder,

to such percentage, being less that 50 per cent, as the licence holder may agree with Monitor.”

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

287EB

Page 110, line 8, at end insert—

“( ) The standard or special conditions of a licence under this Chapter must include conditions—

(a) that any income derived by the licence holder from treating private patients shall exceed the costs of providing such treatment, after capital, labour, supplies and training costs are taken into account;

(b) that any surplus income derived by the licence holder from treating private patients, after capital, labour, supplies and training costs are taken into account, shall be applied for the benefit of NHS patients.”

Clause 97

BARONESS THORNTON

LORD BEECHAM

287F

Page 110, line 17, at end insert—

“( ) co-operating with the scrutiny functions of any relevant local authority as set out in section 244 of the National Health Service Act 2006, as amended by this Act”

Clause 98

LORD PATEL

LORD WARNER

LORD HARRIS OF HARINGEY

288

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

“( ) Healthwatch England”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

288ZA

Page 111, line 12, leave out “28” and insert “90”

BARONESS THORNTON

LORD BEECHAM

288ZB

Page 111, line 14, leave out subsections (6) to (11) and insert—

“( ) Monitor must consider any representations and must publish its response.

( ) No modification can be effective without the consent of the Secretary of State.”

Clause 99

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 99 stand part of the Bill.

Schedule 10

EARL HOWE

288A

Page 372, line 26, after “are” insert “not”

288B

Page 373, line 26, after “considers” insert “would or”

288C

Page 373, line 29, after “considers” insert “would or”

Clause 100

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 100 stand part of the Bill.

Clause 101

EARL HOWE

288D

Page 115, line 10, at end insert “or the conditions of a particular licence”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 101 stand part of the Bill.

Clause 103

BARONESS THORNTON

LORD BEECHAM

288DZA

Page 116, line 22, at end insert—

“( ) Powers under this section may only be applied with consent of the Secretary of State in each case.

( ) A monetary penalty against a provider must be held by a local clinical commissioning group for investment in services in that area.”

Clause 104

BARONESS THORNTON

LORD BEECHAM

288DA

Page 117, line 17, at end insert—

“( ) Regulations may specify that any enforcement action against a particular category of provider which may otherwise result in a fine of any form, can only take place with the consent of the Secretary of State.”

Schedule 11

EARL HOWE

288E

Page 378, line 35, leave out from “contains” to the end of line 37 and insert “information which it is satisfied is—

(a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

(b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.”

Clause 106

BARONESS THORNTON

LORD BEECHAM

288EA

Page 117, line 39, at end insert—

“( ) any regulations made under section 104 of this Act”

Clause 107

EARL HOWE

288F

Page 118, line 5, leave out from “include” to the end of line 7 and insert “information which it is satisfied is—

(a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

(b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.”

Clause 109

BARONESS JOLLY

LORD CLEMENT-JONES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

288G

Page 118, line 31, leave out subsection (2)

BARONESS THORNTON

LORD BEECHAM

288GA

Page 119, line 20, leave out subsection (10)

Clause 110

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.

Clause 111

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill.

Clause 112

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill.

Clause 113

LORD NEWTON OF BRAINTREE

LORD BUTLER OF BROCKWELL

LORD TURNBERG

288H

Page 122, line 8, at end insert—

“( ) If a health care service is awaiting inclusion in the national tariff, the provider of the health care service can apply to the National Commissioning Board for the service to be included within the innovation tariff in accordance with section 114(1)(e).”

Clause 114

BARONESS THORNTON

LORD BEECHAM

288J

Page 122, line 14, at beginning insert “Regulations must provide and”

289

Page 122, line 14, leave out “Monitor” and insert “The Secretary of State”

LORD WARNER

LORD PATEL

BARONESS MURPHY

BARONESS PITKEATHLEY

290

Page 122, line 19, at end insert—

“( ) the scope for paying providers incentives to integrate service delivery to individuals both within the NHS and with social care, especially to reduce unnecessary use of hospital inpatient services and by paying for periods of care rather than individual episodes,”

LORD PATEL

LORD KAKKAR

291

Page 122, line 19, at end insert—

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

LORD NEWTON OF BRAINTREE

LORD BUTLER OF BROCKWELL

LORD TURNBERG

291A

Page 122, line 22, at end insert—

“(e) the method of deciding whether a health care service can be included within the innovation tariff.”

BARONESS THORNTON

LORD BEECHAM

291B

Page 122, line 22, at end insert—

“( ) The regulations must be accompanied by a full statement of how the various prices and methods were determined.

( ) Regulations must also set out how any proposal for a change to any national price of for a method to be used will be subject to proper evaluation and testing, with the results being published, prior to any implementation.

( ) Before publishing any regulations under this section the Secretary of State must consult with Monitor, and publish his response.”

LORD WARNER

BARONESS PITKEATHLEY

291C

Page 122, line 22, at end insert—

“( ) The national tariff shall be constructed in accordance with the following principles—

(a) be based on best practice, not average cost, and incentivise quality improvements and innovation,

(b) incentivise integrated care for individuals, both within the NHS and between health and social care,

(c) cover the full range of care an individual needs over time, not just acute care,

(d) allow the unavoidable costs of providers.”

292

[Withdrawn]

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

292ZA

Page 122, line 27, at end insert—

“( ) The national tariff must also—

( ) specify variations to the national price for a service by reference to the circumstances relating to individuals who experience disadvantage or who have complex needs,

( ) specify variations to the national price for a service by reference to circumstances in which the service is provided or other factors relevant to the provision of the service,

( ) provide for rules for determining the price payable for the provision for the purposes of the NHS of health care services and health-related services which are not specified under subsection (1)(a).”

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

LORD CLEMENT-JONES

292ZB

Page 122, line 33, at end insert—

“( ) In exercising its functions under this Chapter, Monitor and the National Commissioning Board must have regard to the latter’s Board’s duties under section 13M of the National Health Service Act 2006 and clinical commissioning groups’ duties under section 14Y of that Act.”

BARONESS THORNTON

LORD BEECHAM

292ZC

Page 123, line 15, leave out subsections (9) and (10)

BARONESS GOULD OF POTTERNEWTON

292A

Page 123, line 24, leave out subsection (11)

Clause 115

LORD PATEL

LORD WARNER

293

Page 123, line 41, at end insert—

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

294

Page 124, line 4, at end insert—

“( ) if it is specified in accordance with subsection (1)(d), specify a national price for the health and social care in its entirety.”

EARL HOWE

294A

Page 124, line 14, leave out subsection (4)

BARONESS THORNTON

LORD BEECHAM

294AZA

Page 124, line 23, leave out subsections (5) and (6)

LORD DAVIES OF STAMFORD

294AZB

Page 124, line 28, at end insert—

“(5A) Where the commissioner of a health service receives an offer from a service provider licenced under section 80 at a price below the price that is payable by virtue of this Chapter, the commissioner shall seek the agreement of Monitor before placing any order for this service.

(5B) Before acceding to a request from a commissioner in accordance with subsection (5A), Monitor shall satisfy itself that—

(a) the quality of the service to be provided will not be inferior to the same service provided by another supplier at the price payable by virtue of this Chapter, and

(b) there will be no consequent unacceptable impact on the structure or capabilities of the NHS.

