Session 2010-12
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Health and Social Care Bill
AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Second Marshalled List]
After Clause 29
LORD WARNER
LORD PATEL
BARONESS PITKEATHLEY
Insert the following new Clause—
“Integration of services
(1) In discharging any duties under this Act or any related regulations or guidance “integration” means the integration of health and social care commissioning, assessment, service provision or payment arrangements with the primary purpose of improving the delivery of integrated care and treatment to individual patients or service users or groups of such individuals.
(2) Annual reports produced in accordance with this Act by the National Commissioning Board; and a clinical commissioning group shall report progress made by that body on improving the delivery of integrated care and treatment in accordance with this definition.
(3) The National Commissioning Board’s annual business plan must explain how it proposes to improve integration of services in accordance with this definition.
(4) In developing tariffs both the National Commissioning Board and Monitor shall have regard to improving integrated care and treatment in accordance with this definition.”
Clause 39
LORD PATEL OF BRADFORD
Leave out Clause 39 and insert the following new Clause—
“After-care
(1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
(2) In subsection (2)—
(a) after “duty of the” insert “clinical commissioning group or”,
(b) omit “Primary Care Trust or” in each place it appears,
(c) for “such time as the” substitute “such time as (in relation to England) the clinical commissioning group or”.
(3) After subsection (2C) insert—
“(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”.
(2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board.
(2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsections (2D) and (2E) have effect as if references to the clinical commissioning group were references to the National Health Service Commissioning Board.
(2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.”
(4) In subsection (3)—
(a) after “section “the” insert “clinical commissioning group or”,
(b) omit “Primary Care Trust or” in each place it appears, and
(c) after “means the”, in the first place it appears, insert “clinical commissioning group or”.
(5) In consequence of the repeals made by subsections (2)(b) and (5)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.”
After Clause 180
BARONESS BAKEWELL
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 PeopleHealthwatch 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.”
After Clause 208
LORD HUNT OF KINGS HEATH
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.””
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.”