Session 2013-14
Other Public Bills before Parliament
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Care Bill [HL]
to be moved
in committee
Schedule 5
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 104, line 28, leave out sub-paragraph (1)
Page 104, line 28, leave out from “expertise” to end of line 29 and insert “including
a registered nurse”
Page 104, line 29, at end insert—
“( ) The members of HEE must include someone with experience in staff
groups that are not professionally registered.”
Page 106, line 16, at end insert “and the consent of the Health Select Committee of
the House of Commons”
Page 106, line 20, leave out sub-paragraph (1)
Page 107, line 17, leave out sub-paragraph (2)
Page 107, line 22, at end insert—
“( ) HEE must exercise its functions consistent with the promotion of a
comprehensive health service, giving equal consideration to the
importance of physical and mental health.”
Clause 84
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 71, line 20, at end insert—
“( ) In performing any of its functions or duties as laid out or applied to it under
this Act or any other legislation, HEE must ensure equal consideration of
importance is given to—
(a) physical health and mental health; and
(b) the training and education of health workers who work in physical
health, mental health or with people with learning difficulties.”
Page 72, line 11, leave out “, with the consent of the Secretary of State,”
Page 72, line 14, at end insert—
“( ) work with persons who provide health services to ensure an
adequate provision of continuing professional development for
health care workers.”
Clause 85
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 72, line 36, at end insert—
“( ) In carrying out its functions under this section, HEE should have regard to
any official guidance on staffing numbers and skills mix.”
Clause 86
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 73, line 5, at end insert—
“( ) the importance of practical based training in the education of
clinicians”
Page 73, line 13, leave out subsection (5)
Page 73, line 15, at end insert—
“( ) HEE has a responsibility to ensure that its duties under this section are also
extended to the Local Education and Training Boards.”
After Clause 86
BARONESS EMERTON
LORD PATEL
LORD WILLIS OF KNARESBOROUGH
Insert the following new Clause—
“Mandatory training for health and care support workers
(1) HEE must develop a mandatory training curriculum for health and care
support workers who are delivering direct care to service users.
(2) For the purposes of (1) a health or care support worker shall be an
individual who works in support of health or care professionals and
delivers direct care to service users.
(3) In setting the training curriculum set out in (1), HEE must seek to ensure
that standards and competencies are developed in conjunction with the
Nursing and Midwifery Council and other relevant organisations.
(4) Providers of health or care services must be responsible for ensuring that
all health care support workers have completed the mandatory training
curriculum in subsection (1).”
Clause 87
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 73, line 23, after the first “the” insert “short and long-term”
Page 73, line 38, at end insert—
“( ) In performing its duties under subsection (4) and (5), HEE must ensure that
the document produced should—
(a) include one plan looking 5 years ahead,
(b) include one plan looking 10 years ahead,
(c) be updated annually.”
Clause 88
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 74, line 20, at end insert—
“( ) the need for equality of funding for education and training across
England, and consistency of education and training opportunities,”
Page 74, line 30, at end insert—
“( ) the need for speciality training places to be planned nationally,”
Page 74, line 30, at end insert—
“( ) the need for HEE to co-ordinate its activities with the NHS in
Scotland, Wales and Northern Ireland,”
Clause 89
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 75, line 6, at end insert—
“( ) CQC and Monitor”
Clause 91
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 75, line 42, at end insert—
“( ) persons who deliver education and training to health care
workers,”
Page 76, line 2, at end insert—
“( ) a registered nurse”
Page 76, line 2, at end insert—
“( ) persons with experience in staff groups that are not professionally
registered”
Page 76, line 2, at end insert—
“( ) health care workers who receive education and training from
within the LETB’s area”
Page 76, line 2, at end insert—
“( ) patients and carers or their representatives”
Page 76, line 2, at end insert—
“( ) a representative of the local Health and Wellbeing Board”
Clause 92
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 77, line 23, at end insert—
“( ) HEE shall provide guidance on how this section is to be implemented.”
Clause 93
LORD PATEL
Page 77, line 36, at end insert—
“(e) support the continuing professional development of medical
professionals in its area.”
