Health and Social Care Bill

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

Clause 2

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 2, line 23, after first “the” insert “efficiency and”

 

Page 2, line 24, leave out “and”

BARONESS BAKEWELL

 

Page 2, line 25, at end insert—

“( ) These outcomes should not exclude sections of the population due to age.”

Clause 3

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 2, line 34, after “people” insert “and between communities”

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

[In substitution for Amendment 28]

 

Page 2, line 34, after “to” insert “—

(a) inequalities in health status, outcomes and experience,

(b) the outcomes achieved for them by the provision of those services,

(c) their ability to access such services, and

(d) ”

Clause 9

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 5, line 11, after “health” insert “and reduction of health inequalities”

 

Page 5, line 13, after “people” insert “and reducing health inequalities between people and between communities”

 

Page 5, line 15, after “people” insert “and reducing health inequalities between people and between communities”

Clause 20

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 17, line 14, at end insert—

“13DA Duty as to commissioning of services

In carrying out its duties in respect of the commissioning of services, the Board must in the exercise of its functions have regard to the interdependency of services and the impact that the arrangements for the provision for one service may have on the financial and clinical sustainability of other services.”

 

Page 18, line 7, at end insert—

“( ) reduce inequalities in health status, outcomes and experience between people and between communities in England”

 

Page 18, line 7, at end insert—

“( ) In having regard to inequalities, the Board shall have particular regard for—

(a) age;

(b) disability;

(c) gender reassignment;

(d) marriage and civil partnership;

(e) pregnancy and maternity;

(f) race;

(g) religion and belief;

(h) gender;

(i) sexual orientation;

(j) geographical variation;

(k) socio-economic variation.”

BARONESS BAKEWELL

 

Page 21, line 39, at end insert—

“( ) how effectively the NHS services meet the needs of the older population”

Clause 23

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 36, line 3, at end insert—

“14PA Duty as to commissioning services

In carrying out its duties in respect of the commissioning of services, each commissioning consortium must in the exercise of its functions have regard to the interdependency of services and the impact that the arrangements for the provision for one service may have on the financial and clinical sustainability of other services.”

 

Page 36, line 30, at end insert—

“( ) reduce inequalities in health status, outcomes and experience between people and between communities in their area, and in England”

 

Page 36, line 30, at end insert—

“( ) In having regard to inequalities, each clinical commissioning group shall have particular regard for—

(a) age;

(b) disability;

(c) gender reassignment;

(d) marriage and civil partnership;

(e) pregnancy and maternity;

(f) race;

(g) religion and belief;

(h) gender;

(i) sexual orientation;

(j) geographical variation;

(k) socio-economic variation.”

Clause 30

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 58, line 11, at end insert—

“(3) This section comes into force on a date to be specified by order by the Secretary of State.

(4) The time specified in subsection (3) must be after such time as the Secretary of State is satisfied that all duties and functions of Strategic Health Authorities are being fulfilled by another body.”

Schedule 4

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 289, line 35, at end insert—

“( ) This general power does not affect Chapter 1 of Part 7 (pharmaceutical services).”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 299, line 21, at end insert—

“(2B) Prior to the Board concluding any arrangements for the provision of primary medical services by any person under subsection (2), including any contractual arrangements with any person other than a general medical services contract under section 84 of this Act, the Board shall—

(a) disclose the nature of the proposed arrangements for the provision of primary medical services to each of the Health and Wellbeing Boards for the area in which the primary medical services are due to be provided under the proposed arrangements (referred in this section as a “relevant Health and Wellbeing Board”);

(b) provide any further information in relation to the proposed arrangements which is sought in writing by each relevant Health and Wellbeing Board;

(c) obtain the written consent from each relevant Health and Wellbeing Board to the proposed arrangements;

(2C) In the event that the Secretary of State certifies that in his or her opinion consent for the arrangements is being unreasonably withheld or refused by any relevant Health and Wellbeing Board, the Secretary of State shall be entitled to give a direction to the Board to enter into arrangements notwithstanding the absence of consent by the relevant Health and Wellbeing Board.

(2D) The direction making power under subsection (2C) shall not be delegated by the Secretary of State to any person apart from a Minister of State.

(2E) Unless the Board considers that it is necessary to make interim arrangements to provide short term emergency primary medical services in a particular area or the Secretary of State has given a direction under subsection (2C), no primary care medical services shall be provided by any person under subsection (2) until each relevant Health and Wellbeing Board has provided its consent to the proposed arrangements.”

Clause 59

BARONESS BAKEWELL

 

Page 87, line 13, after “services” insert “and adult social care services”

 

Page 87, line 14, after “services” insert “and adult social care services”

 

Page 87, line 18, at end insert “and adult social care services”

 

Page 87, line 20, after “services” insert “and adult social care services”

 

Page 87, line 22, at end insert “and adult social care services”

 

Page 87, line 32, after “services” insert “and adult social care services”

 

Page 87, line 35, after “services” insert “and adult social care services”

 

Page 87, line 39, after “services” insert “and adult social care services”

 

Page 87, line 41, at end insert “and adult social care services”

 

Page 88, line 7, after “services” insert “and adult social care services”

 

Page 88, line 21, after “services” insert “and adult social care services”

Clause 193

LORD BEECHAM

BARONESS WHEELER

 

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 300

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

 

Page 270, line 34, at end insert—

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

Prepared 28th October 2011