Health and Social Care Bill

FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 1st February 2012, as follows—

Clause 60
Schedule 8
Clauses 61 to 75
Schedule 9
Clauses 76 to 101
Schedule 10
Clauses 102 to 107
Schedule 11
Clauses 108 to 120
Schedule 12
Clauses 121 to 149
Schedule 13
Clauses 150 to 178
Schedule 14
Clauses 179 to 181
Schedule 15
Clauses 182 to 230
Schedule 16
Clause 231
Schedule 17
Clauses 232 to 248
Schedule 18
Clauses 249 to 251
Schedule 19
Clauses 252 to 273
Schedule 20
Clauses 274 to 276
Schedule 21
Clauses 277 to 293
Schedule 22
Clauses 294 to 296
Schedules 23 and 24
Clauses 297 to 305

[Amendments marked * are new or have been altered]

Before Clause 60

LORD WARNER

LORD PATEL

BARONESS PITKEATHLEY

BARONESS HOLLINS

[In substitution for Amendment 161A]

163AA

Insert the following new Clause—

“PART 2A Standards of adult social care

Secretary of State duty as to the standards of adult social care

(1) The Secretary of State shall have a duty to secure the improvement in the quality of adult social care services through local social services authorities and qualified service providers registered with the Care Quality Commission.

(2) In discharging this duty, the Secretary of State must ensure—

(a) the establishment of a fair and resilient partnership between individuals and the state for funding adult social care that—

(i) secures adequate funding to deliver safe and sustainable services,

(ii) provides access to these services for those of limited means,

(iii) caps the financial liability to pay for services for those with unusually high lifetime care costs,

(iv) minimises the impact on the demand for health services,

(b) that the assessment of the needs of individuals and their carers for services is undertaken on the basis of published criteria for eligibility to and charging for services that applies consistently throughout England,

(c) that continuing efforts are made to reduce barriers to the delivery of integrated health and adult social care to individuals and through the conduct of commissioners and providers of both health and social care services.

(3) The Secretary of State may, after appropriate consultations, make regulations governing the discharge of his duties under subsections (1) and (2), subject to affirmative resolutions in both Houses of Parliament.”

163B

[Withdrawn]

Clause 60

BARONESS THORNTON

LORD BEECHAM

163BA

Page 87, line 31, at end insert—

“(c) is to continue as regulator of NHS Foundation Trusts as set out in Chapter 5 of Part 2 of the National Health Service Act 2006.”

163BC

[Withdrawn]

Schedule 8

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

163C

Page 368, line 17, after “functions” insert—

“(b) include a statement of what it did to comply with the duty under section (Secretary of State’s guidance on duty under section 61(9))(2) (duty to have regard to Secretary of State’s guidance on duty under section 61(9)), and

(c) include a statement of what it did to comply with the duty under section 64(1)(ja) (duty to have regard to Secretary of State’s guidance on relevant parts of document on improving quality of services).”

Clause 61

BARONESS THORNTON

LORD BEECHAM

163D

Page 87, line 37, after “effective,” insert—

“( ) is based on the principles of universality and social solidarity,”

163E

Page 87, line 38, at end insert—

“(1A) The role of Monitor as the Independent Regulator of Foundation Trusts shall continue.”

163F

Page 88, line 3, leave out subsection (3) and insert—

“( ) Monitor shall be under a duty (known as the “duty of cooperation”) to ensure that any provider organisation which is regulated by it shall both plan to provide and shall provide its services in ways that promote efficient and effective cooperation between providers of health care services as part of health services provided under this Act, and in particular shall both plan and provide services that further the objectives of—

(a) improving the quality of services for patients from all providers under subsection (1A);

(b) reducing inequalities between persons with respect to their ability to access those health care services;

(c) reducing inequalities between persons with respect to of health outcomes.

( ) The Secretary of State shall publish guidance to Monitor and providers if NHS services regarding the exercise of the duty of cooperation, and where such guidance is published, NHS providers and Monitor shall pay due regard to the guidance in the discharge of their functions.

( ) Regulations may require NHS providers to take such steps as are prescribed as part of the duty of cooperation.”

LORD WARNER

164

Page 88, line 3, after “to” insert “identifying and”

BARONESS FINLAY OF LLANDAFF

165

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.”

BARONESS CUMBERLEGE

BARONESS JOLLY

166

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), and

(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.”

BARONESS THORNTON

LORD BEECHAM

166A

Page 88, line 45, leave out subsection (10)

After Clause 61

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

166B

Insert the following new Clause—

“Secretary of State’s guidance on duty under section 61(9)

(1) The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 61(9), publish guidance on—

(a) the objectives specified in the mandate published under section 13A of the National Health Service Act 2006 which the Secretary of State considers to be relevant to Monitor’s exercise of its functions, and

(b) the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its functions.

(2) In exercising its functions, Monitor must have regard to guidance under subsection (1).

(3) Where the Secretary of State publishes guidance under subsection (1), the Secretary of State must lay a copy of the published guidance before Parliament.

(4) The Secretary of State—

(a) may revise guidance under subsection (1), and

(b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.”

Clause 62

BARONESS THORNTON

LORD BEECHAM

166C

Page 89, line 12, leave out subsection (2)

Clause 63

LORD HUNT OF KINGS HEATH

167

Page 89, line 33, at end insert—

“( ) Regulations under this section shall not limit the right of an adult with capacity to refuse medical diagnosis, testing and treatment of any kind.”

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

167A

Page 89, line 34, at end insert—

“( ) Regulations may provide for Monitor to make the granting of a licence conditional upon performance in relation to matters set out as in section 64.”

BARONESS THORNTON

LORD BEECHAM

167B

Leave out Clause 63

Clause 64

EARL HOWE

168

Page 90, leave out line 2 and insert—

“(1) In exercising its functions, Monitor must have regard, in particular, to—”

169

Page 90, line 3, at end insert—

“(2) Monitor must, in exercising its functions, also have regard to the following matters in so far as they are consistent with the matter referred to in subsection (1)—”

170

Page 90, line 5, at end insert “and in the efficiency of their provision”

171

Page 90, line 6, leave out paragraph (c)

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

171A

Page 90, line 8, at end insert—

“(d) the desirability of a full transfer of information from authorities responsible for a child’s social care to the authority responsible for that person’s adult social care at the time the transfer takes place; and where no other date has been agreed, the date for transfer shall be the date on which the patient reaches the age of eighteen,

(e) the desirability of an assessment at, or about, the time they transfer from child social care services to adult social care services, of a patient’s ongoing care needs and of the quality of care and treatment, if any, he or she has received as a child,”

EARL HOWE

172

Page 90, line 20, leave out paragraph (h)

BARONESS FINLAY OF LLANDAFF

173

Page 90, line 24, at end insert—

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

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

173A

Page 90, line 27, at end insert—

“(ja) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions,”

173B

Page 90, line 28, leave out paragraphs (k) to (m)

173C

Page 90, line 36, at end insert—

“( ) Where the Secretary of State publishes guidance referred to in subsection (2)(ja), the Secretary of State must lay a copy of the published guidance before Parliament.

( ) The Secretary of State—

(a) may revise the guidance, and

(b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.”

Clause 65

BARONESS FINLAY OF LLANDAFF

174

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”

174ZA

[Withdrawn]

BARONESS YOUNG OF OLD SCONE

174A

Page 91, line 20, at end insert—

“( ) a matter likely to have a significant impact on the integration of services”

Clause 69

EARL HOWE

175

Page 93, line 38, after “Monitor’s” insert “, other than a function it has by virtue of section 70 or 71,”

LORD MARKS OF HENLEY-ON-THAMES

EARL HOWE

176

Page 94, leave out lines 8 and 9 and insert—

“( ) For the purposes of this section—

(a) a failure to perform a function includes a failure to perform it properly, and

(b) a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.”

Before Clause 70

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

177

Insert the following new Clause—

“Service of general economic interest

The provision of the health service is a service of general economic interest within the meaning of Article 106 of the Treaty of the Functioning of the European Union.”