(5C) Subject to the considerations under subsection (5B), Monitor shall not unreasonably withhold its consent.”

Clause 116

LORD WARNER

LORD DARZI OF DENHAM

LORD PATEL

294AA

Page 124, line 38, after “holder,” insert—

“( ) relevant clinical groups,”

EARL HOWE

294B

Page 125, line 26, leave out “guidance” and insert “such guidance as Monitor proposes to provide for in the national tariff”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill.

Clause 117

BARONESS FINLAY OF LLANDAFF

294BZA

Page 126, line 38, leave out “116” and insert “114”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 117 stand part of the Bill.

Clause 118

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

294BA

Page 127, line 15, leave out “Competition Commission” and insert “Secretary of State”

LORD WARNER

LORD DARZI OF DENHAM

LORD PATEL

294BAA

Page 127, line 28, after “holders” insert “undertaking work of comparable complexity”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

294BB

Page 127, line 31, leave out “Competition Commission” and insert “Secretary of State”

294BC

Page 127, line 34, leave out subsection (5)

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 118 stand part of the Bill.

Schedule 12

EARL HOWE

294C

Page 380, line 5, leave out from “each” to end of line 6 and insert “objector”

294D

Page 380, line 7, at end insert—

“( ) In this Schedule, “objector” means—

(a) in relation to a reference made where the condition in section 118(2)(a) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and

(b) in relation to a reference made where the condition in section 118(2)(b) or (c) is not met, each licence holder who objected to that proposed method.”

294E

Page 382, line 8, at end insert—

“( ) The Competition Commission must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.”

294F

Page 382, line 22, leave out “entitled to give evidence at the hearing” and insert “present at the hearing and comes within sub-paragraph (5)”

294G

Page 382, line 24, leave out second “is not” and insert “cannot be”

294H

Page 382, line 26, leave out from “not” to “, and” in line 27 and insert “obliged to require the person to attend the hearing”

Clause 119

EARL HOWE

294J

Page 128, line 4, after “by” insert “clinical commissioning groups or”

294K

Page 128, line 38, after “such” insert “clinical commissioning groups or”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 119 stand part of the Bill.

Clause 120

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.

Clause 121

EARL HOWE

294L

Page 129, line 28, after “are” insert “not”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.

Clause 122

BARONESS THORNTON

LORD BEECHAM

294LA

Page 130, line 3, at end insert—

“( ) Regulations must provide guidance on the circumstances in which there can be any agreement to a local variation in the price payable as set out in the national tariff to the provider of a health care service.”

294LB

Page 130, line 13, at end insert “and the Board”

294LC

Page 130, line 22, at end insert “Health and Wellbeing Boards,”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

294M

Page 130, line 23, at end insert “and ensure that all providers licensed under Chapter 3 and operating in relevant clinical commissioning groups are paid the same price for the provision of the service”

Clause 123

BARONESS THORNTON

LORD BEECHAM

294MA

Page 130, line 34, after “may” insert “with the consent of the Board”

294MB

Page 131, line 16, leave out subsection (9) and insert—

“(9) No modification shall have effect without the consent of the Secretary of State.”

Before Clause 125

BARONESS THORNTON

LORD BEECHAM

294MBA

Insert the following new Clause—

“Health special administration

(1) The National Health Service Act 2006 (appointment of trust special administrator) is amended as follows.

(a) in section 65B(4), leave out paragraph (b) and insert—

“(ba) the Board and all relevant clinical commissioning groups and Health and Wellbeing Boards”;

(b) in section 65D(4), leave out paragraph (b) and insert—

“(ba) the Board and all relevant clinical commissioning groups and Health and Wellbeing Boards”;

(c) in section 65F(2), leave out paragraph (a) and insert—

“(aa) the Board and all relevant clinical commissioning groups and Health and Wellbeing Boards”.

(2) The provisions of section 18 of the Health Act 2009 (appointed day for provisions relating to trust special administrators) not already in effect shall have effect on the day this Act is passed.”

Clause 125

BARONESS FINLAY OF LLANDAFF

294N

Page 132, line 7, at end insert—

“(1A) A relevant provider does not include one for whom the majority of its staff are entitled to NHS terms and conditions under The Transfer of Undertakings (Protection of Employment) Regulations, or the Cabinet Office Statement of Practice on Transfers.”

BARONESS THORNTON

LORD BEECHAM

295

Page 132, line 21, at end insert—

“( ) protect the interests of patients,”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 125 stand part of the Bill.

Clause 126

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 126 stand part of the Bill.

Clause 127

EARL HOWE

295A

Page 134, line 46, at end insert “or (b)”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 127 stand part of the Bill.

Clause 128

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 128 stand part of the Bill.

Clause 129

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 129 stand part of the Bill.

Clause 130

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

After Clause 130

LORD WARNER

LORD PATEL

BARONESS MURPHY

295AA

Insert the following new Clause—

“Prior actions to health special administration orders

(1) Monitor shall produce annually a report to the National Commissioning Board setting out those trusts and their associated health economies where it considers that, on the evidence available, trusts are at serious risk of Monitor seeking a health special administration order unless urgent action is taken to review existing services and agree reconfiguration of those services to ensure their clinical and financial sustainability and this report shall be made available promptly to the Secretary of State, Parliament and the relevant clinical commissioning groups and health and wellbeing boards.

(2) It shall be the responsibility of the National Commissioning Board, in consultation with the relevant clinical commissioning groups and health and wellbeing boards, to establish a mechanism for producing a response to Monitor within six months of the annual report’s publication on how the services in specified areas can be made clinically and financially sustainable and the extent to which these proposals are agreed by local organisations on behalf of the public.

(3) It shall be for Monitor to decide whether the Board’s response is adequate to secure clinical and financial sustainability in particular areas and, after informing the Secretary of State, to publish its decisions on proposed changes and should the Secretary of State decline to accept Monitor’s decision in a particular case he or she should inform Parliament with his or her reasons, together with his or her alternative proposals for securing clinical and financial sustainability in the particular health economy.

(4) It shall be open to Monitor, by agreement with the Secretary of State and the National Commissioning Board, to establish a panel of independent people with appropriate expertise to assist with securing local agreement on the reconfiguration of services required to secure clinical and financial sustainability.”

Clause 131

EARL HOWE

295B

Page 136, line 40, after “provider” insert “of health care services for the purposes of the NHS (referred to in this Chapter as “a provider”)”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 131 stand part of the Bill.

Clause 132

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 132 stand part of the Bill.

Clause 133

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill.

Clause 134

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 134 stand part of the Bill.

Clause 135

EARL HOWE

295C

Page 139, line 44, at end insert “(but for this not to affect any other method of recovery)”

BARONESS FINLAY OF LLANDAFF

295CA

Page 140, line 8, at end insert—

“(c) each clinical commissioning group, and

(d) such other persons as it considers appropriate.”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 135 stand part of the Bill.

Clause 136

BARONESS FINLAY OF LLANDAFF

295CB

Page 140, line 34, at end insert—

“(6) In determining the rate of any levy on a provider or providers, Monitor must have regard to the impact this may have on the provider or providers’ financial stability, particularly where a provider has been identified as in distress.”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 136 stand part of the Bill.

