Health and Social Care Bill

SEVENTH
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—

Clauses 207 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]

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

Before Clause 280

BARONESS GREENGROSS

LORD RIX

LORD LOW OF DALSTON

BARONESS WHEELER

[In substitution for Amendment 217A]

292A

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 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);”

300ZA

Page 269, line 33, leave out paragraph (e)

300ZB

Page 270, line 45, leave out subsection (11)

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.”

EARL HOWE

302*

Page 272, line 14, at end insert—

“( ) An order under subsection (4) which brings paragraph 16 of Schedule 1A to the National Health Service Act 2006 (inserted by Schedule 2) into force may make provision—

(a) for the duty of a clinical commissioning group under sub-paragraph (1) or (2) of that paragraph not to apply in relation to the whole or any part of the initial period (within the meaning of Schedule 6), and

(b) for the duty of the Board under paragraph 16 of Schedule A1 to that Act (inserted by Schedule 1) to have effect subject to such modifications specified in the order as the Secretary of State considers appropriate in consequence of the provision made under paragraph (a).”

Prepared 12th March 2012