Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Revised Marshalled List]

Clause 12

LORD RAMSBOTHAM

 

Page 7, line 28, at end insert—

“( ) the assessment of pre-school age children’s communication skills;”

Clause 17

LORD RAMSBOTHAM

 

Page 13, line 6, at end insert—

“(d) for integrated care partnership with local authorities.”

Clause 23

LORD RAMSBOTHAM

 

Page 37, line 29, at end insert—

“(d) improve communication skills in children and young people”

 

Page 44, line 24, after “14V” insert “, 14Y”

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

Page 48, line 29, at end insert—

“14Z21A Declaration of financial interests

A person who is a provider of primary medical services must declare any financial interest that person may have in a commissioning decision by a clinical commissioning group of which he or she is a member and must absent him or herself from the making of any such decision.”

Clause 37

LORD PATEL OF BRADFORD

 

Leave out Clause 37 and insert the following new Clause—

“37 After-care

(1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.

(2) In subsection (2)—

(a) after “duty of the” insert “clinical commissioning group or”,

(b) omit “Primary Care Trust or” in each place it appears,

(c) for “such time as the” substitute “such time as (in relation to England) the clinical commissioning group or”.

(3) After subsection (2C) insert—

“(2D) Subsection (2) above, in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”.

(2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) above is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board.

(2F) Where regulations under subsection (2E) above provide that the duty imposed by subsection (2) above is to be imposed on the National Health Service Commissioning Board, subsections (2D) and (2E) above have effect as if references to the clinical commissioning group were references to the National Health Service Commissioning Board.

(2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) above as it applies to a power to make regulations under that Act.”

(4) In subsection (3)—

(a) after “section “the” insert “clinical commissioning group or”,

(b) omit “Primary Care Trust or” in each place it appears, and

(c) after “means the”, in the first place it appears, insert “clinical commissioning group or”.

(5) In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of the Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.”

After Clause 46

LORD PATEL OF BRADFORD

LORD NOON

 

Insert the following new Clause—

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

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

“1DA Duty as to promoting equality of provision

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

Clause 59

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

BARONESS JOLLY

 

Page 87, line 20, leave out from “services” to the 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”

Clause 63

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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

 

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.”

 

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

 

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

 

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 71

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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.”

Clause 72

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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

Clause 74

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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

 

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

Clause 76

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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

 

Page 99, line 2, at end insert—

“( ) Healthwatch England.”

Clause 95

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

Page 108, line 16, at end insert—

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

Clause 96

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD CLEMENT-JONES

LORD PATEL

 

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,”

Clause 191

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

Page 192, line 21, at end insert—

“( ) a representative of community pharmacy”

LORD RAMSBOTHAM

 

Page 192, line 21, at end insert—

“( ) a representative of the probation service,

( ) a representative of the police,”

Prepared 27th October 2011