Clause 137

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 137 stand part of the Bill.

Clause 138

EARL HOWE

295D

Page 141, line 6, leave out second “that” and insert “the current financial year”

295DA

Page 141, line 19, after “each” insert “potentially liable”

295E

Page 141, line 25, leave out “the rate of levy” and insert “those factors”

295EA

Page 141, line 34, at end insert—

“( ) In this section and section 139 a “potentially liable provider” means a provider on whom Monitor is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 138 stand part of the Bill.

Clause 139

EARL HOWE

295EB

Page 141, line 36, after “more” insert “potentially liable”

295EC

Page 141, line 42, after “more” insert “potentially liable”

295ED

Page 142, line 5, after first “the” insert “potentially liable”

295EE

Page 142, line 7, after first “the” insert “potentially liable”

295EF

Page 142, line 35, after first “the” insert “potentially liable”

295EG

Page 142, line 38, after first “the” insert “potentially liable”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 139 stand part of the Bill.

Clause 140

EARL HOWE

295F

Page 143, line 38, at end insert “(but this does not affect any other method of recovery)”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 140 stand part of the Bill.

Clause 141

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 141 stand part of the Bill.

Clause 142

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 142 stand part of the Bill.

Clause 143

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill.

Clause 144

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 144 stand part of the Bill.

After Clause 147

BARONESS GREENGROSS

LORD LOW OF DALSTON

[In substitution for Amendment 280]

295G

Insert the following new Clause—

“Human Rights Act 1998: provision of certain personal care and health care services to be public function

(1) A person who is commissioned to provide—

(a) personal care to an individual living in their own home, or

(b) a health care service

shall be taken to be exercising a function of a public nature in providing such a service.

(2) In subsection (1)(a) “personal care” has the same meaning as in Schedule 1 Paragraph 1 (3) Health and Social Care Act 2008 (Regulated Activities) Regulations 2010.

(3) In subsection (1)(a) and (b) “functions of a public nature” has the same meaning as in section 6(3) of the Human Rights Act 1998 (acts of public authorities.”

Clause 148

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

296

Page 148, line 11, leave out subsection (2) and insert—

“(2) For paragraph 9(3) of that Schedule (requirement for at least one member of council governors to be appointed by PCT) substitute—

“(3) At least one member of the council of governors must be appointed by the NHS Commissioning Board.”.”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

296A

Page 148, line 34, at end insert—

“( ) After paragraph 10C of that Schedule insert—

“10D The governors shall be notified of and have the right to attend all meetings of the Board and its sub-committees and have access to all relevant documents and papers.

10E For this purpose, governors will be required to acknowledge their duty to protect confidentiality.”.”

Clause 149

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

297

Page 149, line 20, after “whole” insert “for the purposes of the National Health Service”

Clause 151

LORD WARNER

LORD PATEL

BARONESS MURPHY

298

Page 151, line 6, at end insert “having full regard to the recommendations of the independent body established by section 13D of this Act”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

298A

Page 151, line 6, at end insert—

“(1B) The accounts so produced must identify separately the income and expenditure which relates to any private income business, and the audit of such accounts must include assurance that all costs which relate to private income business have been properly calculated or recorded (or both).”

EARL HOWE

298B

Page 151, line 6, at end insert—

“( ) In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records” substitute “the records”.”

Clause 153

EARL HOWE

298C

Page 152, line 38, at end insert—

“( ) In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward plan available to the public).”

Clause 156

LORD BEECHAM

299

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

Clause 161

BARONESS JOLLY

LORD CLEMENT-JONES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

299A

Page 159, line 16, at end insert—

“( ) before “purpose” insert “exclusive”,

( ) at the end insert “as detailed in an annual plan presented to and approved by its council of governors””

Clause 162

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

299AA

Page 159, line 27, leave out paragraph (a)

LORD PHILLIPS OF SUDBURY

BARONESS FINLAY OF LLANDAFF

LORD KAKKAR

LORD DARZI OF DENHAM

299B

Page 159, line 33, at end insert—

“( ) An NHS Foundation Trust may provide private health treatment and care but not so that its provision is to any significant extent detrimental to that provided for the purposes of the health service save that that shall not restrict accommodation and services not available within the health service nor restrict treatment or care where that is not a clinical priority.”

BARONESS FINLAY OF LLANDAFF

299C

Page 159, line 35, at end insert—

“( ) NHS services must not use NHS business to recruit private patient business.

( ) NHS services must ensure that the availability of NICE approved treatments is not decreased by private service provision.”

Clause 165

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

BARONESS FINLAY OF LLANDAFF

300

Page 160, line 32, after first “of” insert—

“(a)”

301

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

302

Page 161, line 36, after first “of” insert—

“(a)”

303

Page 161, line 37, at end insert “; and

(b) the Secretary of State”

Clause 170

EARL HOWE

303ZZA

Page 163, line 34, leave out “(but not the following “or”)”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 170 stand part of the Bill.

After Clause 170

BARONESS THORNTON

LORD BEECHAM

303ZA

Insert the following new Clause—

“Remedial action

( ) Where the Secretary of State under paragraph 65B(1) of the NHS Act 2006, or the regulator under section 65D of that Act, considers that the conditions for making an order or notice are likely to exist within the year, the Secretary of State or the regulator shall, after consultation with the National Commissioning Board, appoint an independent panel of no more than six people with expertise in health and social care, to make proposals to the regulator and Board, with an agreed timetable, for the reconfiguration of services in the health economy within which the trust operates that would provide sustainable services for patients in the area affected.

( ) Recommendations from the panel shall be subject to public consultation within a timescale specified by Monitor.

( ) 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 has notified Parliament of his or her reasons for replacing those arrangements with alternative ways of achieving sustainable health service in the area.

( ) Where matters become so serious that the regulator is required to act under inserted subsections (1) and (2) of section 65D of the NHS Act 2006, the regulator shall incorporate the work of any such panel in any order or report made under inserted subsections (5) and (6) of that section as conditions to which the trust special administrator must have full regard in discharging his or her responsibilities.”

303ZB

Insert the following new Clause—

“Reconfiguration of NHS services

( ) Regulations shall provide for the process to be followed in the consideration of reconfiguration of NHS services.

( ) Such regulations must cover how reconfiguration is to be governed by—

(a) the legislative obligations of sections 242 and 244 of the NHS Act 2006,

(b) guidance published in 2003, 2008, and 2009 requiring NHS organisations to involve, work more effectively with and be more locally accountable to local people and communities through—

(i) Health Overview and Scrutiny Guidance (2003),

(ii) Leading Local Change and Changing for the Better: Guidance when Undertaking Major Changes to NHS Services (May 2008),

(iii) Real Involvement—Working with People to Improve Health services (October 2008),

(iv) Real Accountability—demonstrating responsiveness and accountability (November 2009), and

(v) Code of Practice on Consultation—BIS Guidance on consultations (2009)

(c) the Carruthers review—Service Improvement: Quality Assurance of Major Changes to Service Provision (2007), and

(d) any guidance issued through the Department of Health covering reconfiguration process requirements.