After Clause 72

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

178

Insert the following new Clause—

“Duty of co-operation

For section 72 of the National Health Service Act 2006 (co-operation between NHS bodies) substitute—

“72 Duty of co-operation

(1) It is the duty of each NHS provider of health care services to co-operate with—

(a) other such providers (whether providing the same or different types of health care services for the same or different areas),

(b) persons providing health-related services, or

(c) persons providing social care services.

(2) In carrying out their duty of co-operation, NHS providers of healthcare must have regard in particular to co-operating in the integration of health care services with health-related services or with social care services, as the case may be, where they consider this would—

(a) improve the quality of health services (including the outcomes that are achieved from the provision of those services) or the efficiency of their provision,

(b) reduce inequalities between persons with respect to their ability to access those services, or

(c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.

(3) For the purposes of this section—

(a) “NHS provider of health care services” means NHS Foundation Trusts and Care Trusts,

(b) “health-related services” and “social care services” have the same meaning as in section 61 of the Health and Social Care Act 2012.””

Clause 73

BARONESS THORNTON

LORD BEECHAM

178A

Page 96, line 30, at end insert—

“(5) An NHS commissioner shall be entitled to undertake a review (“a Commissioning Review”) of all or any part of the health services that the NHS commissioner considers are reasonably required in order to discharge its functions under this Act, and, upon completion of such a Commissioning Review, an NHS Commissioner shall be entitled to determine that the most appropriate way to deliver all or any part of such services shall be through the conclusion of arrangements with one or more health services bodies or one or more NHS Foundation Trusts.

(6) NHS Commissioners shall, when conducting a Commissioning Review, have regard to the following factors—

(a) the need for NHS services to be provided in a way that is economic, efficient and effective;

(b) the need to commission services in a way that maintains or improves the quality of the services;

(c) the need to commission health services in a way that promotes the integration of health and social care services;

(d) the need for health care services provided for the purposes of the NHS to be provided in an integrated way where this will—

(i) improve the quality of those services (including the outcomes that are achieved from their provision) or the efficiency of their provision,

(ii) reduce inequalities between persons with respect to their ability to access those services, and

(iii) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services;

(e) the likely future demand for health care services;

(f) the desirability of patient choice.

(7) An NHS commissioner shall be entitled, as part of any Commissioning Review, to seek expressions of interest from health services bodies or from NHS Foundation Trusts which may have an interest in providing such services, and shall be entitled to undertake such processes as it shall consider appropriate to determine which of such bodies is able most appropriately to provide any such services.

(8) A Commissioning Review and decisions made following a Commissioning Review to make arrangements with one or more health services bodies or NHS Foundation Trusts shall not constitute anti-competitive behaviour for the purposes of this or any other Act.

(9) The Public Contracts Regulations 2006 shall not impose any obligations on an NHS commissioner which undertakes a Commissioning Review or makes decisions to make arrangements with one or more health services bodies or NHS Foundation Trusts following a Commissioning Review.

(10) Regulations under this section shall not impose obligations on an NHS commissioner undertaking a Commissioning Review.

(11) The NHS Commissioning Board may, after consultation with Monitor, publish guidance to NHS Commissioners concerning Commissioning Reviews.

(12) The National Health Service Act 2006 shall be amended by adding the following after section 9(4)(r)—

“(s) An NHS Foundation Trust”.”

Clause 76

EARL HOWE

LORD CLEMENT-JONES

179

Page 98, line 26, after “(1)(a)” insert “or (b)”

180

Page 98, line 32, at end insert—

“( ) Before publishing guidance revised under subsection (4), Monitor must consult the persons mentioned in subsection (2).”

Clause 77

EARL HOWE

181

Page 98, line 34, leave out subsection (1) and insert—

“( ) For the purposes of Part 3 of the Enterprise Act 2002 (completed and anticipated mergers), each of the following cases is to be treated as being (in so far as it would not otherwise be) a case in which two or more enterprises cease to be distinct enterprises.”

182

Page 98, line 37, leave out “have ceased” and insert “cease”

183

Page 98, line 40, leave out “have ceased” and insert “cease”

LORD CLEMENT-JONES

184

Page 98, line 40, at end insert—

“(3A) Where the Office of Fair Trading decides to carry out an investigation under Part 3 of the Enterprise Act 2002 of a matter involving an NHS foundation trust, it must as soon as reasonably practicable notify Monitor.

(3B) As soon as reasonably practicable after receiving a notification under subsection (3A), Monitor must provide the Office of Fair Trading with advice on—

(a) the effect of the matter under investigation on benefits (in the form of those within section 30(1)(a) of the Enterprise Act 2002 (relevant customer benefits)) for people who use health care services provided for the purpose of the NHS, and

(b) such other matters relating to the matter under investigation as Monitor considers appropriate.”

BARONESS THORNTON

LORD BEECHAM

184A

Leave out Clause 77

Clause 78

EARL HOWE

185

Page 99, line 5, leave out paragraph (a) and insert—

“(a) the effectiveness of competition in the provision of health care services for the purposes of the NHS in promoting the interests of people who use such services,”

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

LORD TURNBERG

186

Leave out Clause 78

Clause 79

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

187

Leave out Clause 79

Clause 80

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

188

Leave out Clause 80

189

[Withdrawn]

Clause 87

EARL HOWE

190

Page 104, line 36, leave out subsection (3) and insert—

“(3) Monitor may not set or revise the criteria unless the Secretary of State has by order approved the criteria or (as the case may be) revised criteria.”

Clause 95

LORD PATEL

LORD WARNER

BARONESS CUMBERLEGE

191

Page 107, line 35, at end insert—

“( ) Local Healthwatch,

( ) the appropriate health and wellbeing board,”

BARONESS FINLAY OF LLANDAFF

192

Page 108, line 13, at end insert—

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

Clause 97

EARL HOWE

LORD CLEMENT-JONES

193

Page 109, line 13, at end insert—

“(da) for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);

(db) for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);

(dc) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);”

EARL HOWE

194

Page 109, line 22, at end insert—

“(2A) The objectives referred to in subsection (2)(da), (db) and (dc) are—

(a) improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,

(b) reducing inequalities between persons with respect to their ability to access those services, and

(c) reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services.”

195

Page 109, line 29, at end insert—

“( ) In subsection (2)(db), “health-related services” and “social care services” each have the meaning given in section 61(11).”

Clause 98

BARONESS FINLAY OF LLANDAFF

LORD WALTON OF DETCHANT

196

Page 109, line 32, at end insert—

“( ) requiring the licence holder to hold indemnity, for the services provided, which will remain valid for the lifetime of patients treated,”

After Clause 99

LORD WARNER

196ZA

Insert the following new Clause—

“Notification of commissioners where continuation of services at risk

(1) This section applies where Monitor—

(a) takes action in the case of a licence holder in reliance on a condition in the licence under section 98(1)(i), (j) or (k), and

(b) does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.

(2) In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.

(3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning Board and such clinical commissioning groups as Monitor considers appropriate—

(a) of the action it has taken, and

(b) of its reasons for being satisfied as mentioned in subsection (1)(b).

(4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).

(5) The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of healthcare services for the purposes of the NHS.”

Clause 101

BARONESS THORNTON

LORD BEECHAM

196A

Leave out Clause 101

Clause 102

BARONESS THORNTON

LORD BEECHAM

196B

Leave out Clause 102

Clause 111

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS MURPHY

197

Page 119, line 24, leave out subsection (2)

After Clause 111

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

198

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, or

(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 112

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS MURPHY

199

Leave out Clause 112

Clause 113

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS MURPHY

200

Leave out Clause 113

Clause 114

LORD CLEMENT-JONES

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BARKER

BARONESS MURPHY

201

Leave out Clause 114

Clause 116

BARONESS THORNTON

LORD BEECHAM

201A

Page 123, line 6, leave out “Monitor” and insert “Regulations must provide and the Secretary of State”

201B

Page 123, line 14, at end insert—

“( ) The regulations must be accompanied by a full statement of how the various prices and methods were determined.

( ) Regulations must also set out how any proposal for a change to any national price of for a method to be used will be subject to proper evaluation and testing, with the results being published, prior to any implementation.

( ) Before publishing any regulations under this section, the Secretary of State must consult with Monitor, and publish his response.”

