Session 2010-12
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Health and Social Care Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
Clause 8
LORD PATEL OF BRADFORD
EARL HOWE
LORD NOON
1*
Page 4, line 17, leave out “promoting equality of provision” and insert “reporting on and reviewing the treatment of providers”
2*
Page 4, line 18, leave out from beginning to second “the”
3*
Page 4, line 19, leave out from “must” to “within” in line 20
4*
Page 4, line 21, leave out “this Act” and insert “the Health and Social Care Act 2012”
5*
Page 4, line 22, leave out from beginning to end of line 24 and insert “of NHS healthcare providers as respects any matter, including taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward available to them for doing so.”
6*
Page 4, line 24, at end insert—
“(2) The report must include recommendations as to how any differences in the treatment of NHS health care providers identified in the report could be addressed.
(3) The Secretary of State must keep under review the treatment of NHS health care providers as respects any such matter as is mentioned in subsection (1).
(4) In this section—
(a) “NHS health care providers” means persons providing or intending to provide health care services for the purposes of the NHS, and
(b) “health care services for the purposes of the NHS” has the same meaning as in Part 3 of the Health and Social Care Act 2012.”
Clause 23
EARL HOWE
BARONESS TYLER OF ENFIELD
7
Page 23, line 8, after “13E” insert “, 13G”
Clause 26
BARONESS FINLAY OF LLANDAFF
8
Page 39, line 24, at end insert—
“( ) the provision of integrated urgent and emergency care at all times.”
EARL HOWE
BARONESS TYLER OF ENFIELD
9
Page 44, line 22, after “14R” insert “, 14T”
10
Page 47, line 9, after “14R,” insert “14T,”
Clause 40
EARL HOWE
LORD PATEL OF BRADFORD
11
Page 75, line 24, leave out paragraph (c) and insert—
“(c) after “such time as the” insert “clinical commissioning group or””
12
Page 75, line 37, leave out from “Board,” to second “to” in line 38 and insert “subsection (2D) has effect as if the reference to the clinical commissioning group were a reference””
13
Page 76, line 2, at end insert—
“( ) In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert—
“(5) In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)—
(a) in section 223K(8), paragraph (a) of the definition of “relevant services”,
(b) in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”,
(c) in section 252A(10), the definition of “service arrangements”,
(d) section 253(1A)(d)(ii).”
( ) In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
( ) In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”.”
Clause 56
BARONESS CUMBERLEGE
LORD WARNER
BARONESS JOLLY
LORD PATEL
14
Page 87, line 3, at end insert—
“( ) On abolition of the Health Protection Agency, the appropriate authority in England will take steps to ensure that any organisation established to assume the Agency’s functions (and any others deemed appropriate) will—
(a) have a Board with a non-executive Chair and a majority of non-executive directors;
(b) be able to undertake and publish independent research and to bid for research funding from any source; and
(c) be able to tender for contracts related to its functions.”
Clause 185
EARL HOWE
15
Page 186, line 44, leave out from “England” to end of line 45 and insert “;
(ca) a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;”
16
Page 188, line 13, at end insert—
““Welsh health body” means—
(a) a Local Health Board,
(b) an NHS trust managing a hospital or other establishment or facility in Wales,
(c) a Special Health Authority not discharging functions only or mainly in England,
(d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
(e) a family health service provider in Wales (within the meaning of that Act), or
(f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.”
After Clause 229
BARONESS EMERTON
LORD PATEL
LORD TURNBERG
BARONESS MASHAM OF ILTON
17*
Insert the following new Clause—
“Power to register health care support workers in England
(1) Health care support workers in England may enter a voluntary register assured by the Council for Health Care Regulatory Excellence, provided they have attended an assured training programme prior to entry on the register.
(2) The assured training programme shall be mandatory for all new health care support workers from 1 April 2013.
(3) The Secretary of State shall develop a Code of Conduct for all employees (whether or not entered on the register) who are providing care to NHS patients (including employees of local authorities) who are seeking to develop the necessary competencies for health care support work.
(4) The Secretary of State shall review the procedures for training under this section, and its benefits or otherwise, within three years of this Act receiving Royal Assent.”
Clause 234
EARL HOWE
LORD PATEL OF BRADFORD
18
Page 240, line 7, at end insert “or section 117 of the Mental Health Act 1983 (after-care)”
Clause 250
EARL HOWE
LORD PATEL OF BRADFORD
19
Page 248, line 4, at end insert “or section 117 of the Mental Health Act 1983 (after-care)”
Clause 254
EARL HOWE
LORD PATEL OF BRADFORD
20
Page 249, line 36, at end insert “or section 117 of the Mental Health Act 1983 (after-care)”
Schedule 4
EARL HOWE
LORD PATEL OF BRADFORD
21
Page 303, line 26, leave out sub-paragraph (4) and insert—
“(4) In subsection (4)—
(a) for “a Primary Care Trust” substitute “a clinical commissioning group”,
(b) for “the trust” substitute “the group”, and
(c) at the end insert “; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.”.”
22
Page 304, line 5, leave out paragraph 12
23
Page 329, line 10, leave out paragraph 129
Schedule 5
EARL HOWE
LORD PATEL OF BRADFORD
24
Page 333, line 22, leave out sub-paragraphs (2) to (4) and insert—
“(2) In subsections (6A) and (6B)—
(a) after “by a” insert “clinical commissioning group or”, and
(b) omit “Primary Care Trust or”.
(3) After subsection (6B), insert—
“(6C) The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board.””
25
Page 346, line 25, leave out paragraph 71
26
Page 354, line 4, leave out paragraph 120
27
Page 359, line 36, after second “under” insert “section 12A or”
28
Page 360, line 2, leave out paragraph 148
29
Page 360, line 7, leave out paragraph 150