( ) The regulations must set out the roles of the Board, Clinical Senates and Networks, clinical commissioning groups and Health and Wellbeing Boards.

( ) The regulations shall set out indicative timescales to be followed in considering and implementing reconfigurations.”

Clause 171

BARONESS THORNTON

LORD BEECHAM

303A

Page 164, line 11, leave out subsection (1)

LORD WARNER

LORD PATEL

BARONESS MURPHY

304

Page 164, line 28, at end insert—

“(4) Where the regulator considers that the conditions for making such an order are likely to exist within a year, the regulator shall, after consultation with the National Commissioning Board, appoint an independent panel of no more than six people with expertise in health and social care, to make proposals to the regulator and Board, within an agreed timetable, for the reconfiguration of services in the health economy within which the trust operates that would provide sustainable services for patients in the area affected.

(5) Recommendations from the Panel shall be subject to public consultation within a timescale specified by Monitor.

(6) 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 or her reasons for replacing those arrangements with alternative ways of achieving sustainable health services in the area.

(7) Where matters become so serious that the regulator is required to act under section 3(1) and (2), the Regulator shall incorporate the work of any such panel in any order or report made under section 5(5) and (6) as conditions to which the trust special administrator must have full regard in discharging his or her responsibilities.”

Clause 172

BARONESS FINLAY OF LLANDAFF

304A

Page 166, line 13, at end insert—

“( ) the current and future requirements for the provision of medical education and training,”

304B

Page 166, line 22, after “Board” insert “, in conjunction with commissioners,”

Clause 173

EARL HOWE

304BA

Page 168, line 8, leave out “(7)(d)” and insert “(7)(c) and (d)”

Clause 175

EARL HOWE

304BB

Page 173, line 5, leave out “65K” and insert “65KC”

304BC

Page 173, line 7, at end insert—

“( ) a copy of any information published under section 65D,”

304BD

Page 173, line 8, at end insert—

“( ) a copy of any statement provided under section 65F,”

304BE

Page 173, line 9, after “65F,” insert “65G,”

304BF

Page 173, line 10, after “65KB” insert “, 65KC”

304BG

Page 173, line 11, after “statement” insert “published or provided”

304BH

Page 173, line 13, at end insert “or 65KC”

304BJ

Page 173, line 18, leave out “65K(4)” and insert “65KC(3)”

304BK

Page 173, line 19, leave out paragraph (d) and insert—

“(d) for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.”

304BL

Page 173, line 34, leave out “65K” and insert “65KC”

304BM

Page 173, line 36, at end insert—

“( ) a copy of any information published under section 65D,”

304BN

Page 173, line 37, at end insert—

“( ) a copy of any statement provided under section 65F,”

304BP

Page 173, line 38, after “65F,” insert “65G,”

304BQ

Page 173, line 39, after “65KB” insert “, 65KC”

304BR

Page 173, line 40, after “statement” insert “published or provided”

304BS

Page 173, line 42, at end insert “or 65KC”

Clause 176

BARONESS FINLAY OF LLANDAFF

304C

Page 174, line 5, at end insert—

“(2A) This section and section 165 will come into force by order of the Secretary of State after consultation with Monitor, the NHS Commissioning, and the Care Quality Commission no earlier than on 1 April 2020.”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 176 stand part of the Bill.

Schedule 14

EARL HOWE

304CA

Page 388, line 10, at end insert “, and

( ) in subsection (3), omit paragraph (a) (and the following “and”)”

304CB

Page 388, line 13, after “trust” insert “established under section 25”

304CC

Page 388, line 14, after “trust” insert “established under section 25”

304CD

Page 391, line 18, leave out sub-paragraph (2)

304CE

Page 394, line 7, leave out paragraph 64

304CF

Page 394, line 11, leave out paragraphs 65 to 67

304CG

Page 397, line 18, at end insert “, and

( ) omit sub-paragraph (ii) of that paragraph (and the preceding “or”)”

304CH

Page 398, line 21, after “body”” insert “—

(a) ”

304CJ

Page 398, line 21, at end insert “, and

(b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or” preceding that paragraph)”

Clause 177

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 177 stand part of the Bill.

Clause 178

LORD HARRIS OF HARINGEY

BARONESS WHEELER

305

Page 175, leave out from line 16 to end of line 8 on page 178 and insert—

“(1) There shall be a body corporate known as Healthwatch England.

(2) Healthwatch England shall have the following functions—

(a) to establish a Local Healthwatch organisation for each local authority area,

(b) to provide each Local Healthwatch organisation with such resources as may be agreed by Healthwatch England,

(c) to provide Local Healthwatch organisations with advice on and assistance in relation to their functions and on such other matters that Healthwatch England may determine,

(d) to provide relevant persons with information and advice on—

(i) the views of people who use health and social care services and of other members of the public on their needs for and experiences of health and social care services, and

(ii) the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.

(3) Relevant persons referred to in subsection (2)(d) are—

(a) the Secretary of State;

(b) the National Health Service Commissioning Board;

(c) the Care Quality Commission;

(d) Monitor; and

(e) English local authorities.

(4) A person provided with advice under subsection (2)(d) must inform Healthwatch England in writing of its response or proposed response to the advice.

(5) Healthwatch England must publish details of arrangements it makes under this section, including details of payments of remuneration or other amounts.

(6) In performing functions under this section, Healthwatch England must have regard to such aspects of government policy as the Secretary of State may direct.

(7) As soon as possible after the end of each financial year, Healthwatch England must publish a report on the way in which it has exercised its functions during the year.

(8) Healthwatch England must—

(a) lay before Parliament a copy of each report made under subsection (7), and

(b) send a copy of each such report to the Secretary of State.

(9) Healthwatch England may publish other reports at such times, and on such matters relating to health or social care, as it deems appropriate.

(10) Before publishing a report under subsection (7) or (9), Healthwatch England must, so far as practicable, exclude any matter which relates to the private affairs of an individual, the publication of which, in its opinion, would or might seriously and prejudicially affect that individual’s interests.

(11) In this section, “financial year” means—

(a) the period beginning with the date on which Healthwatch England is appointed and ending with the following 31 March, and

(b) each successive period of 12 months ending with 31 March.

(12) The first Chair and members of Healthwatch England shall be appointed by the Secretary of State for a period that shall expire no more than twelve months after Local Healthwatch organisations have been established.

(13) Prior to appointing the first Chair and members of Healthwatch England, the Secretary of State shall consult, and must have regard to the views of, such organisations that seem to him or her to represent the interests of users of health and social care provision.

(14) The first Chair and members of Healthwatch England shall make arrangements for their successors to be elected by local Healthwatch organisations on such a basis as shall be determined by Healthwatch England.”

LORD PATEL

LORD WARNER

306

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

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

LORD ROOKER

LORD HARRIS OF HARINGEY

307

Page 175, line 20, leave out “appointed” and insert “elected from local Healthwatch organisations”

BARONESS CUMBERLEGE

307A

Page 175, line 21, at end insert—

“( ) The majority of the members of the Healthwatch England committee shall not be members of the Commission.”