201C

Page 124, line 5, leave out subsections (9) and (10)

Clause 117

LORD DAVIES OF STAMFORD

LORD WARNER

201D

Page 125, line 14, at end insert—

“(5A) Where the Commissioner of a health service receives an offer from a service provider licenced under section 80 at a price below the price that is payable by virtue of this Chapter, the commissioner shall seek the agreement of Monitor before placing any order for this service.

(5B) Before acceding to a request from a commissioner in accordance with subsection (5A), Monitor shall satisfy itself that—

(a) the quality of the service to be provided will not be inferior to the same service provided by another supplier at the price payable by virtue of this Chapter, and

(b) there will be no consequent unacceptable impact on the structure or capabilities of the NHS.

(5C) Subject to the considerations under subsection (5B), Monitor shall not unreasonably withhold its consent.”

Clause 118

EARL HOWE

202

Page 125, line 18, leave out “licence holder” and insert “relevant provider”

203

Page 127, line 9, at end insert—

“(13A) In this section, a “relevant provider” is—

(a) a licence holder, or

(b) such other person, of such description as may be prescribed, as provides health care services for the purposes of the NHS.”

204

Page 127, line 10, leave out subsection (14)

BARONESS THORNTON

LORD BEECHAM

204A

Leave out Clause 118

Clause 119

BARONESS THORNTON

LORD BEECHAM

204B

Leave out Clause 119

Clause 120

EARL HOWE

205

Page 127, line 38, leave out “licence holders” and insert “relevant providers”

206

Page 128, line 1, leave out “licence holders” and insert “relevant providers”

207

Page 128, line 7, leave out “licence holders” and insert “relevant providers”

208

Page 128, line 10, leave out “licence holders” and insert “relevant providers”

209

Page 128, line 21, leave out “licence holder’s” and insert “relevant provider’s”

210

Page 128, line 22, at end insert—

“( ) In this section and section 121 and Schedule 12, “relevant provider” has the meaning given in section 118(13A).”

211

Page 128, line 23, leave out subsection (7)

BARONESS THORNTON

LORD BEECHAM

211A

Leave out Clause 120

Schedule 12

EARL HOWE

212

Page 381, line 18, leave out “licence holder” and insert “relevant provider”

Clause 121

EARL HOWE

213

Page 128, line 32, leave out “licence holders” and insert “relevant providers”

214

Page 129, line 20, leave out “licence holders” and insert “relevant providers”

BARONESS THORNTON

LORD BEECHAM

214A

Leave out Clause 121

Clause 122

BARONESS THORNTON

LORD BEECHAM

214B

Leave out Clause 122

Clause 123

BARONESS THORNTON

LORD BEECHAM

214C

Leave out Clause 123

Clause 124

BARONESS THORNTON

LORD BEECHAM

214D

Page 130, line 34, at end insert—

“( ) Regulations must provide guidance on the circumstances in which there can be any agreement to a local variation in the price payable as set out in the national tariff to the provider of health care service.”

214E

Page 130, line 44, at end insert “and the Board”

214F

Page 131, line 9, at end insert “Health and Wellbeing Boards,”

After Clause 125

LORD WARNER

214G

Insert the following new Clause—

“Applications under section 125: notification of commissioners

(1) This section applies where Monitor—

(a) receives an application under section 125, and

(b) is satisfied that the continued provision for the purposes of the NHS of health care services to which a condition in the applicant’s licence under section 98(1)(i), (j) or (k) applies is being put at significant risk by the configuration of certain health care services provided for those purposes.

(2) In subsection (1), a reference to the provision of services is a reference to their provision by the applicant or any other provider.

(3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning Board and such clinical commissioning groups as Monitor considers appropriate—

(a) of its receipt of the application, and

(b) of its reasons for being satisfied as mentioned in subsection (1)(b).

(4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).

(5) The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of healthcare services for the purposes of the NHS.”

Clause 126

EARL HOWE

215

Page 132, line 16, leave out “licence holder” and insert “relevant provider”

216

Page 132, line 25, at end insert—

“( ) In this section, “relevant provider” has the meaning given in section 118(13A).”

Clause 127

BARONESS THORNTON

LORD BEECHAM

216A

Leave out Clause 127

Clause 128

BARONESS THORNTON

LORD BEECHAM

216B

Leave out Clause 128

Clause 129

BARONESS THORNTON

LORD BEECHAM

216C

Leave out Clause 129

Clause 130

BARONESS THORNTON

LORD BEECHAM

216D

Leave out Clause 130

Clause 131

BARONESS THORNTON

LORD BEECHAM

216E

Leave out Clause 131

Clause 132

BARONESS THORNTON

LORD BEECHAM

216F

Leave out Clause 132

After Clause 132

LORD WARNER

LORD PATEL

BARONESS WILLIAMS OF CROSBY

217

Insert the following new Clause—

“Action prior to health special administration orders

(1) Monitor shall publish annually a report to the National Commissioning Board with evidence on any trusts that it considers are at serious risk of requiring a health special administration order and make this report available to the Secretary of State and the relevant clinical commission groups and health and wellbeing boards.

(2) It shall be for the Board and the relevant local organisations to establish an appropriate mechanism to review the services concerned and to produce within six months a report to Monitor indicating how those services can be made clinically and financially sustainable and the extent to which the proposed changes have been agreed by local interests.

(3) It shall be for Monitor to decide whether such responses are adequate to secure clinical and financial sustainability in the areas concerned and to inform the Secretary of State and interested parties of their decisions.

(4) It shall be for the Secretary of State either to endorse any report that achieves clinical and financial sustainability or to specify to the National Commissioning Board what further action should be taken to deliver such sustainability and the Secretary of State’s decisions and Monitor’s reports shall be made public.

(5) It shall be open to the National Commissioning Board in consultation with the Secretary of State to establish a panel of independent people with appropriate expertise to assist with securing local agreement on the reconfiguration of services required to secure clinical and financial sustainability.”

Clause 133

BARONESS THORNTON

LORD BEECHAM

217ZA

Leave out Clause 133

Clause 134

BARONESS THORNTON

LORD BEECHAM

217ZB

Leave out Clause 134

Clause 135

BARONESS THORNTON

LORD BEECHAM

217ZC

Leave out Clause 135

Clause 136

BARONESS THORNTON

LORD BEECHAM

217ZD

Leave out Clause 136

Clause 137

BARONESS THORNTON

LORD BEECHAM

217ZE

Leave out Clause 137

Clause 138

BARONESS THORNTON

LORD BEECHAM

217ZF

Leave out Clause 138

Clause 139

BARONESS THORNTON

LORD BEECHAM

217ZG

Leave out Clause 139

Clause 140

BARONESS THORNTON

LORD BEECHAM

217ZH

Leave out Clause 140

Clause 141

BARONESS THORNTON

LORD BEECHAM

217ZJ

Leave out Clause 141

Clause 142

BARONESS THORNTON

LORD BEECHAM

217ZK

Leave out Clause 142

Clause 143

BARONESS THORNTON

LORD BEECHAM

217ZL

Leave out Clause 143

Clause 144

BARONESS THORNTON

LORD BEECHAM

217ZM

Leave out Clause 144

Clause 145

BARONESS THORNTON

LORD BEECHAM

217ZN

Leave out Clause 145

Clause 146

BARONESS THORNTON

LORD BEECHAM

217ZP

Leave out Clause 146

After Clause 147

BARONESS GREENGROSS

LORD RIX

LORD LOW OF DALSTON

BARONESS WHEELER

217A

Insert the following new Clause—

“Human Rights Act 1988: provision of certain personal care and health care services to be public function

(1) A person who is commissioned to provide—

(a) personal care to an individual living in their own home, or

(b) a health care service,

shall be taken to be exercising a function of a public nature in providing such a service.

(2) In subsection (1)(a) “personal care” in relation to England has the same meaning as in paragraph 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and in relation to Scotland has the same meaning as “personal care and personal support” as defined in section 2(28) of the Regulation of Care (Scotland) Act 2001 and section 1(1)(c) and Schedule 1 to the Community Care and Health (Scotland) Act 2001.

(3) In subsection (1)(a) and (b) “functions of a public nature” has the same meaning as in section 6(3) of the Human Rights Act 1998 (acts of public authorities).”

