Health and Social Care Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 6

LORD PATEL

 

Page 3, line 28, at end insert—

“(1A) Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority).”

Clause 25

THE EARL OF SANDWICH

 

Page 38, line 23, at end insert—

“14Y1 Duty as to addiction to benzodiazepines, selective serotonin reuptake inhibitors and Z-drugs

(1) Each clinical commissioning group shall have a duty to provide services to those suffering from addiction and withdrawal from benzodiazepines, selective serotonin reuptake inhibitors and Z-drugs.

(2) In fulfilling this duty, clinical commissioning groups must co-operate with and take account of the good practice of specialised agencies in this field.”

Clause 51

BARONESS CUMBERLEGE

 

Page 83, line 26, at end insert “and its Healthwatch England committee”

After Clause 51

BARONESS CUMBERLEGE

 

Insert the following new Clause—

“Scope of patient and public involvement

(1) In this Act the arrangements for involvement of individuals shall include—

(a) the provision of information;

(b) the opportunity to comment on information provided; and

(c) participation in the monitoring of the impact on the manner in which services are delivered to the individuals or the range of services available to them of the implementation of any planning, proposals or decisions to which such arrangements relate in accordance with this Act.

(2) The involvement of individuals to whom the services are being or may be provided shall include involvement of those individuals and their carers, directly or through representatives.

(3) Services to which the arrangements for involvement required to be made under this Act by a body must include services provided or to be provided by another person to individuals—

(a) at that body’s direction;

(b) on its behalf; or

(c) in accordance with an agreement or arrangements made by that body with that other person.

(4) Where arrangements for the involvement of individuals are required for a body under this Act, such arrangements shall relate to any of the functions of such bodies under this Act which would or might have an impact on the manner in which services are delivered to individuals or the range of services available to them.”

Clause 61

BARONESS CUMBERLEGE

 

Page 88, line 32, leave out subsection (7) and insert—

“(7) Monitor must make arrangements to secure that individuals to whom healthcare services are being or may be provided are involved in—

(a) decisions affecting the maintenance or improvement of the quality of services,

(b) determination of the interests of people who use healthcare services,

(c) considerations in relation to the integration of services as provided in subsections (4) and (5),

(d) the exercise of any other of its functions which would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them.”

After Clause 111

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

 

Insert the following new Clause—

“Expiry of section 111

(1) Section 111 shall cease to have effect in relation to a NHS Foundation Trust after whichever is the later of—

(a) April 2016,

(b) in the case of a Trust authorised on a date or after 1st April 2014, two years after that,

if the Secretary of State provides by order for that section to cease to have effect in relation to the Trust.

(2) An order under subsection (1) may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) Where the Secretary of State proposes to make an order under this section, the Secretary of State must seek the advice of Monitor which must consult the Care Quality Commission and such other persons as Monitor considers appropriate.”

Clause 180

BARONESS CUMBERLEGE

 

Page 177, line 35, at end insert—

“45AA Conflicts of interest

(1) In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.

(2) In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.

(3) In this section, “conflicts guidance” means guidance about managing conflicts between—

(a) the exercise of functions by the Commission, and

(b) the exercise of functions by the Healthwatch England committee on the Commission’s behalf.”

Clause 182

BARONESS CUMBERLEGE

 

Page 180, line 14, at end insert—

“(2) For subsection (1) substitute—

“(1) Unless a Local Healthwatch decides to make its own arrangements, A must make arrangements for securing that the Local Healthwatch 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 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 Local Healthwatch in that year for the purpose of performing its functions.”

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

Clause 183

BARONESS CUMBERLEGE

 

Page 181, line 4, leave out “activities” and insert “its functions”

 

Page 181, line 22, leave out subsection (9) and insert—

“(9) In subsection (1)—

(a) after “which” insert “include—

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

(ii) provision that arrangements made under section 221(1) (“local authority arrangements”) must—

(a) include prescribed provision, or

(b) require prescribed provision to be included in Local Healthwatch arrangements.”;

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

Prepared 3rd February 2012