LORD ROOKER

LORD HARRIS OF HARINGEY

308

Page 175, line 24, after “assistance” insert “and make recommendations”

BARONESS CUMBERLEGE

308A

Page 175, line 25, at end insert—

“( ) The provision that must be made by virtue of sub-paragraph (1A) includes provision as to—

(a) the majority membership of Healthwatch England committee being elected from representatives of Local Healthwatch organisations, and

(b) the manner in which those representatives are elected, the term which they must serve and the role that they must fulfil.”

308B

Page 175, line 29, at end insert—

“( ) In sub-paragraph (2) after “advisory committee” insert “or the Healthwatch England committee, as the case may be,”.”

LORD ROOKER

LORD HARRIS OF HARINGEY

309

Page 176, line 9, after “information” insert “, recommendations”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS TYLER OF ENFIELD

310

Page 176, line 10, after “people” insert “, including children,”

311

Page 176, line 11, after “public” insert “, including children,”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

311ZA

Page 176, line 12, after “services” insert “including services directly commissioned by the NHS Commissioning Board at a regional or national level”

LORD WHITTY

311A

Page 176, line 20, at end insert—

“( ) Care Quality Commission;”

LORD ROOKER

LORD HARRIS OF HARINGEY

312

Page 176, line 22, after “advice” insert “or recommendations”

LORD WHITTY

312A

Page 176, line 23, leave out “committee”

LORD ROOKER

LORD HARRIS OF HARINGEY

313

Page 176, line 24, at end insert “or recommendations and any action it intends to take”

LORD WHITTY

313A

Page 176, line 25, leave out subsection (6)

LORD ROOKER

LORD HARRIS OF HARINGEY

314

Page 176, line 25, leave out “may” and insert “must”

315

Page 176, line 26, after “advice” insert “or recommendations”

316

Page 176, line 28, at end insert “and recommendations and any actions it intends to take”

LORD WHITTY

316A

Page 176, line 29, leave out “The Commission” and insert “Healthwatch England”

316B

Page 176, line 34, leave out “committee”

316C

Page 176, line 37, leave out second “the”

316D

Page 176, line 38, leave out “committee”

316E

Page 176, line 39, leave out “Commission” and insert “Secretary of State”

316F

Page 176, line 44, leave out “The committee” and insert “Healthwatch England”

LORD ROOKER

LORD HARRIS OF HARINGEY

317

Page 176, line 47, at end insert—

“( ) send a copy of each such report to all local Healthwatch organisations”

LORD WHITTY

317A

Page 177, line 1, leave out “The committee” and insert “Healthwatch England”

LORD LOW OF DALSTON

317AA

Page 177, line 4, leave out “, so far as practicable,”

317AB

Page 177, line 5, leave out from “individual” to end of line 7

LORD WHITTY

317B

Page 177, line 5, leave out “The committee’s” and insert “Healthwatch England’s”

LORD ROOKER

LORD HARRIS OF HARINGEY

318

Page 177, line 20, at end insert—

“( ) The Secretary of State shall consult local Healthwatch organisations before issuing such directions.”

LORD WHITTY

318A

Page 177, line 21, leave out from beginning to end of line 8 on page 178

318B

Leave out Clause 178 and insert the following new Clause—

“Healthwatch England

(1) There is to be established a body corporate called Healthwatch England.

(2) The primary duty of Healthwatch England shall be to represent the interests of patients and users of national health services and social care services (hereafter known as “patients and users”) in relation to providers and to regulators and the Secretary of State.

(3) Healthcare England shall be independent of any provider of national health or social care services or of any Regulator of health or social care or of any other body established by this Act or otherwise.

(4) The Board of Healthwatch England shall consist of a chair appointed by the Secretary of State and no more than sixteen members to be appointed by the Secretary of State of whom eight shall be chosen from nominations obtained from Local Healthwatch organisations as constituted under section 179 and terms and conditions of appointment of the chair and members of the Board of Healthwatch England shall be determined by the Secretary of State.

(5) The Chief Executive of Healthcare England shall be appointed in the first instance by the Secretary of State and thereafter by the Board of Healthwatch England and shall be an employee of the Board of Healthwatch England and of no other National Health Service provider or any body established under this Act and terms and conditions of the chief executive officer shall be determined by the Secretary of State.

(6) The Board of Healthwatch England shall appoint such other staff on terms and conditions as it considers appropriate and such staff shall be employees of the Board of Healthwatch England and no of other health service provider or of any body established under this Act.”

Clause 179

LORD WHITTY

LORD LOW OF DALSTON

318BA

Page 178, line 22, at end insert—

“( ) In section 221 (health services and social services: local involvement networks) for subsection (1) substitute—

“(1) The Local Healthwatch organisation established under section 220A shall carry out the activities mentioned in subsection (2) in such manner as it deems fit, subject to any directions from Healthwatch England.”.”

LORD WHITTY

318BB

Page 178, line 36, leave out subsection (9)

318BC

Page 179, line 8, leave out subsection (12)

After Clause 179

LORD WHITTY

318C

Insert the following new Clause—

“Powers of Healthwatch England

(1) Healthwatch England shall have powers of investigation as prescribed in subsections (2) and (3) and powers to require disclosure of information as prescribed in subsection (4).

(2) Healthwatch England may investigate—

(a) a complaint made by or on behalf of a patient or user or a local Healthwatch organisation which appears to the Board to raise one or more issues of general relevance; and

(b) any matter which appears to the Board of Healthwatch UK to be or be related to a problem which affects or may affect patients or users generally or patients or users of a particular description.

(3) For the purpose of subsection (3) a complaint raises an issue of general relevance if it raises—

(a) a novel issue which affects or may affect patients or users in general or patients or users of a particular description, or

(b) any other issue which has or may have an important effect on patients or users generally or patients or users of a particular description.

(4) Healthwatch England may by notice require a person within subsection (5) to supply it with such information as is specified or described in the notice within a reasonable period as is so specified and the information so specified or described must be information that Healthwatch England requires for the purpose of exercising its function.

(5) The persons referred to in subsection (4) are—

(a) any provider of health or social care services licensed by the Care Quality Commission and Monitor under the provisions of this Act;

(b) the National Health Service Commissioning Board;

(c) Monitor;

(d) Care Quality Commission;

(e) any other person specified or of a description specified by the Secretary of State.

(6) If a person within subsection (5) fails to comply with a notice under subsection (4) the person must if so required give notice to Healthwatch England of the reason for the failure and if that reason for failure is not acceptable to the Board of Healthwatch England then the Board of Healthwatch England may take steps to publish the notice and the reasons for failure provided or to seek enforcement of the said notice through the courts.”

318D

Insert the following new Clause—

“Functions of Healthwatch England

(1) The Board of Healthwatch England shall take steps to ensure the organisation can perform the following functions—

(a) an information function to acquire information on matters of concern to patients and users,

(b) a research function to analyse such information and produce reports, and

(c) a representation function to where appropriate make representations to persons prescribed in subsection (2).

(2) Persons prescribed for the purposes of subsection (1)(c) are—

(a) any person supplying services to the National Health Service or social care services,

(b) Monitor,

(c) Care Quality Commission,

(d) any other person specified or of a description specified by the Secretary of State,

(e) the Secretary of State.”