Clause 149

EARL HOWE

218

Page 148, line 26, at end insert—

“( ) Until section 8 comes into force, the references in this Part to the National Health Service Commissioning Board (other than the reference in section 95(11)(b)) are to be read as references to the NHS Commissioning Board Authority.

( ) Until the day specified by Secretary of State for the purposes of section 14A of the National Health Service Act 2006, the references in this Part to a clinical commissioning group (other than the reference in section 95(11)(a)) are to be read as references to a Primary Care Trust.

( ) Until section 180 comes into force, the following provisions in this Part are to be read as if the words “and its Healthwatch England committee” were omitted—

(a) section 84(4)(c);

(b) section 85(5)(a)(iii);

(c) section 96(2)(e);

(d) section 100(2)(e).”

Clause 153

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

218A

Page 151, line 32, at end insert—

“(1B) Annual proper accounts and proper records must be separately prepared and kept which separately detail the income and expenditure derived—

(a) from private charges, and

(b) in relation to the provision of services to NHS patients.

(1C) “Private charges” means charges imposed in respect of goods and services provided to patients other than patients being provided with goods and services for the purposes of the health service in England.”

Clause 163

LORD TURNBERG

LORD WALTON OF DETCHANT

219

Page 159, line 35, at end insert—

“(c) the promotion of education and training”

BARONESS FINLAY OF LLANDAFF

220

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.”

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

220A

Page 159, leave out lines 36 to 40

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

220B

Page 159, leave out lines 39 and 40 and insert “such proportion of its income from the provision of goods and services for all purposes as the NHS foundation trust may agree with Monitor, provided that any such agreed proportion shall in no circumstances be more than one half.

(2B) In the event that an NHS foundation trust fails to agree with Monitor such proportion as is mentioned in subsection (2A) above, the question of the appropriate proportion shall be referred to arbitration by an arbitrator appointed by the Secretary of State for the purpose.”

Clause 164

LORD PHILLIPS OF SUDBURY

BARONESS FINLAY OF LLANDAFF

LORD KAKKAR

LORD DARZI OF DENHAM

220BA*

Page 160, line 24, leave out subsection (2)

220BB*

Page 160, line 27, at end insert—

“( ) In section 44 of the National Health Service Act 2006 (private health care) after subsection (7) insert—

“(7A) Goods and services may only be provided by an NHS foundation trust to patients other than for the purposes of the health service on the basis of equality of access to essential clinical care and treatment as between such patients and those patients being provided with such care and treatment for the purposes of the health service.””

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

220C

Leave out Clause 164 and insert the following new Clause—

“Private health care

In section 44 of the National Health Service Act 2006 (private health care) after subsection (3) insert—

“(3A) The proportion of income specified in subsection (2) may be varied subject to the approval of—

(a) the members of the NHS foundation trust by a majority vote after a formal consultation process,

(b) the governors of the NHS foundation trust by a majority vote, and

(c) the Board.

(3B) The basis for any such consultation, which must also include the views of the relevant Health and Well-being Boards and Clinical commissioning groups, is to be set out in regulations made under this section.

(3C) Where the proportion of income is varied in line with subsection (3A) above, this may not exceed 5% of the total income of the NHS foundation trust or mental health foundation trust in any financial year without the additional approval of Monitor.

(3D) In carrying out its duty under subsection (3C) Monitor must have regard to matters set out in regulations made under this section, including ensuring that benefits to NHS patients can be demonstrated, and that proper consultation has been conducted, as well as having regard to the matters outlined in section 64 of the Health and Social Care Act 2012.””

Clause 172

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

220D

Leave out Clause 172

Clause 174

EARL HOWE

221

Page 167, line 24, at end insert—

“( ) If, at any time before section 8 comes into force, Monitor obtains the approval of the NHS Commissioning Board Authority to publish guidance under section 65DA(4)(c) or (5) of the National Health Service Act 2006, that approval is to be treated for the purposes of subsection (6)(b) of that section as approval obtained from the National Health Service Commissioning Board.”

Clause 178

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

221A

Leave out Clause 178

Schedule 14

EARL HOWE

222

Page 392, line 20, leave out “section 78” and insert “sections 78 and 79”

223

Page 400, line 12, at end insert—

“Charities Act 2011 (c. 25)

The Charities Act 2011 is amended as follows.

In section 149 (audit or examination of English NHS charity accounts), in subsection (7), omit paragraphs (c), (d) and (e).

In section 150 (audit or examination of Welsh NHS charity accounts), in subsection (4)—

(a) in paragraph (b), omit the words from “all or most” to the end,

(b) in paragraph (c), omit “falling within paragraph (b)”, and

(c) in paragraph (d), omit “such”.”

Clause 180

BARONESS CUMBERLEGE

BARONESS JOLLY

224

Page 176, 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.”

EARL HOWE

225

Page 176, leave out lines 26 to 29

EARL HOWE

BARONESS CUMBERLEGE

226

Page 176, line 30, leave out subsection (3) and insert—

“(3) After sub-paragraph (5) insert—

“(5A) Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.

(5B) Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.

(5C) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) eligibility for appointment;

(b) procedures for selecting or proposing persons for appointment.

(5D) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) the removal or suspension of members of the committee;

(b) the payment of remuneration and allowances to members.”.”

EARL HOWE

226ZA

Page 176, line 34, leave out “Advice given by Healthwatch England” and insert “Healthwatch England and Local Healthwatch organisations”

226ZB

Page 176, line 36, after “(2)” insert “, (2A), (2B)”

226ZC

Page 177, line 2, leave out “advice on” and insert “general advice”

226ZD

Page 177, line 3, leave out “or in pursuance of”

226ZE

Page 177, line 5, at end insert—

“(aa) the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);”

226ZF

Page 177, line 6, leave out “by the organisations”

226ZG

Page 177, line 7, at end insert—

“(2A) The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.

(2B) The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority’s area, to give the authority concerned written notice of its opinion.”

BARONESS CUMBERLEGE

226A

Page 177, line 7, at end insert—

“(3) A Local Healthwatch organisation must have due regard to any advice or assistance provided by Healthwatch England under subsection (2).”

BARONESS TYLER OF ENFIELD

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

BARONESS MASHAM OF ILTON

227

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

BARONESS JOLLY

227A*

Page 177, line 12, after “services” insert “including services directly commissioned by the NHS Commissioning Board at a regional or national level”

BARONESS CUMBERLEGE

BARONESS JOLLY

228

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.”

EARL HOWE

BARONESS CUMBERLEGE

229

Page 177, line 47, at end insert “and to every Local Healthwatch organisation”

BARONESS TYLER OF ENFIELD

229A

Page 178, line 2, at end insert—

“(3A) Where a recommendation is made to the committee under section 221(2)(ga) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.”

EARL HOWE

230

Page 179, line 5, leave out subsection (14) and insert—

“(14) The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.”

LORD PATEL

LORD WARNER

231

Leave out Clause 180

LORD PATEL

LORD HARRIS OF HARINGEY

BARONESS WHEELER

LORD WHITTY

231ZA

Leave out Clause 180 and insert the following new Clause—

“Healthwatch England

(1) There shall be a body corporate known as Healthwatch England.

(2) The primary duty of Healthwatch England shall be to represent the interests of patients and users of national health services and social care services (hereafter known as “patients and users”) in relation to providers, regulators and the Secretary of State.

(3) Healthwatch England shall be independent of any provider of national health or social care services or of any regulator of health or social care or of any other body established by this Act or otherwise.

(4) Healthwatch England shall have the following functions—

(a) to establish a local healthwatch organisation for each local authority area;

(b) to provide each local healthwatch organisation with such resources as may be agreed by Healthwatch England;

(c) to provide local healthwatch organisations with advice on, and assistance in relation to, their functions and on such other matters that Healthwatch England may determine; and

(d) to provide relevant persons with information and advice on—

(i) the views of people who use health and social care services and of other members of the public on their needs for, and experiences of, health and social care services; and

(ii) the views of local healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.

(5) Relevant persons referred to in subsection (4)(d) are—

(a) the Secretary of State;

(b) the National Health Service Commissioning Board;

(c) the Care Quality Commission;

(d) Monitor; and

(e) English local authorities.

(6) A person provided with advice under subsection (4)(d) must inform Healthwatch England in writing of his or her response or proposed response to the advice.

