S.C.E.
Amendment Paper as at
Wednesday 4th June 2003
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HEALTH AND SOCIAL CARE (COMMUNITY HEALTH AND STANDARDS) BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [13th and 22nd May].
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
460
Clause 36, page 13, line 27, after 'the', insert 'Independent'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
461
Clause 36, page 13, line 28, leave out 'CHAI' and insert 'ICHAI'.
Dr Evan Harris
Mrs Patsy Calton
Mr Paul Burstow
368
Clause 36, page 13, line 28, at end insert
'(1A) Subject to any duty imposed on it by statute, the CHAI shall have complete discretion in the discharge of its functions under this Part.'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
462
Clause 36, page 13, line 29, leave out 'CHAI' and insert 'ICHAI'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
221
Clause 36, page 13, line 29, at end add
'(3) No order may be made by the Secretary of State under section 177 for the commencement of section 39(1) until such time as he is satisfied that the CHAI is fully operational.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
431
Schedule 5, page 110, line 35, at end insert
'(4) The CHAI must consult and have regard to the advice of the Children's Rights Director under Schedule 6(5)(2).'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
349
Schedule 5, page 111, line 3, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act,'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
190
Schedule 5, page 111, line 3, leave out 'Secretary of State' and insert 'NHS Appointments Commission'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
191
Schedule 5, page 111, line 6, leave out 'Secretary of State' and insert 'NHS Appointments Commission'.
Mr John Hutton
339
Schedule 5, page 111, line 30, after 'Secretary of State', insert '(or, in the case of a person appointed under sub-paragraph (1)(b), the Assembly)'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
350
Schedule 5, page 111, line 44, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
351
Schedule 5, page 111, line 45, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
352
Schedule 5, page 111, line 46, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr John Hutton
340
Schedule 5, page 112, line 12, leave out from 'CHAI' to end of line 13.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
463
Clause 37, page 13, line 31, after 'the', insert 'Independent'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
464
Clause 37, page 13, line 32, leave out 'CSCI' and insert 'ICSCI'.
Dr Evan Harris
Mrs Patsy Calton
Mr Paul Burstow
369
Clause 37, page 13, line 32, at end insert
'(1A) Subject to any duty imposed on it by statute, the CSCI shall have complete discretion in the discharge of its functions under this Part.'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
465
Clause 37, page 13, line 33, leave out 'CSCI' and insert 'ICSCI'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
222
Clause 37, page 13, line 33, at end add
'(3) No order may be made by the Secretary of State under section 177 for the commencement of section 39(2) until such time as he is satisfied that the CSCI is fully operational.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
433
Schedule 6, page 114, line 17, at end insert
'(4) The CSCI must adopt the Articles of the United Nations Convention on the Rights of the Child as the principles upon which actions taken or decisions made by or on behalf of CSCI which affect the rights and welfare of any child receiving service regulated under Parts II, III and VIII of the Care Standards Act 2000 must be based in all situations not specifically covered by primary legislation, Regulations or National Minimum Standards.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
353
Schedule 6, page 114, line 19, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act,'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
192
Schedule 6, page 114, line 20, leave out 'Secretary of State' and insert 'NHS Appointments Commission'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
354
Schedule 6, page 114, line 21, leave out 'The Secretary of State' and insert 'A Special Health Authority under section 168 of this Act.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
355
Schedule 6, page 114, line 27, leave out 'The Secretary of State' and insert 'A Special Health Authority under section 168 of this Act'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
356
Schedule 6, page 114, line 36, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
357
Schedule 6, page 114, line 41, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
358
Schedule 6, page 115, line 1, leave out 'the Secretary of State' and insert 'a Special Health Authority under section 168 of this Act'.
Mr John Hutton
341
Schedule 6, page 115, line 12, leave out from 'CSCI' to end of line 13.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
432
Schedule 6, page 115, line 15, at end insert
'(2A) The CSCI must also appoint a Vulnerable Adults Rights Director who is to be an employee of CSCI and is to have such functions as may be prescribed.'.
Mr John Hutton
342
Schedule 7, page 117, line 40, leave out 'notify' and substitute 'inform'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
466
Schedule 7, page 117, line 42, leave out from 'terminated' to end of line and insert 'on the last day of operation of the transferee when any notice period will conclude under the current contract of employment;'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
467
Schedule 7, page 118, line 3, leave out 'substantial' and insert 'significant'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
468
Schedule 7, page 118, line 4, at end insert
'(3A) An employee shall, in circumstances where a significant change to his working conditions takes place, have the right to take redundancy under the current contract of employment.'.
Dr Evan Harris
Mrs Patsy Calton
Mr Paul Burstow
162
Clause 40, page 14, line 12, leave out 'and'.
Dr Evan Harris
Mrs Patsy Calton
Mr Paul Burstow
163
Clause 40, page 14, line 13, at end insert '; and
(c) the promotion of wellbeing'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
189
Clause 41, page 14, line 17, at beginning insert
'( ) The CHAI shall be the principal guardian of standards in the NHS.'.
Dr Evan Harris
Mrs Patsy Calton
Mr Paul Burstow
108
Clause 41, page 14, line 17, leave out 'Secretary of State' and insert 'CHAI'.