BARONESS CUMBERLEGE

318E

Insert the following new Clause—

“Opinion of Local Healthwatch organisations on commissioning plans

(1) A relevant local Healthwatch organisation—

(a) must give the NHS Commissioning Board its opinion on whether a plan published by a clinical commissioning group under section 14Z9(4) or 14Z10(2) of the National Health Service Act 2006 takes proper account of evidence from the Local Healthwatch organisation, and

(b) must give the clinical commissioning group a copy of its opinion.

(2) In this section, “evidence” shall mean such views as are known to, or such reports and recommendations as are published by the Local Healthwatch organisation, within the meaning of section 221(2)(d) of the Local Government and Public Involvement in Health Act 2007, at the start of the period to which the plan relates.”

Schedule 15

LORD ROOKER

LORD HARRIS OF HARINGEY

319

Page 399, line 26, after “appointment” insert “and election”

Clause 180

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS TYLER OF ENFIELD

320

Page 179, line 14, at end insert—

“(1A) In subsection (2)(a), (b) and (c) after “people” insert “, including children,”.”

BARONESS CUMBERLEGE

320ZA

Page 179, line 14, at end insert—

“( ) For subsection (1) substitute—

“(1) Unless a Local Healthwatch organisation decides to make its own arrangements, A must make arrangements for securing that the Local Healthwatch organisation for its area has the services, staff and accommodation, including such administration, maintenance, cleaning and other services as may be necessary for such accommodation, as may be necessary to enable it to perform its functions effectively.

(1A) A shall, in respect of each financial year, pay to the Local Healthwatch organisation for its area sums equal to the amounts which it has approved as the amounts of expenditure which it considers may reasonably be incurred by the Local Healthwatch organisation in that year for the purpose of performing its functions.”

( ) In subsection (2) for “activities” substitute “functions of a Local Healthwatch organisation”.”

LORD WHITTY

320A

Page 179, line 16, leave out “the”

320B

Page 179, line 17, leave out “committee of the Care Quality Commission”

320C

Page 179, line 23, leave out “the”

320D

Page 179, line 24, leave out “committee of the Care Quality Commission”

320E

Page 179, line 25, leave out “that committee” and insert “Healthwatch England”

320F

Page 179, line 29, leave out “that committee” and insert “Healthwatch England”

LORD ROOKER

LORD HARRIS OF HARINGEY

321

Page 179, line 39, at end insert—

“( ) The Secretary of State shall by regulations make provision requiring Healthwatch England to make arrangements under this section for members of local Healthwatch to have indemnity cover against the risk of a claim arising out of the carrying out of their duties in local Healthwatch organisations.”

Clause 181

LORD WHITTY

321A

Page 179, line 41, leave out subsection (1) and insert—

“(1) Omit section 222 of the Local Government and Public Involvement in Health Act 2007.”

321B

Page 180, line 1, leave out subsections (2) to (11)

BARONESS CUMBERLEGE

321C

Page 180, line 4, leave out “activities” and insert “its functions”

LORD ROOKER

LORD HARRIS OF HARINGEY

322

Page 180, line 16, at end insert—

“( ) Local Healthwatch is not to be regarded as a servant or agent of A”

BARONESS CUMBERLEGE

322A

Page 180, line 23, leave out paragraphs (a) and (b) and insert—

“(a) after “which” insert “include—

(a) prescribed provision relating to the way in which certain decisions of a local authority in relation to the arrangements are to be taken; and

(b) provision that arrangements made under section 221(1) (local authority arrangements) must—

(i) include prescribed provision, or

(ii) require prescribed provision to be included in local Healthwatch organisation arrangements.”;

(b) for “local involvement network arrangements” substitute “Local Healthwatch organisation arrangements”.”

Clause 182

LORD ROOKER

LORD HARRIS OF HARINGEY

323

Page 181, line 4, after “appropriate” insert “in relation to the needs of people”

LORD RIX

LORD WIGLEY

VISCOUNT TENBY

324

Page 181, line 5, at end insert “ensuring that there is no upper limit on the length and type of advocacy support that may be provided”

LORD ROOKER

LORD HARRIS OF HARINGEY

325

Page 181, line 12, at end insert—

“( ) a complaint under section 114(1) and (2) of the Health and Social Care Act (Community Care and Standards) 2003”

326

Page 181, line 26, leave out subsection (4)

Clause 183

LORD ROOKER

LORD HARRIS OF HARINGEY

327

Page 183, line 7, at end insert—

“(4A) In section 224(2)(c) of the Local Government and Public Involvement Act for “Primary Care Trusts” substitute “Clinical Commissioning groups”.”

Clause 184

LORD WHITTY

327ZA

Page 183, line 31, leave out “and a local authority”

After Clause 186

BARONESS BAKEWELL

BARONESS FINLAY OF LLANDAFF

327ZB

Insert the following new Clause—

“Commissioner for older people

Commissioner for older people

(1) The Secretary of State shall, by order, establish an Office of Commissioner for Older People in England.

(2) The general functions of the Commissioner shall be to consult with and garner the opinions of older people, and to represent those opinions in all arenas of public discourse including Parliament.

(3) Particular functions of the Commissioner shall be to—

(a) monitor, on behalf of older people, all law, policy and practice relating to their health and social care;

(b) commission and publish research into the provision of health and social care services to older people;

(c) commission and publish research into health and social care outcomes for older people in comparison with other sectors of society;

(d) act on behalf of older people in promoting best practice by providers of health and social care services.

(4) The Commissioner must encourage the involvement of older people in the work of the Commissioner.

(5) The Commissioner must, in particular, take reasonable steps to—

(a) ensure that older people are made aware of the functions of the Commissioner and how the Commissioner may be contacted;

(b) consult older people on the work to be undertaken by the Commissioner; and

(c) consult organisations working with and for older people on the work to be undertaken by the Commissioner.”

Clause 189

BARONESS FINLAY OF LLANDAFF

327A

Page 190, line 19, at end insert—

“( ) involve allied health professionals who work in that area;”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

327B

Page 190, line 20, at end insert—

“( ) consult and work with education or children’s services;”

327C

Page 190, line 24, leave out from “group” to end of line 25 and insert “must consult with persons with experience of delivering relevant health services giving particular regard to health professionals who work with children or vulnerable adults”

Clause 190

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

328

Page 190, line 44, at end insert—

“( ) The assessment must include an examination of the levels of hazardous, harmful and dependent alcohol use in the local population.”