(7) Healthwatch England shall in addition have powers of investigation as prescribed in subsections (8) and (9) and powers to require disclosure of information as prescribed in subsection (6).

(8) Healthwatch England may investigate—

(a) a complaint made by or on behalf of a patient or user or a local healthwatch organisation which appears to the Board to raise one or more issues of general relevance; or

(b) any matter which appears to the Board of Healthwatch UK to be or be related to a problem which affects or may affect patients or users generally or patients or users of a particular description.

(9) For the purpose of subsection (8), a complaint raises an issue of general relevance if it raises—

(a) a novel issue which affects or may affect patients or users in general or patients or users of a particular description, or

(b) any other issue which has or may have an important effect on patients or users generally or patients or users of a particular description.

(10) Healthwatch England may by notice require a person within subsection (11) to supply it with such information as is specified or described in the notice within a reasonable period as is so specified and the information so specified or described must be information that Healthwatch England requires for the purpose of exercising its function.

(11) The persons referred to in subsection (6) are—

(a) any provider of health or social care services licensed by the Care Quality Commission and Monitor under the provisions of this Act;

(b) the National Health Service Commissioning Board;

(c) Monitor;

(d) the Care Quality Commission; and

(e) any other person specified or of a description specified by the Secretary of State.

(12) If a person within subsection (11) fails to comply with a notice under subsection (10), the person must, if so required, give notice to Healthwatch England of the reason for the failure and if that reason for failure is not acceptable to the Board of Healthwatch England then the Board of Healthwatch England may take steps to publish the notice and the reasons for failure provided or to seek enforcement of the said notice through the courts.

(13) Healthwatch England must publish details of arrangements it makes under this section, including details of payments of remuneration or other amounts.

(14) In performing functions under this section, Healthwatch England must have regard to such aspects of Government policy as the Secretary of State may direct.

(15) As soon as possible after the end of each financial year, Healthwatch England must publish a report on the way in which it has exercised its functions during the year.

(16) Healthwatch England must—

(a) lay before Parliament a copy of each report made under subsection (15); and

(b) send a copy of each such report to the Secretary of State.

(17) Healthwatch England may publish other reports at such times, and on such matters relating to health or social care, as it deems appropriate.

(18) Before publishing a report under subsection (15) or (17), Healthwatch England must, so far as practicable, exclude any matter which relates to the private affairs of an individual, the publication of which, in its opinion, would or might seriously and prejudicially affect that individual’s interests.

(19) In this section “financial year” means—

(a) the period beginning with the date on which Healthwatch England is appointed and ending with the following 31 March, and

(b) each successive period of 12 months ending with 31 March.”

BARONESS TYLER OF ENFIELD

231ZB

Page 180, line 28, after “Commission);” insert—

“(ga) making recommendations to that committee to publish reports under section 45B(3) of the Health and Social Care Act 2008 about particular matters;”

After Clause 180

BARONESS BAKEWELL

231A

Insert the following new Clause—

“Healthwatch England’s Commissioner for Older People

(1) The Health and Social Care Act 2008 is amended as follows.

(2) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—

“Healthwatch England’s Commissioner for Older People

Healthwatch England’s Commissioner for Older People

(1) A member of Healthwatch England shall be designated as the Commissioner for Older People in England.

(2) The Commissioner shall exercise their functions independent of their role as a member of Healthwatch England.

(3) The general functions of the Commissioner shall be to consult with and garner the opinions of older people, and to represent those opinions in all arenas of public discourse including Parliament.

(4) The Commissioner shall be free to set its own parameters within the broad context of monitoring institutions.

(5) The Commissioner must encourage the involvement of older people in the work of the Commissioner.

(6) The Commissioner must, in a particular, take reasonable steps to listen to and consult with older people on the work to be undertaken by the Commissioner.””

Clause 181

EARL HOWE

231B

Leave out Clause 181

Schedule 15

EARL HOWE

231C

Leave out Schedule 15

Clause 182

BARONESS CUMBERLEGE

BARONESS JOLLY

232

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”.”

BARONESS TYLER OF ENFIELD

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

BARONESS MASHAM OF ILTON

233

Page 180, line 14, at end insert—

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

BARONESS JOLLY

234

Page 180, line 15, after “(2)” insert “—

(a) in each of paragraphs (a) to (c), before “people” insert “local”, and

(b) ”

EARL HOWE

234A

Page 180, line 37, at end insert—

“( ) After subsection (3A) insert—

“(3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.””

BARONESS JOLLY

235

Page 180, line 37, at end insert—

“( ) In subsection (6), after the definition of “local care services” insert—

““local people”, in relation to a local authority, means—

(a) people who live in the local authority’s area,

(b) people to whom care services are being or may be provided in that area,

(c) people from that area to whom care services are being provided in any place, and

(d) people who are (taken together) representative of the people mentioned in paragraphs (a) to (c);”.”

EARL HOWE

235A

Page 180, line 38, leave out subsection (7) and insert—

“(7) In the title to section 221, omit “: local involvement networks”

235B

Page 180, line 39, at end insert—

“( ) For the cross-heading preceding that section substitute “Local arrangements”.”

235C

Page 180, line 39, at end insert—

“( ) After section 45B of the Health and Social Care Act 2008 (inserted by section 180(4)), insert—

“45C Granting licence to use trade mark

(1) The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.

(2) A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying on of Local Healthwatch arrangements.

(3) In this section—

“Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,

“Local Healthwatch contractor” has the meaning given by section 223 of that Act, and

“registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.””

Clause 183

EARL HOWE

235D

Page 181, leave out lines 2 to 4 and insert—

“(2) The arrangements must be made with a body corporate which—

(a) is a social enterprise, and

(b) satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(2A) For so long as the arrangements are in force, the body with which they are made—

(a) has the function of carrying on in A’s area the activities specified in section 221(2), and

(b) is to be known as the “Local Healthwatch organisation” for A’s area.

(2B) But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—

(a) to assist the organisation in carrying on in A’s area some or all of the activities, or

(b) (subject to provision made under section 223(2)(e)) to carry on in A’s area some (but not all) of the activities on the organisation’s behalf.”

BARONESS CUMBERLEGE

BARONESS JOLLY

236

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

EARL HOWE

236A

Page 181, line 5, leave out subsection (3) and insert—

“(3) In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable of being a Local Healthwatch organisation”.”

236B

Page 181, line 7, leave out subsection (4) and insert—

“(4) For subsection (4) substitute—

“(4) The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board.””

236C

Page 181, line 19, leave out subsection (7) and insert—

“(7) For subsection (8) substitute—

“(8) For the purposes of this section, a body is a social enterprise if—

(a) a person might reasonably consider that it acts for the benefit of the community in England, and

(b) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.

(10) In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.””

236D

Page 181, line 19, at end insert—

“( ) For the title to section 222 substitute “Local Healthwatch organisations”.”

236E

Page 181, line 19, at end insert—

“( ) After section 222 insert—

“222A Local authority arrangements: conflicts of interest

(1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.

(2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to 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 making of arrangements under section 221(1), and

(b) the carrying-on of the activities specified in section 221(2).

(4) In this section, “Local Healthwatch arrangements” has the meaning given by section 222.”

236F

Page 181, line 20, leave out subsections (8) to (11)

BARONESS CUMBERLEGE

237

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; and

(c) ”

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

After Clause 183

EARL HOWE

237A

Insert the following new Clause—

“Local arrangements: power to make further provision

(1) Section 223 (power to make further provision about local authority arrangements) is amended as follows.

(2) In subsection (1), for “require prescribed provision to be included in local involvement network arrangements” substitute “include prescribed provision”.

(3) After that subsection insert—

“(1A) The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision.”

(4) In subsection (2)—

(a) for “must require local involvement network arrangements to include” substitute “must include or (as the case may be) must require Local Healthwatch arrangements to include”,

(b) in paragraphs (a), (c) and (d), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”, and

(c) after paragraph (d) insert “;

(e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation’s behalf;

(f) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45C of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;

(g) prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;

(h) prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;

(i) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—

(i) people who live in the local authority’s area,

(ii) people to whom care services are being or may be provided in that area, and

(iii) people from that area to whom care services are being provided in any place.”

