Health and Social Care Bill

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

Clause 23

BARONESS CUMBERLEGE

215B*

Page 42, line 4, at end insert “and to each relevant Local Healthwatch organisation”

215C*

Page 42, line 10, after “Board” insert “and “relevant Local Healthwatch organisation””

215D*

Page 42, line 11, at end insert “or Local Healthwatch organisation”

216ZBB*

Page 43, line 40, at end insert—

“14Z12A Opinion of Local Healthwatch organisations on commissioning plans

(1) A relevant local Healthwatch organisation—

(a) must give the Board its opinion on whether a plan published by a clinical commissioning group under section 14Z9(4) or 14Z10(2) 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.”

After Clause 31

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

236AA*

Insert the following new Clause—

“Local NHS Commissioning Boards

(1) There are to be bodies corporate known as Local NHS Commissioning Boards.

(2) Each Local NHS Commissioning Board has the function of strategic commissioning within their area, including the issue of guidance to clinical commissioning groups.

(3) Each Local NHS Commissioning Board has the function of cooperating with local authorities in their area.

(4) Each Local NHS Commissioning Board has the function of holding the contracts of any general practitioners contracted to provide primary medical services within their area.

(5) Each Local NHS Commissioning Board has the function of establishing and maintaining a system of re-validation of doctors within their area including the appointment of a responsible officer.

(6) A NHS Local Commissioning Board shall have a board of directors.

(7) The board of directors shall consist of—

(a) executive directors, one of whom must be the chief executive and accounting officer;

(b) non-executive directors, one of who must be the chairman.

(8) One of the executive directors must be—

(a) the finance director;

(b) the medical director; and

(c) the director of nursing.

(9) Regulations may make further provision as to the governance of NHS Local Commissioning Boards.

(10) Each Local NHS Commissioning Board is subject to directions issued by the NHS Commissioning Board on the exercise of its functions.”

Clause 49

BARONESS CUMBERLEGE

240A*

Page 83, line 5, at end insert “, and the extent to which their detailed merits, powers and programmes of work are clear and avoid any duplication or gaps in comparison with other healthcare organisations.”

243ZA*

Page 83, line 16, at end insert “, and the extent to which their detailed merits, powers and programmes of work are clear and avoid any duplication or gaps in comparison with other healthcare organisations.”

Clause 178

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.”

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,”.”

Clause 180

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”.”

Clause 181

BARONESS CUMBERLEGE

321C*

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

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”.”

Prepared 22nd November 2011