BARONESS FINLAY OF LLANDAFF

328A

Page 191, line 20, after “authority,” insert—

“( ) involve allied health professionals who work in that area,”

BARONESS TYLER OF ENFIELD

BARONESS JOLLY

BARONESS BARKER

LORD CLEMENT-JONES

328B

Page 191, line 20, after “authority,” insert—

“(aa) have regard to the assessment of housing needs undertaken by the local planning authority,”

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

329

Page 191, line 21, at end insert—

“( ) involve representatives from alcohol services”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

329A

Page 191, line 21, at end insert—

“( ) consult and work with education or children’s services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

THE EARL OF LISTOWEL

330

Page 191, line 25, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

330ZA

Page 191, line 29, at end insert “, including how such integration could be supported by the involvement of allied health professionals”

BARONESS TYLER OF ENFIELD

BARONESS JOLLY

BARONESS BARKER

LORD CLEMENT-JONES

330ZAA

Page 191, line 44, after “functions,” insert—

“( ) an assessment of the needs of areas of disadvantage and of inequalities which exist,”

Clause 191

BARONESS WILKINS

BARONESS FINLAY OF LLANDAFF

LORD LOW OF DALSTON

330A

Page 192, line 20, at end insert—

“( ) a representative of education providers for persons resident in the area of the local authority, including maintained schools, city technology colleges, city college for technology or the arts, and Academy schools”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

330B

Page 192, line 21, at end insert—

“( ) a representative of community pharmacy”

LORD RAMSBOTHAM

330C

Page 192, line 21, at end insert—

“( ) a representative of the probation service,

( ) a representative of the police,”

BARONESS FINLAY OF LLANDAFF

330D

Page 192, line 21, at end insert—

“( ) a representative of an allied health professional organisation,”

330E

[Withdrawn]

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

330F

Page 192, line 21, at end insert—

“( ) at least one representative of a community organisation which delivers opportunities for physical activity,”

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

331

Page 192, line 23, at end insert—

“( ) a representative from alcohol and drugs service”

LORD BEECHAM

BARONESS THORNTON

331A

Page 192, line 23, at end insert—

“( ) in the case of two-tier local government areas, a representative of district councils”

BARONESS JOLLY

BARONESS TYLER OF ENFIELD

BARONESS BARKER

LORD CLEMENT-JONES

331AA

Page 192, line 23, at end insert—

“(h) a representative of designated health professionals for safeguarding”

Clause 192

BARONESS JOLLY

BARONESS TYLER OF ENFIELD

BARONESS BARKER

LORD CLEMENT-JONES

331AB

Page 193, line 30, leave out “encourage” and insert “mandate”

BARONESS FINLAY OF LLANDAFF

331B

Page 193, line 31, after “services” insert “, including allied health professionals,”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

331C

Page 193, line 31, after “services” insert “and education or children’s services”

LORD WARNER

LORD PATEL

BARONESS MURPHY

BARONESS PITKEATHLEY

332

Page 193, line 31, leave out “an integrated manner” and insert “a manner that integrates the delivery of services to individuals”

BARONESS GREENGROSS

332A

Page 193, line 32, at end insert “and, where appropriate, encourage the joint commissioning of health and social care services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

333

Page 193, line 37, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

333A

Page 193, line 38, after “services” insert “, including allied health professionals,”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

333B

Page 193, line 38, after “services” insert “or education or children’s services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

334

Page 193, line 40, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

334A

Page 193, line 41, after “services” insert “, including allied health professionals,”

LORD WARNER

LORD PATEL

BARONESS MURPHY

335

Page 194, line 7, at end insert—

““integration” means the integration of the assessment and delivery of health and social care services to individuals that benefits their treatment and care;”

Clause 193

LORD WARNER

BARONESS MURPHY

BARONESS THORNTON

LORD PATEL

336

Page 194, line 17, at end insert—

“( ) A local authority may agree with the National Commissioning Board that a Health and Wellbeing Board that the authority has established may assume responsibility for some or all of the functions (and associated funding) of a clinical commissioning group where such a group agrees that this is in the best interests of patients, particularly where it improves the integration of service delivery for individuals.”

LORD BEECHAM

BARONESS WHEELER

336A

Page 194, line 22, at end insert—

“(5) A Health and Wellbeing Board shall be entitled to make a referral for investigation relating to any services which have been provided as part of the health service under this Act related to any who is or has been person in the area for which a Health and Wellbeing Board functions or which services, in the opinion of the Health and Wellbeing Board ought to be provided as part of the health service under this Act.

(6) A referral for investigation shall be made by a Health and Wellbeing Board to the body that they understand is the commissioner of the relevant services or would commission the services if provided as part of the health service under this Act.

(7) Where a commissioner of health services receives a referral under subsection (5), the commissioner shall undertake a prompt and comprehensive investigation into all matters which are relevant to the referral and shall report its findings in writing to the relevant Health and Wellbeing Board within 28 days or within such longer period as shall be agreed by the Health and Wellbeing Board.

(8) In the event that the commissioner of health services to whom a referral has been made under subsection (5) hereof is not the commissioner of all or part of the services relevant to the referral, the commissioner of health services to whom the referral has been made shall pass all relevant details of the referral to such other commissioner of health services as it considers is the appropriate commissioner of health services, whereupon that commissioner of health services shall be obliged to investigate and report to the Health and Wellbeing Board within 28 days of receiving the referral or within such longer period as shall be agreed by the Health and Wellbeing Board.

(9) In this section “commissioner of services” shall mean the Board, Clinical Commissioning Group or other body under this Act which has made or would make arrangements for the relevant services to be provided or, if there is no such body which has made arrangements, is the body which will meet all or part of the cost of the provision of the said services.

(10) Subject to subsection (11), all reports provided under subsection (7) shall be published by the Health and Wellbeing Board in such a manner as the Health and Wellbeing Board consider appropriate.

(11) All publicly available copies of reports provided under subsection (7) hereof shall have details of individual patients anonymised in such a way as the commissioner of services considers appropriate to protect the confidentiality of any patient who desires to maintain confidentiality, and shall also have the details of any other person anonymised where this is necessary to protect a legal right to confidentiality.”

Clause 196

LORD LOW OF DALSTON

336B

Page 195, line 15, after “may” insert “subject to subsection (5)”

336C

Page 195, line 31, at end insert—

“(5) No request under subsection (1) may be made in any form that would require information to be given where to give it in that form would require personal data within the meaning of the Data Protection Act 2000 to be supplied.”

After Clause 198

BARONESS FINLAY OF LLANDAFF

LORD WALTON OF DETCHANT

LORD WIGLEY

337

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.”

After Clause 202

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

337A

Insert the following new Clause—

“Power to regulate pharmacists

(1) The Medicines Act 1968 is amended as follows.

(2) After section 58(6) there is inserted—

“(7) Subsection (2)(a) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(8) The activity under subsection (7) shall be regulated by the General Pharmaceutical Council.

(9) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (S.I. 2010/231) in relation to a person who performs an activity referred to in subsection (7).”

(3) After section 64(5)(b) there is inserted—

“(6) Subsection (1) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and that person selling or supplying the product, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(7) The activity under subsection (6) shall be regulated by the General Pharmaceutical Council.

(8) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (S.I. 2010/231) in relation to a person who performs an activity referred to in subsection (6).”

(4) After section 85(5) there is inserted—

“(6) Subsection (1)(a) to (c) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and that person selling or supplying the product, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(7) The activity under subsection (1) shall be regulated by the General Pharmaceutical Council.

(8) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (SI 2010/231) in relation to a person who performs an activity referred to in subsection (6).””

Clause 205

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 205 stand part of the Bill.

After Clause 205

BARONESS EMERTON

LORD PATEL

LORD WARNER

BARONESS MASHAM OF ILTON

338

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.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

338ZA

Insert the following new Clause—

“Power to regulate clinical physiologists in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions) is amended as follows.