(5) After subsection (2) insert—

“(2A) The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—

(a) only in so far as it assists the Local Healthwatch organisation in the carrying on of activities specified in section 221(2);

(b) only in so far as it carries on such activities on the organisation’s behalf.

(2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.”

(6) In subsection (3)—

(a) before the definition of “a local involvement network” insert—

““care services” has the meaning given by section 221;”,

(b) omit the definition of “a local involvement network”,

(c) for the definition of “local involvement network arrangements” substitute—

““Local Healthwatch arrangements” has the meaning given by section 222;”

(d) after that definition insert—

““Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;”, and

(e) after the definition of “prescribed provision” insert “;

“trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.””

Clause 184

LORD RIX

VISCOUNT TENBY

238

Page 182, line 5, at end insert “ensuring that there is no upper limit on the length and type of advocacy support that may be provided”

EARL HOWE

238ZA

Page 182, line 14, at end insert—

“( ) a complaint under section 73C(1) of the National Health Service Act 2006;

( ) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or”

238ZB

Page 182, line 29, leave out subsection (5)

238ZC

Page 182, line 36, leave out “or” and insert “the arrangements or arrangements made”

238ZD

Page 182, line 41, leave out from “to” to end of line 44 and insert—

“(a) a person providing services under arrangements under this section;

(b) a person arranging for the provision of services in pursuance of arrangements under this section;

(c) a person providing services under arrangements made in pursuance of arrangements under this section.”

238ZE

Page 182, line 45, leave out subsection (8)

238ZF

Page 183, line 2, leave out “or in pursuance of arrangements under this section” and insert “arrangements under this section or arrangements made in pursuance of the arrangements”

Clause 185

EARL HOWE

238ZG

Page 183, line 42, after “organisation” insert “or a Local Healthwatch contractor”

238ZH

Page 184, line 1, leave out “or in pursuance of”

238ZJ

Page 184, leave out lines 4 and 5 and insert—

“(b) in compliance with a requirement imposed by virtue of section 223(2)(i).”

238ZK

Page 184, line 5, at end insert—

“(3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).”

238ZL

Page 184, line 5, at end insert—

“( ) After subsection (4) insert—

“(5) In this section—

“Local Healthwatch arrangements” has the meaning given by section 222;

“Local Healthwatch contractor” has the meaning given by section 223.””

238ZM

Page 184, line 7, after “organisations” insert “or contractors”

238ZN

Page 184, line 11, after “organisation” insert “or a Local Healthwatch contractor”

238ZP

Page 184, line 12, leave out subsection (7) and insert—

“(7) In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local Healthwatch arrangements”.”

238ZQ

Page 184, line 13, at end insert—

“( ) After subsection (5) insert—

“(5A) In this section—

“Local Healthwatch arrangements” has the meaning given by section 222;

“Local Healthwatch contractor” has the meaning given by section 223.””

238ZR

Page 184, line 16, after “organisations” insert “or contractors”

238ZS

Page 184, line 19, after “organisation” insert “or a Local Healthwatch contractor”

238ZT

Page 184, line 23, leave out “or in pursuance of”

238ZU

Page 184, line 24, at end insert—

“(7A) For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).”

238ZV

Page 184, line 24, at end insert—

“( ) In subsection (8), before the definition of “overview and scrutiny committee” insert—

““Local Healthwatch arrangements” has the meaning given by section 222;

“Local Healthwatch contractor” has the meaning given by section 223;””

Clause 186

EARL HOWE

238ZW

Leave out Clause 186

Clause 187

EARL HOWE

238ZX

Page 185, line 29, leave out subsection (2) and insert—

“(2) In subsection (2), omit “by a local authority with another person (“H”)”.”

238ZY

Page 185, line 33, leave out sub-paragraph (i)

238ZZ

Page 185, line 35, leave out sub-paragraph (ii) and insert—

“(ii) omit “, for each local involvement network,””

238ZZA

Page 185, line 37, leave out sub-paragraph (iii) and insert—

“(iii) for “the network”, in the first place it appears, substitute “the Local Healthwatch organisation”,

(iiia) for “the network”, in the second place it appears, substitute “the organisation”,”

238ZZB

Page 185, line 39, leave out “or (as the case may be)” and insert “the arrangements or arrangements made”

238ZZC

Page 185, line 40, leave out paragraph (b)

238ZZD

Page 185, line 41, leave out paragraph (c) and insert—

“(c) omit sub-paragraph (ii),”

238ZZE

Page 186, line 3, leave out subsection (4)

238ZZF

Page 186, line 13, leave out “or H in respect of the organisation” and insert “in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”

238ZZG

Page 186, line 31, leave out “or” and insert “the arrangements made under section 221(1) or arrangements made”

238ZZH

Page 186, line 33, at end insert—

“( ) In subsection (9), after the definition of “financial year” insert—

““Local Healthwatch contractor” has the meaning given by section 223;”.”

Clause 188

EARL HOWE

238ZZJ

Page 186, line 43, leave out from “the” to end of line 45 and insert “Local Healthwatch organisation for the authority’s area.”

238ZZK

Page 187, line 1, leave out subsection (3) and insert—

“(3) A scheme under this section may make provision for rights and liabilities relating to an individual’s contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(3A) A scheme under this section may provide for the transfer of property, rights or liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise apply.

(3B) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.

(3C) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(3D) A scheme under this section may in particular make provision about continuation of legal proceedings.”

238ZZL

Page 187, line 8, at end insert—

“( ) A scheme under this section may include supplementary, incidental and consequential provision.”

After Clause 188

EARL HOWE

238ZZM

Insert the following new Clause—

“Consequential provision

(1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—

“(bl) Local Healthwatch organisations, as regards the carrying on of activities specified in section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);”.

(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—

“Director of a Local Healthwatch organisation.”

(3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—

“Director of a Local Healthwatch organisation.”

(4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert—

“35E A Local Healthwatch organisation, in respect of information held in connection with—

(a) arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or

(b) arrangements made in pursuance of arrangements made under section 221(1) of that Act.”

(5) In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute—

“(e) a Local Healthwach organisation;”.

(6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)—

(a) in subsection (1)(c)—

(i) for “local involvement networks” substitute “Local Healthwatch organisations or Local Healthwatch contractors”, and

(ii) omit “in their areas”.

(b) for subsection (3) substitute—

“(3) In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.””

Clause 191

LORD RAMSBOTHAM

BARONESS WHITAKER

238A

Page 191, line 32, leave out “may consult any” and insert “must consult relevant health professionals and any other”

Clause 192

BARONESS MASSEY OF DARWEN

THE EARL OF LISTOWEL

238AZA

Page 192, line 28, at end insert—

“( ) In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must consider the extent to which the needs could be met more effectively through closer integration of arrangements for the provision of health-related services in the area of the local authority with arrangements for the provision of health services and social care services in that area.”

Clause 193

LORD SHIPLEY

LORD BICHARD

BARONESS EATON

BARONESS HENIG

238AA

Page 193, line 24, leave out from beginning to “of” and insert “at least three elected representatives”

LORD RAMSBOTHAM

BARONESS WHITAKER

238B

Page 193, line 31, at end insert—

“( ) an allied health professional.”

LORD SHIPLEY

LORD BICHARD

BARONESS EATON

BARONESS HENIG

238BA

Page 193, line 38, leave out subsection (4) and insert—

“(4) In subsection (2)(a), an elected representative means—

(a) in the case of a local authority operating executive arrangements, the elected mayor or the executive leader of the local authority, or a councillor of the local authority;

(b) in any other case, a councillor of the local authority.”

Clause 194

LORD RAMSBOTHAM

BARONESS WHITAKER

238C

Page 194, line 40, after “services” insert “and education or children’s services”

BARONESS MASSEY OF DARWEN

THE EARL OF LISTOWEL

238CA

Page 195, line 2, at end insert—

“( ) A Health and Wellbeing Board must, in the exercise of its functions, have regard to the need to support, in relation to its area—

(a) the National Health Service Commissioning Board to fulfill its duties under section 13M(2) of the National Health Service Act 2006, and

(b) each clinical commissioning group to fulfill its duties under section 14Y(2) of the National Health Service Act 2006.”

