Health and Social Care Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 1

BARONESS FINLAY OF LLANDAFF

 

Page 2, line 6, at end insert “, and

“(c) in the education and training of doctors”

After Clause 2

LORD HENNESSY OF NYMPSFIELD

BARONESS WILLIAMS OF CROSBY

 

Insert the following new Clause—

“The Secretary of State’s duty as to the NHS Constitution

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

“1AA Duty as to NHS Constitution

“(1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution.

(2) In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act).””

After Clause 7

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Insert the following new Clause—

“The Secretary of State’s duty as to preventing bureaucracy

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

“1G Duty as to preventing bureaucracy

In exercising functions in relation to the health service, the Secretary of State must, so far as in consistent with the interests of the health service, act with a view to securing—

(a) that the NHS Commissioning Board shall exercise its functions in relation to the health service with a minimum level of management tiers, and

(b) that any other person exercising functions in relation to the health service must have regard to the need to curb bureaucracy.””

Clause 9

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 5, line 3, at end insert—

“( ) Each clinical commissioning group has the function of safeguarding the comprehensive provision of NHS services.”

Clause 22

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 16, line 16, after “a” insert “draft”

 

Page 17, line 9, at end insert—

“( ) A mandate becomes finalised through an affirmative resolution of each House of Parliament.”

BARONESS FINLAY OF LLANDAFF

 

Page 18, line 40, leave out “advice appropriate” and insert “appropriate advice from a range of health professionals across the care pathway”

 

Page 19, line 16, at end insert—

“13LA Duty to provide training of clinical staff

The Board must, in the exercise of its functions, have regard to the need to promote adequate training of clinical staff in any provider from which it commissions services for NHS patients, whether that provider be NHS or private.”

Clause 24

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 35, line 9, at end insert—

“( ) provide for the chair and non-executive members of each governing body to be appointed using an independent process, the details of which are to be laid out in regulations”

 

Page 35, line 9, at end insert—

“( ) provide that the members of governing bodies must include a majority of non-executive members;”

 

Page 35, line 15, at end insert—

“( ) that one of the non-executive members should be a member of the relevant local authority”

Schedule 2

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 281, line 8, after second “a” insert “valid”

 

Page 281, line 8, at end insert—

“( ) For the purposes of this Act, a valid constitution is one which has been approved by order of both Houses of Parliament in accordance with section 300 of the Health and Social Care Act 2012.”

BARONESS FINLAY OF LLANDAFF

 

Page 281, line 34, at end insert—

“( ) Clinical Commissioning Groups must maintain a publicly accessible register of all potential conflicts of interest of those individuals involved in any part of the commissioning process.

( ) The Secretary of State must issue guidance on how conflicts of interest should be dealt with by commissioning consortia as part of their decision making.

( ) Clinical Commissioning Groups must have regard to that guidance.”

Clause 25

BARONESS FINLAY OF LLANDAFF

 

Page 37, line 19, leave out “advise appropriate” and insert “appropriate advice from a range of health professionals across the care pathway”

 

Page 37, line 23, at end insert—

“( ) Health professionals who sit on CCG boards must be local to the area that the CCG covers.”

 

Page 37, line 36, at end insert—

“14XA Duty to promote training of clinical staff

“Each clinical commissioning group must, in the excercise of its functions, have regard to the need to promote adequate training of clinical staff in any provider from which it commissions services for NHS patients, whether that provider be NHS or private.”

Clause 26

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 52, line 31, leave out from beginning to the end of line 32 on page 53

Schedule 4

LORD HENNESSY OF NYMPSFIELD

BARONESS WILLIAMS OF CROSBY

 

Page 322, line 11, at end insert—

“( ) After the entry for “LPS scheme” insert—

“NHS Constitution Section 1AA(2)”.”

After Clause 59

LORD PATEL

 

Insert the following new Clause—

“Employment conditions for public health specialists

Any registered public health specialist or other person employed in the exercise of public health functions by a local authority or in an executive agency of the Department of Health shall be employed on terms and conditions of service no less favourable than those of persons in equivalent employment in the National Health Service.”

Clause 61

BARONESS FINLAY OF LLANDAFF

 

Page 88, line 5, at end insert—

“( ) Monitor must exercise its functions with a view to preventing anti-collaborative behaviour in the provision of health care services for the purposes of the NHS.”

Clause 64

BARONESS FINLAY OF LLANDAFF

 

Page 90, line 24, at end insert—

“( ) the need to secure and protect the education and training of the future health care workforce,”

Clause 65

BARONESS FINLAY OF LLANDAFF

 

Page 90, line 39, leave out from “that” to end of line 40 and insert “action is taken to ensure that integrated working is promoted”

Clause 95

BARONESS FINLAY OF LLANDAFF

 

Page 108, line 13, at end insert—

“(12) Monitor must consider education and training when setting its licence conditions.”

Clause 163

BARONESS FINLAY OF LLANDAFF

 

Page 159, line 35, at end insert—

“( ) NHS hospitals may provide private care as long as it is not detrimental to providing a public health service.”

Clause 180

BARONESS TYLER OF ENFIELD

BARONESS MASSEY OF DARWEN

 

Page 177, line 10, leave out “people” and insert “adults and children”

Clause 182

BARONESS TYLER OF ENFIELD

BARONESS MASSEY OF DARWEN

 

Page 180, line 14, at end insert—

“( ) In subsection (2)(a), (b) and (c) for “people” substitute “adults and children”.”

After Clause 232

BARONESS FINLAY OF LLANDAFF

 

Insert the following new Clause—

“Statutory registration

(1) The Health Professions Council shall establish a statutory register of clinical perfusionists.

(2) In this Act “registered clinical perfusionists” means a person recognised as such on a register maintained by the statutory body responsible for the regulation of clinical perfusionists.”

Clause 236

LORD RIBEIRO

 

Page 236, line 29, at end insert—

“( ) But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to—

(a) the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006;

(b) the exercise by an authority of any of its functions by virtue of section 6C(1) or (3) of that Act;

(c) anything done by an authority in pursuance of arrangements under section 7A of that Act.”

 

Page 236, line 31, leave out “other than a local authority”

Clause 300

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

Page 269, line 22, at end insert—

“( ) an order under Schedule 2, Part 1 (Constitution of Clinical Commissioning Groups);

Prepared 6th February 2012