(2) In subsection (1) after paragraph (b) insert—

“(ba) regulating the clinical physiology profession in England,”.

(3) In that section, after paragraph (bb) insert—

“(bc) regulating clinical physiologists in England who appear to require regulation in pursuance of this section,”.”

338ZB

Insert the following new Clause—

“Requirement for clinical physiologists in England to be registered

(1) The Health Professions Council is required to keep a register of clinical physiologists in England.

(2) A person may not practise as a clinical physiologist in England unless the person is registered in that part of the register maintained by the Health Professions Council.”

Clause 206

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 206 stand part of the Bill.

Clause 208

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 208 stand part of the Bill.

Clause 209

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 209 stand part of the Bill.

Clause 210

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 210 stand part of the Bill.

Clause 211

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

338A

Page 210, line 29, leave out “Care” and insert “Social Worker”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 211 stand part of the Bill.

After Clause 211

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

338B

Insert the following new Clause—

“Establishment by the Health Professions Council of the Social Worker Professions Committee

(1) The Council shall establish a statutory committee to be known as the Social Worker Professions Committee.

(2) The functions of the Committee will be to oversee the work of the Council in relation to the regulation of social worker professions.

(3) The Secretary of State may by order confer further functions on the Social Worker Professions Committee.”

LORD HUNT OF KINGS HEATH

338C

Insert the following new Clause—

“Appointment by the Health Professions Council of Director of Social Worker Professions Regulation

(1) The Council shall appoint a Director of Social Worker Professions Regulator who shall hold office for such period and on such terms as the Council may determine.

(2) The Director shall have such functions as may be conferred by order.

(3) The Director shall have such other functions as the Council may determine.”

338D

Insert the following new Clause—

“Appointment to the Health Professions Council of social workers

The Secretary of State shall appoint at least two registered social workers to the Council.”

338E

[Withdrawn]

Clause 212

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

BARONESS WHEELER

338F

Page 211, line 7, at end insert—

“(viii) the regulation of clinical physiology in England, and

(ix) the provision, supervision or management of services of persons engaged in clinical physiology in England.”

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 212 stand part of the Bill.

Clause 213

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 213 stand part of the Bill.

After Clause 217

LORD PATEL

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS CUMBERLEGE

339

Insert the following new Clause—

“Public health specialists

(1) In section 25 of the National Health Service Reform and Health Care Professions Act 2002, in subsection (3) (regulatory bodies regulated by the Council for the regulation of health care professionals), insert—

“(k) those statutory bodies responisible for the regulation of public health specialists including those from backgrounds other than medicine;

(l) where a statutory register for public health specialists from backgrounds other than medicine does not exist, such a register shall be established by the Health Professions Council.”

(2) In this Act “registered public health specialists” means a person recognised as such on a register maintained by those statutory bodies responsible for the regulation of public health specialists, including those from backgrounds other than medicine.”

BARONESS FINLAY OF LLANDAFF

339ZA

Insert the following new Clause—

“Statutory registration

(1) The Health Professions Council shall establish a statutory register of Physicians’ Assistants (Anaesthesia) and other healthcare professional as the Secretary of State may by order specify.

(2) In this Act “registered Physicians’ Assistant (Anaesthesia)” means a person recognised as such on a register maintained by the statutory body responsible for the regulation of Physicians’ Assistants (Anaesthesia).”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

BARONESS WHEELER

339ZB

Insert the following new Clause—

“Regulation of clinical physiologists

(1) The Health Professions Order 2011 (S.I. 2002/254) is amended as follows.

(2) In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant professions”, at the appropriate place insert “clinical physiologists in England”.

(3) In that paragraph, at the appropriate place insert—

““Clinical physiologists in England” means a member of the clinical physiology profession in England and references to clinical physiology in England are to be construed accordingly.””

Clause 218

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 218 stand part of the Bill.

Clause 219

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 219 stand part of the Bill.

Clause 220

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 220 stand part of the Bill.

Clause 225

BARONESS MASHAM OF ILTON

339A

Page 224, line 46, leave out “voluntary”

339B

Page 224, line 47, leave out “voluntary”

LORD LOW OF DALSTON

LORD HUNT OF KINGS HEATH

339BZA

Page 225, line 2, at end insert—

“(ba) unregulated rehabilitation officers for the blind in England;”

LORD RAMSBOTHAM

339BA

Page 225, line 17, leave out from “regulates” to end of line 18

BARONESS MASHAM OF ILTON

339C

Page 225, line 26, leave out “voluntary”

339D

Page 225, line 29, leave out “voluntary”

LORD RAMSBOTHAM

339DA

Page 225, line 42, leave out from “body” to end of line 43

BARONESS MASHAM OF ILTON

339E

Page 226, line 14, leave out “Voluntary”

339F

Page 226, line 25, leave out “voluntary”

BARONESS EMERTON

LORD PATEL

340

Page 226, line 42, at end insert—

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

BARONESS MASHAM OF ILTON

340A

Page 227, line 17, leave out “voluntary”

Clause 226

BARONESS MASHAM OF ILTON

340B

Page 227, line 39, leave out “voluntary”

340C

Page 227, line 40, leave out “voluntary”

340D

Page 228, line 9, leave out “voluntary”

340E

Page 228, line 15, leave out “voluntary”

340F

Page 228, line 24, leave out “Voluntary”

340G

Page 228, line 25, leave out “voluntary”

340GA

[Withdrawn]

340GB

[Withdrawn]

340GC

[Withdrawn]

340H

Page 229, line 4, leave out “voluntary”

BARONESS MASHAM OF ILTON

340J

Page 229, line 9, leave out “voluntary”

340K

Page 229, line 10, leave out “voluntary”

340L

Page 229, line 13, leave out “voluntary”

340M

Page 229, line 14, leave out “voluntary”

340N

Page 229, line 17, leave out “voluntary”

340P

Page 229, line 19, leave out “voluntary”

340Q

Page 229, line 20, leave out “voluntary”

340R

Page 229, line 25, leave out “voluntary”

340S

Page 229, line 27, leave out “voluntary”

340T

Page 229, line 31, leave out “voluntary”

340U

Page 229, line 37, leave out “voluntary”

340V

Page 230, line 27, leave out “voluntary”

Clause 230

LORD PATEL

LORD WARNER

341

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

Clause 231

LORD WARNER

LORD PATEL

342

Page 232, line 11, leave out “may direct NICE to prepare statements of standards” and insert “shall each year agree with NICE a programme of clinical quality standards to be completed or revised”

LORD PATEL

LORD WARNER

343

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

BARONESS ROYALL OF BLAISDON

BARONESS THORNTON

343A

Page 232, line 16, at end insert—

“( ) NICE must prepare those quality standards that it has been directed to do so by the relevant commissioner at the date of the passing of this Act within 6 months and no later than 1 October 2012.”

343B

[Withdrawn]

Clause 234

LORD WARNER

LORD PATEL

BARONESS THORNTON

344

Page 234, line 8, at end insert—

“( ) The Secretary of State shall by regulations continue the responsibility of NICE to assess the cost-effectiveness to the health service of new pharmaceutical products until this matter is incorporated in a system of quality standards as provided for in section 231.”

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

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”

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 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 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 12th December 2011