Health and Social Care Bill

FOURTEENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

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

Clauses 187 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 187

EARL HOWE

327ZC

Page 188, line 15, at end insert—

“( ) In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.”

Clause 188

EARL HOWE

327ZD

Page 188, line 46, at end insert—

“( ) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.”

327ZE

Page 189, line 25, at end insert “and

(b) omit the words from “and as if” to the end of the subsection.”

327ZF

Page 189, line 31, at end insert—

“(12A) Omit section 247A (application to local authorities without overview and scrutiny committees).”

327ZG

Page 189, line 32, leave out from “(2)” to “of” in line 33 and insert “, (6), (10), (12)(a) and (12A), paragraphs 75(2), 76, 77(2) and (5)(a) and 78”

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 WHEELER

LORD BEECHAM

330ZB

Page 191, line 29, at end lnsert—

“( ) The responsible local authority must publish an integrated commissioning plan based on the strategy for meeting the needs identified in the joint strategic needs assessment.

( ) Regulations shall provide for the content of the integrated commissioning plan, but this shall include how commissioning of health related services, public health services and social care services shall be integrated and the outcomes to be achieved.

( ) The responsible local authority must publish the integrated commissioning plan prepared by it under this section.

( ) The commissioning plans of every partner clinical commissioning group and of the National Commissioning Board so far as they apply to the area of the local authority must have regard to the integrated plan.”

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 WHEELER

LORD BEECHAM

330ZAB

Page 192, line 14, leave out paragraph (a) and insert—

“( ) at least eight councillors nominated in accordance with subsection (3) and preserving the political balance of the local authority,”

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”

BARONESS WHEELER

LORD BEECHAM

331AAA

Page 192, line 42, at end insert—

“( ) Only the elected councillors shall vote on any matter to be decided by the Health and Wellbeing Board.”

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;”

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 192 stand part of the Bill

After Clause 192

BARONESS WHEELER

LORD BEECHAM

335A

Insert the following new Clause—

“Functions of Health and Wellbeing Boards as to clinical commissioning groups’ commissioning plans

All commissioning plans prepared by a clinical commissioning group as set out in section 14Z9 of the National Health Service Act 2006 must be agreed by the relevant Health and Wellbeing Board.”

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

BARONESS WHEELER

LORD BEECHAM

336AA

Page 195, line 15, at beginning insert—

“( ) A Health and Wellbeing Board may, for the purpose of enabling it to perform its functions, request information from any relevant clinical commissioning group or the National Commissioning Board in order that the progress toward achieving the outcomes set out in the integrated commissioning plan can be assessed.”

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

BARONESS MASHAM OF ILTON

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,”.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

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

LORD LOW OF DALSTON

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

LORD LOW OF DALSTON

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

BARONESS MASHAM OF ILTON

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

BARONESS MASHAM OF ILTON

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

LORD LOW OF DALSTON

 

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

BARONESS MASHAM OF ILTON

340

Page 226, line 42, at end insert—

“(c) to which section (Power to regulate health care support workers in England) (2) of the Health and Social Care Act 2011 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 240

EARL HOWE

344A

Page 237, line 23, leave out “its functions” and insert “any function it has under or by virtue of any other provision of this Part”

Clause 246

EARL HOWE

344B

Page 239, line 16, after “Consultation” insert “with any person”

Schedule 18

EARL HOWE

344C

Page 420, leave out lines 22 to 26

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 251

EARL HOWE

348ZA

Page 242, line 38, at end insert—

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

Clause 255

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

348A

Page 244, line 31, at end insert—

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

LORD WALTON OF DETCHANT

348B

Page 245, line 14, at end insert—

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

Clause 256

EARL HOWE

348BA

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

Clause 259

EARL HOWE

348BB

Page 247, line 31, leave out “other”

348BC

Page 247, line 32, leave out “other”

Clause 264

EARL HOWE

348BD

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

Schedule 20

EARL HOWE

348BE

Page 427, line 16, at end insert—

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

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

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

(b) after paragraph (e) insert “, or

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

348BF

Page 427, leave out lines 27 to 31

Clause 274

BARONESS FINLAY OF LLANDAFF

348C

Page 252, line 20, at end insert—

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

Clause 275

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

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

Before Clause 278

BARONESS MURPHY

349

Insert the following new Clause—

“Mental Health Act: members of Parliament

Repeal of section 141 of the Mental Health Act 1983

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

Clause 285

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

350

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

351

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

BARONESS FINLAY OF LLANDAFF

 

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

Clause 294

BARONESS FINLAY OF LLANDAFF

351A

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

351B

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

351C

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

351D

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

351E

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

EARL HOWE

352

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

(a) ”

353

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

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

Clause 300

BARONESS THORNTON

LORD BEECHAM

353ZZA

Page 270, line 24, at end insert—

“( ) section (health special administration);”

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

353ZA

Page 270, line 34, at end insert—

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

Clause 301

BARONESS MASHAM OF ILTON

353A

Page 272, line 1, leave out “voluntary”

353B

Page 272, line 3, leave out “voluntary”

After Clause 301

LORD KAKKAR

LORD PATEL

354

Insert the following new Clause—

“Review of the operation of the Act

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

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

Prepared 16th December 2011