LORD RAMSBOTHAM

BARONESS WHITAKER

238D

Page 195, line 4, after “services” insert “or education or children’s services”

238E

Page 195, line 7, after “services” insert “and education or children’s services”

238F

Page 195, line 9, at end insert—

“( ) A Health and Wellbeing Board must encourage persons who arrange for the provision of any services to people with communication needs in that area to work closely together in an integrated manner.

( ) A Health and Wellbeing Board must encourage people who arrange for the identification of communication needs to work closely together to screen all at risk children.”

LORD NORTHBOURNE

BARONESS FINLAY OF LLANDAFF

238G

Page 195, line 9, at end insert—

“( ) The Health and Welfare Board must ensure collaboration between all relevant providers at the time of transfer of a patient from one provider to another in order to avoid confusion or distress for the patient.

( ) The Health and Welfare Board must ensure that the case history and other records of each patient are transferred with the patient when patients transfer from one provider to another.

( ) The Health and Welfare Board must ensure that an account of a patient’s ongoing social care needs is made each time a patient is transferred from one provider to another.”

Clause 195

EARL HOWE

239

Page 195, line 28, leave out “other functions of the authority” and insert “functions that are exercisable by the authority”

After Clause 207

BARONESS EMERTON

LORD PATEL

BARONESS MASHAM OF ILTON

LORD TURNBERG

240

Insert the following new Clause—

“Power to regulate health care support workers in England

(1) The Nursing and Midwifery Order 2001 (S.I. 2002/253) shall be amended to provide that all health care support workers in England shall be regulated in accordance with the terms of that order.

(2) For the purposes of subsection (1), a health care support worker shall be an individual whose work is routinely delegated to them by a registered nurse or midwife or has a qualification in health and social care at level one (or higher) of the Qualifications and Credit Framework, in England.”

Clause 208

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

241

Leave out Clause 208

After Clause 208

LORD HUNT OF KINGS HEATH

241A

Insert the following new Clause—

“Protection of the functions of “social workers” etc

(1) Section 61 of the Care Standards Act 2000 (use of title “social worker” etc.) is amended as follows.

(2) After subsection (1), insert—

“(1A) Any organisation which employs individuals to undertake the functions and roles of a social worker in their employment must ensure that any individuals occupying such posts are appropriately qualified and registered as a social worker.””

241B

Insert the following new Clause—

“The Office of Chief Social Worker for England

(1) The Secretary of State shall appoint a Chief Social Worker for England.

(2) In carrying out their role, the Chief Social Worker for England shall consult and liaise as necessary with professional organisations which promote social work which shall include, but not limited to—

(a) the British Association of Social Workers,

(b) the College of Social Work,

(c) the Health Professions Council,

(d) the Professional Standards Authority for Health and Social Care,

(e) the National Institute for Health and Clinical Excellence, Inspectors and Employers,

and any successor organisation of the above.

(3) The Chief Social Worker for England shall lay an annual report before Parliament on social work in England.”

Clause 210

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

242

Leave out Clause 210

Clause 211

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

243

Leave out Clause 211

Clause 212

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

244

Leave out Clause 212

Clause 213

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

245

Page 211, line 36, after “and” insert “Social”

246

Leave out Clause 213

Clause 214

EARL HOWE

246A

Page 212, line 38, leave out “, after sub-paragraph (c) insert—” and insert “—

(a) omit the “or” preceding paragraph (c), and

(b) after that paragraph insert “; or””

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

247

Leave out Clause 214

Clause 215

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

248

Leave out Clause 215

After Clause 219

LORD PATEL

BARONESS CUMBERLEGE

LORD TURNBERG

249

Insert the following new Clause—

“Public health specialists

(1) In section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, (regulatory bodies regulated by the Council for the regulation of health care professionals), after paragraph (j) insert—

“(k) those statutory bodies responsible for the regulation of public health specialists including those from backgrounds other than medicine, for whom a statutory register will be established by the Health Professions Council.”

(2) In this Act “registered public health specialist” means a person recognised as such on a register maintained by those statutory bodies responsible for the regulation of public health specialists, including those from backgrounds other than medicine.”

Clause 220

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

250

Leave out Clause 220

Clause 221

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

251

Leave out Clause 221

Clause 222

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

252

Leave out Clause 222

After Clause 230

LORD HUNT OF KINGS HEATH

BARONESS FINLAY OF LLANDAFF

253

Insert the following new Clause—

“Power to regulate clinical physiologists in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) regulating the clinical physiology professions in England,”.

(3) In that subsection, after paragraph (bb) insert—

“(bc) regulating clinical physiologists in England who appear to require regulation in pursuance of this section,”.”

LORD HUNT OF KINGS HEATH

254

Insert the following new Clause—

“Requirement for clinical physiologists in England to be registered

(1) The Health Professions Council is required to keep a register of clinical physiologists in England.

(2) A person may not practice as a clinical physiologist in England unless the person is registered in that part of the register maintained by the Health Professions Council.”

After Clause 232

BARONESS FINLAY OF LLANDAFF

255

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 233

BARONESS ROYALL OF BLAISDON

BARONESS THORNTON

255A

Page 233, line 32, at end insert—

“( ) In exercising its functions under subsection (1) the relevant commissioner must maintain a publicly available report on the progress towards publishing each statement of standards.”

Clause 236

LORD RIBEIRO

BARONESS JOLLY

256

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.”

LORD RIBEIRO

257

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

Clause 244

LORD MARKS OF HENLEY-ON-THAMES

EARL HOWE

258

Page 239, line 29, at end insert—

“( ) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.”

Schedule 19

EARL HOWE

258A

Page 424, line 17, leave out “the exercise of its functions” and insert “any function exercisable by it to be exercised”

Clause 253

EARL HOWE

259

Page 243, line 26, leave out second “and” and insert “or”

260

Page 243, line 30, leave out from beginning to second “it” and insert “the Secretary of State considers that the information which could be obtained by complying with the direction is information which”

261

Page 243, line 38, leave out from “if” to “it” in line 39 and insert “the Board considers that the information which could be obtained by complying with the direction is information which”

Clause 254

EARL HOWE

262

Page 244, line 11, leave out second “and” and insert “or”

263

Page 244, line 13, leave out from beginning to “it” in line 14 and insert “A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which”

264

Page 244, line 20, leave out from “Chapter” to “it” in line 23 and insert “a request under subsection (1) is a mandatory request if—

(a) it is made by a principal body, and

(b) the body considers that the information which could be obtained by complying with the request is information which”

265

Page 244, line 41, leave out “relevant” and insert “principal”

266

Page 244, line 42, after “to” insert—

“(i) the code of practice prepared and published by the Centre under section (Code of practice on confidential information), and

(ii) ”

267

Page 244, line 44, leave out ““relevant” and insert ““principal”

After Clause 254

EARL HOWE

268

Insert the following new Clause—

“Requests for collection under section 254: confidential information

(1) A request under section 254 is a confidential collection request if it is a request for the Information Centre to establish and operate a system for the collection of information which is in a form which—

(a) identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or

(b) enables the identity of such an individual to be ascertained.

(2) A person may make a confidential collection request under section 254 only if the request—

(a) is a mandatory request,

(b) relates to information which the person making the request (“R”) may require to be disclosed to R or to the Information Centre by the person holding it, or

(c) relates to information which may otherwise be lawfully disclosed to the Information Centre or to R by the person holding it.”

Clause 256

EARL HOWE

269

Page 245, line 32, leave out “that” and insert “any”

270

Page 245, line 36, leave out “collected pursuant to” and insert “obtained by complying with”

271

Page 245, line 37, leave out “or information derived from such information,”

Clause 257

EARL HOWE

272

Page 246, line 9, at end insert—

“(2A) But the Information Centre may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section (Requests for collection under section 254: confidential information)(2)(c).

(2B) In such a case, the Information Centre may, however, request any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purpose of complying with the request.”

273

Page 246, line 16, at end insert—

“( ) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person mentioned in subsection (2)(b) who has provided information to the Centre pursuant to a request made under subsection (2B) in respect of the costs to that person of doing so.”

