S.C.E.
Amendment Paper as at
Tuesday 30th January 2001
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HEALTH AND SOCIAL CARE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January]:
Mr Paul Burstow
Dr Peter Brand
94
Clause 14, page 10, line 39, leave out 'are' and insert 'will be'.
Mr Paul Burstow
Dr Peter Brand
95
Clause 14, page 10, line 43, leave out subsection (3) and insert—
'(3) Following the provisions in this Act, the Association of Community Health Councils for England and Wales ("ACHCEW") shall be reformed following consultation'.
Dr Liam Fox
Mr Philip Hammond
240
Clause 14, page 10, line 43, leave out subsection (3) and insert—
'(3) The Association of Community Health Councils in England shall henceforward be known as The Association of Local Health Monitoring Bodies and shall perform the same functions mutatis mutandis with respect to bodies established under sections 7 and 10 as the Association of Community Health Councils in England performs in relation to Community Health Councils.'.
Mr Paul Burstow
Dr Peter Brand
96
Clause 14, page 10, line 45, leave out 'is also' and insert 'will also be'.
Dr Liam Fox
Mr Philip Hammond
241
Clause 14, page 11, line 19, at end add—
'(8) This section may not be brought into force until the Secretary of State has issued a certificate stating that it is his opinion that the bodies established under sections 7 and 10 are fully functional and performing their duties effectively throughout England.'.
Dr Liam Fox
Mr Philip Hammond
Mr Paul Burstow
Dr Peter Brand
38
Page 10, line 38, leave out Clause 14.
Mr Paul Burstow
Dr Peter Brand
97
Clause 15, page 11, line 21, after 'abolish', insert 'or reform'.
Dr Liam Fox
Mr Philip Hammond
1
Page 11, line 20, leave out Clause 15.
Dr Liam Fox
Mr Philip Hammond
245
Clause 7, page 6, leave out lines 14 to 18 and insert 'any county, county borough, district or London Borough Council having responsibility for social services within its area'.
Mr Paul Burstow
Dr Peter Brand
226
Clause 7, page 6, line 18, at end insert—
'(e) any district council.'.
Dr Liam Fox
Mr Philip Hammond
242
Clause 7, page 6, line 19, leave out 'Regulations may' and insert 'The Secretary of State shall, within 60 days of this section coming into effect'.
Mr Paul Burstow
Dr Peter Brand
74
Clause 7, page 6, line 19, leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Peter Brand
44
Clause 7, page 6, line 20, at end insert—
'( ) as to the commissioning of independent advocacy services and requirements placed on any officer of a local NHS body or other specified body to assist the advocacy service in discharging its duties,'.
Mr Paul Burstow
Dr Peter Brand
45
Clause 7, page 6, line 20, at end insert—
'( ) as to the composition of the committee so as to include representatives of the voluntary sector and the Patients' Forum'.
Dr Liam Fox
Mr Philip Hammond
243
Clause 7, page 6, line 20, at end insert—
'( ) as to matters relating to co-operation between the health service in the authority's area and providers of personal social services in that area'.
Mr John Denham
187
Clause 7, page 6, line 32, leave out 'or other specified body'.
Mr Paul Burstow
Dr Peter Brand
24
Clause 7, page 6, line 33, at end insert—
'provided that the matters referred to in paragraphs (a) and (b) above shall include the measures taken by the authority to avoid discrimination by reason of age.'.
Mr Paul Burstow
Dr Peter Brand
25
Clause 7, page 6, line 33, at end insert—
'(g) as to information which the committee shall make available to Patients' Forums.'.
Mr Paul Burstow
Dr Peter Brand
75
Clause 7, page 6, line 33, at end insert—
'(g) requiring the committee to liaise with the Patients' Forums on matters of concern raised by the Patients' Forums,
(h) as to matters allowing the committee to set up local enquiries with the power to call for evidence,
(i) as to matters allowing the committee to refer matters of concern to NICE, CHI, the Audit Commission and the Secretary of State.'.
Dr Liam Fox
Mr Philip Hammond
244
Clause 7, page 6, line 33, at end add—
'( ) requiring any member of an overview and scrutiny committee who is also a member of a Health Authority, NHS Trust or Primary Care Trust not to take part in the discharge by the Committee of the functions described in subsection (1) above.'.
Mr John Denham
188
Clause 7, page 6, line 34, leave out subsection (4).
Mr Paul Burstow
Dr Peter Brand
76
Clause 7, page 6, line 37, at end insert—
'(4A) Before making regulations under this section the Secretary of State shall consult Community Health Councils, patients' and carers' organisations and the wider community.'.
Mr Paul Burstow
Dr Peter Brand
227
Clause 7, page 6, line 37, at end insert—
'(4A) Regulations under this section may also provide for functions under section 21(2)(f) of the Local Government Act 2000 to be performed under joint arrangements, to be determined locally, between a county council and any or all districts within the county council area.'.
Mr Paul Burstow
Dr Peter Brand
77
Clause 7, page 7, leave out lines 1 to 3.
Mr Paul Burstow
Dr Peter Brand
26
Clause 7, page 7, line 3, at end add—
'(7) Before making any regulations under subsection (3) above, the Secretary of State shall consult such bodies as represent the interests of those likely to be affected by the regulations.'.
Mr John Denham
189
Schedule 1, page 58, line 37, leave out from 'Authority' to end of line 38.
Mr Paul Burstow
Dr Peter Brand
27
Clause 9, page 7, line 30, after 'persons', insert 'of all ages'.
Mr Paul Burstow
Dr Peter Brand
78
Clause 9, page 7, line 31, after 'representatives', insert '(including community health councils, patients' and carers' organisations, ILAFs, Patients' Forums, overview and scrutiny committees, and the wider community,)'.
Dr Liam Fox
Mr Philip Hammond
246
Clause 9, page 7, line 39, after 'Authorities', insert '(including Special Health Authorities)'.
Mr Paul Burstow
Dr Peter Brand
79
Clause 9, page 7, line 39, at end insert—
'( ) Special Health Authorities'.
Dr Liam Fox
Mr Philip Hammond
247
Clause 9, page 7, line 41, at end insert—
'(2A) It is the duty of every body to which this section applies to publish annually (in such manner as it reasonably believes appropriate) a report on the arrangements it has made to discharge its duties under subsection (1) above'.
Mr Paul Burstow
Dr Peter Brand
80
Clause 9, page 8, line 8, at end add—
'( ) Every body to which this section applies shall include in their annual report details of the arrangements maintained in that year for obtaining the views of patients, carers and the wider community.'.
Mr Paul Burstow
Dr Peter Brand
237
Clause 9, page 8, line 8, at end add—
'(4) It is the duty of every body to which this section applies to commission independent advocacy services to support any formal complaints made against that body and to support patients' use and access to services provided by, or under arrangements made by, that body.'.
Dr Liam Fox
Mr Philip Hammond
248
Clause 10, page 8, line 9, after '(1)', insert 'Before the commencement of section 14 of this Act,'.
Mr Paul Burstow
Dr Peter Brand
46
Clause 10, page 8, line 9, leave out 'Secretary of State' and insert 'local authorities specified in section 7(2)'.
Mr Paul Burstow
Dr Peter Brand
47
Clause 10, page 8, leave out lines 10 to 12.