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
Page 78, line 8, at end insert—
“( ) a representative of the relevant local authority or authorities,”
Page 78, line 8, at end insert—
“( ) patient and carer groups or their representatives,”
Page 78, line 20, at end insert—
“( ) HEE must direct a LETB to amend the local education and training plan if
not doing so would lead to a failure to ensure national workforce priorities
are implemented.”
Clause 95
LORD HUNT OF KINGS HEATH
BARONESS WHEELER
LORD COLLINS OF HIGHBURY
The above-named Lords give notice of their intention to oppose the Question that Clause 95
stand part of the Bill.
After Clause 104
LORD WILLIS OF KNARESBOROUGH
LORD PATEL
Insert the following new Clause—
“Human Tissue and Embryo Authority
(1) There shall be a body corporate called the Human Tissue and Embryo
Authority.
(2) The Authority shall consist of—
(a) a chairman and deputy chairman, and
(b) such number of other members as the Secretary of State appoints.
(3) The Authority shall keep proper accounts and proper records in relation to
the accounts and shall prepare for each accounting year a statement of
accounts.
(4) The annual statement of accounts shall comply with any direction given by
the Secretary of State, with the approval of the Treasury, as to the
information to be contained in the statement, the way in which the
information is to be presented or the methods and principles according to
which the statement is to be prepared.
(5) Not later than five months after the end of an accounting year, the
Authority shall send a copy of the statement of accounts for that year to the
Secretary of State and to the Comptroller and Auditor General.
(6) The Comptroller and Auditor General shall examine, certify and report on
every statement of accounts received by him under subsection (5) above
and shall lay a copy of the statement and of his report before each House of
Parliament.
(7) The Secretary of State and the Comptroller and Auditor General may
inspect any records relating to the accounts.
(8) In this section “accounting year” means the period beginning with the day
when the Authority is established and ending with the following
31st March, or any later period of twelve months ending with the
31st March. Schedule 1 to this Act (which deals with the membership of the
Authority, etc) shall have effect.
(9) The Authority shall prepare—
(a) a report for the period beginning with the 1st August preceding the
day when the Authority is established (or if that date is a
1st August, beginning with that date) and ending with the next
31st March, and
(b) a report for each succeeding period of 12 months ending with
31st March.
(10) The Authority shall send each report to the Secretary of State as soon as
practicable after the end of the period for which it is prepared.
(11) A report prepared under subsection (9) for any period shall deal with the
activities of the Authority in the period and the activities the Authority
proposes to undertake in the succeeding period of twelve months.
(12) The Secretary of State shall lay before each House of Parliament a copy of
every report received by him under subsection (10).
(13) The following provisions of the Human Fertilisation and Embryology Act
1990 are repealed—
(a) Sections 5 to 10, and
(b) Sections 11(1)(a) and 11(1)(aa).
(14) Save for the provision in subsection (13), references in the Human
Fertilisation and Embryology Act 1990 to “the Authority” shall be taken to
be references to the Human Tissue and Embryo Authority.
(15) The Care Quality Commission may grant the following licences—
(a) licences under paragraph 1 of Schedule 2 to the Human Fertilisation
and Embryology Act 1990 authorising activities in the course of
providing treatment services,
(b) licences under paragraph 1A of that Schedule authorising activities
in the course of providing non-medical fertility services.
(16) Sections 12, 13 and 13A, and paragraph 4 of Schedule 2 to the Human
Fertilisation and Embryology Act 1990 have effect in the case of all licences
granted under subsection (15) as they would do for licences granted under
that Act.
(17) Section 13 of the Human Tissue Act 2004 is repealed.
(18) Save for the provision in subsection (17), references in the Human Tissue
Act 2004 to “the Authority” shall be taken to be references to the Human
Tissue and Embryo Authority.
(19) In Schedule 5 (power to modify or transfer functions) of the Public Bodies
Act 2011 omit—
(a) the entry for the Human Fertilisation and Embryology Authority,
and
(b) the entry for the Human Tissue Authority.”