274

Page 246, line 18, leave out “subsection (1)” and insert “this section”

Clause 258

EARL HOWE

275

Page 246, line 32, leave out “collects pursuant to” and insert “obtains by complying with”

276

Page 247, line 9, leave out “collected pursuant to” and insert “obtained by complying with”

277

Page 247, line 10, leave out “collects pursuant to” and insert “obtains by complying with”

278

Page 247, line 18, leave out “collects pursuant to” and insert “obtains by complying with”

Clause 259

EARL HOWE

279

Page 247, line 39, leave out “collects pursuant to” and insert “obtains by complying with”

280

Page 247, line 46, after “and” insert “—

(i) the relevant person has consented to the dissemination, or

(ii) ”

281

Page 248, line 2, at end insert—

“( ) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;”

282

Page 248, line 11, at end insert—

“(3A) The Information Centre may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 253 or a request under section 254 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom the Centre collected the information.

(3B) The Information Centre may also disclose information which it obtains by complying with a direction under section 253 or a request under section 254 (whether or not it falls within subsection (2)) if—

(a) the information has previously been lawfully disclosed to the public,

(b) the disclosure is made in accordance with any court order,

(c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

(d) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,

(e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

(f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

(3C) Paragraphs (a), (b) and (f) of subsection (3B) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.”

283

Page 248, line 12, leave out subsections (4) and (5)

284

Page 248, line 22, after “section” insert “or section (Dissemination: directions under section 253 and requests under section 254)”

285

Page 248, line 23, leave out from “it)” to first “any” in line 24 and insert “under or by virtue of”

286

Page 248, line 25, leave out subsection (7)

287

Page 248, line 28, at end insert—

“( ) For the purposes of this section and section (Dissemination: directions under section 253 and requests under section 254) the provision by the Information Centre of information which it has obtained by complying with a direction under section 253 or a request under section 254 to the person who gave the direction or made the request is to be treated as dissemination by the Centre of that information to that person.”

After Clause 259

EARL HOWE

288

Insert the following new Clause—

“Other dissemination: directions under section 253 and requests under section 254

(1) A direction under section 253 may require the Information Centre to disseminate information which it obtains by complying with the direction if the information falls within subsection (2).

(2) Information falls within this subsection if—

(a) the information is required to be published under section 258;

(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—

(i) the relevant person has consented to the dissemination, or

(ii) the person giving the direction, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;

(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;

(d) the Centre is prohibited from publishing the information only by virtue of it falling within section 258(2)(c) and the person giving the direction considers it would be in the public interest for the information to be disseminated.

(3) A direction under section 253 may require the Information Centre to exercise—

(a) the power conferred by section 259(3A) in relation to information which it collects pursuant to the direction, or

(b) any other power it has under or by virtue of any other provision of this Act (other than section 259(1) or (3B)) or any other Act to disseminate information which it obtains by complying with the direction.

(4) A request under section 254 may request the Information Centre to exercise—

(a) the power conferred by section 259(1) or (3A) in relation to information which it obtains by complying with the request, or

(b) any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.

(5) A direction under section 253 may require, and a request under section 254 may request, the Information Centre not to exercise the power conferred by section 259(1) or (3A) in relation to information which it obtains by complying with the direction or request.

(6) Section 254(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).

(7) A requirement imposed on, or a request made to, the Information Centre in accordance with this section to disseminate information may include a requirement or request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.”

289

Insert the following new Clause—

“Code of practice on confidential information

(1) The Information Centre must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.

(2) For the purposes of this section “confidential information” is—

(a) information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or

(b) any other information in respect of which the person who holds it owes an obligation of confidence.

(3) Before publishing the code, the Information Centre must consult—

(a) the Secretary of State,

(b) the Board, and

(c) such other persons as the Centre considers appropriate.

(4) The Information Centre must not publish the code without the approval of—

(a) the Secretary of State, and

(b) the Board, so far as the code relates to information concerning, or connected with, the provision of NHS services.

(5) The Information Centre must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).

(6) A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.

(7) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.”

Clause 260

EARL HOWE

290

Page 248, line 31, leave out “collected” and insert “obtained”

Clause 266

EARL HOWE

290A

Page 251, line 8, leave out “it has”

Clause 268

LORD MARKS OF HENLEY-ON-THAMES

EARL HOWE

291

Page 251, line 39, at end insert—

“( ) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.”

Clause 270

EARL HOWE

291A

Page 252, line 16, at end insert—

“(d) requiring the Centre to exercise such systems delivery functions of the Secretary of State or (as the case may be) the Board as may be specified.”

291B

Page 252, line 16, at end insert—

“( ) A function required to be exercised by a direction given by the Secretary of State or the Board by virtue of subsection (1) is subject to directions given by the Secretary of State or (as the case may be) the Board about the exercise of the function.”

291C

Page 252, line 33, at end insert—

“( ) A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to the Information Centre for things done in the exercise of the function in respect of which the direction is given.

( ) A power conferred on the Board under subsection (1)(d) must provide that a direction must permit the Information Centre to charge the Board a reasonable fee in respect of the cost of complying with the direction.

( ) A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State or (as the case may be) the Board from exercising the function in respect of which the direction is given.”

291D

Page 252, line 38, at end insert—

““systems delivery function”—

(a) in relation to the Secretary of State, means a function of the Secretary of State which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England;

(b) in relation to the Board, means a function of the Board which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of NHS services.”

Clause 277

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

292

Leave out Clause 277

Clause 284

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

293

Page 259, line 11, at end insert “, and both bodies must act in accordance with the mandate issued by the Secretary of State under section 13BA (mandate to Monitor and the Care Quality Commission) of the National Health Service Act 2006”

Clause 287

LORD MARKS OF HENLEY-ON-THAMES

BARONESS TYLER OF ENFIELD

BARONESS BARKER

BARONESS MURPHY

294

Page 261, line 16, after “duty” insert “or are otherwise in conflict with each other or at significant risk of being in conflict with each other”

295

Page 261, line 40, at end insert “or may require one or more of the bodies concerned to exercise specified functions in a specified manner”

Clause 290

LORD MARKS OF HENLEY-ON-THAMES

EARL HOWE

296

Page 263, line 6, at end insert—

“( ) For the purposes of this section a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.”

After Clause 294

LORD CLEMENT-JONES

297

Insert the following new Clause—

“Contravention of section 64 of the Medicines Act 1968: due diligence defence

In section 67 of the Medicines Act 1968 (offences under Part 3), after subsection (2) insert—

“(2A) But it is a defence for a person charged with an offence under subsection (2) in respect of a contravention of section 64 to show that the person exercised all due diligence to avoid committing the offence.””

Schedule 23

EARL HOWE

297A

Page 444, line 5, at end insert—

“The Special Health Authority known as the NHS Business Services Authority The Health and Social Care Information Centre”

297B

Page 444, line 21, second column, at end insert—

“The Health and Social Care Information Centre”

Schedule 24

EARL HOWE

297C

Page 445, line 38, at end insert—

“The Special Health Authority known as the NHS Business Services Authority The Health and Social Care Information Centre”

297D

Page 446, line 18, second column, at end insert—

“The Health and Social Care Information Centre”

Clause 300

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

298

Page 269, line 22, at end insert—

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

EARL HOWE

299

Page 269, line 24, at end insert—

“( ) the first regulations under section 84 (licensing requirement: exemption regulations);”

300

Page 269, line 24, at end insert—

“( ) the first order under section 87 (approval by Secretary of State of licensing criteria);”

Clause 302

BARONESS THORNTON

LORD BEECHAM

300A

Page 271, line 35, at end insert—

“(A1) Part 3 of this Act shall come into force, by order, on a date to be determined by Parliament, which shall not be before April 2016.

(A2) Before bringing forward any order to bring Part 3 of this Act into force the Secretary of State shall consult the NHS Commissioning Board, the Independent Regulator of Foundation Trusts, the Care Quality Commission, patients or their representatives, and staff delivering NHS services or their representatives, and shall report to Parliament on the outcomes of the consultation.

(A3) Any such order must be laid in draft and approved by a resolution of each House of Parliament.”

300B

Page 271, line 44, at beginning insert “subject to subsections (A1) to (A3),”

LORD CLEMENT-JONES

301

Page 271, line 47, at end insert—

“( ) Section (Contravention of section 64 of the Medicines Act 1968: due diligence defence) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

Prepared 5th March 2012