Amendments proposed to the Health and Social Care (Community Health and Standards) Bill - continued House of Commons

back to previous text
CHAI fees: Wales

   

Mr John Hutton

NC12

To move the following Clause:—

          '(1)   The CHAI may from time to time make and publish provision—

          (a) requiring a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to that body, of such of its functions under this Chapter as may be prescribed;

          (b) requiring a person of a prescribed description who provides health care for a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to the health care so provided by that person, of such of its functions under this Chapter as may be prescribed.

          (2)   The CHAI may not under subsection (1)(b) require an English NHS body or cross-border SHA to pay a fee.

          (3)   The amount of a fee payable under provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.

          (4)   Provision under subsection (1) may include provision—

          (a) for different fees to be paid in different cases, or classes of case;

          (b) for different fees to be paid by persons of different descriptions;

          (c) for the amount of a fee to be determined by the CHAI in accordance with specified factors;

          (d) for the time by which a fee must be paid.

          (5)   Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.

          (6)   The Assembly may by regulations make provision as to—

          (a) the manner in which provision under subsection (1) is to be made and published;

          (b) the matters to be taken into account by the CHAI before making the provision.

          (7)   The Assembly may by regulations make provision for an independent person or panel to review the amount charged under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

          (8)   For the purpose of determining the fee payable by a person or body under subsection (1), the person or body must provide the CHAI with such information, in such form, as the CHAI may require.

          (9)   A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.'


Duty to have regard to government policy: CHAI

   

Mr John Hutton

NC13

To move the following Clause:—

    '(1)   In exercising any of its functions the CHAI must have regard to such aspects of government policy as the Secretary of State may direct.

    (2)   Subsection (1) does not apply in relation to any of the CHAI's functions under section 49(1), 50, 52 or 54.

    (3)   In exercising any of its functions under any of the sections referred to in subsection (2)—

      (a) where the exercise relates to the provision of health care by or for an English NHS body or cross-border SHA, the CHAI must have regard to such aspects of government policy as the Secretary of State may direct; and

      (b) where the exercise relates to the provision of health care by or for a Welsh NHS body, the CHAI must have regard to such aspects of the Assembly's policy as the Assembly may direct.

    (4)   In relation to any function conferred on the CHAI under subsection (1)(a) of section 57, regulations under that section may do either or both of the following—

      (a) they may disapply subsection (1) of this section in relation to that function;

      (b) they may require the CHAI, in exercising the function in relation to the provision of health care by or for a Welsh NHS body, to have regard to such aspects of the Assembly's policy as the Assembly may direct.

    (5)   A direction under this section—

      (a) must be given in writing;

      (b) may be varied or revoked by a further direction under this section.'.


Criteria

   

Mr John Hutton

NC14

To move the following Clause:—

    '(1)   The Secretary of State may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in—

      (a) the exercise of any of its functions under section 49(1), 50, 52 or 54 in relation to the provision of health care by or for an English NHS body or cross-border SHA;

      (b) the exercise of any of its functions under section 53, 55, 56 or 57(1)(b);

    (2)   The Assembly may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in the exercise of its functions under section 49(1), 50, 52 or 54 in relation to the provision of health care by or for a Welsh NHS body.

    (3)   In relation to any function conferred on the CHAI under subsection (1)(a) of section 57, regulations under that section may provide that any one or more of the following provisions of this section shall have effect as if it included a reference to the exercise of that function—

      (a) subsection (1)(a);

      (b) subsection (1)(b);

      (c) subsection (2).

    (4)   Regulations under this section may require the CHAI—

      (a) to obtain the consent of the Secretary of State before publishing a statement under subsection (1);

      (b) to obtain the consent of the Assembly before publishing a statement under subsection (2).'.


Failure in discharge of functions: CHAI

   

Mr John Hutton

NC15

To move the following Clause:—

    '(1)   Where the Secretary of State considers that the CHAI is to a significant extent—

      (a) failing to discharge any of its functions under this Act; or

      (b) failing properly to discharge any of those functions;

    he may give a direction to the CHAI.

    (2)   The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—

      (a) relates to any function of the CHAI under section 49(1), 50, 52 or 54; and

      (b) relates to the provision of health care by or for a Welsh NHS body.

    (3)   Regulations under section 57 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—

      (a) the Assembly, and not the Secretary of State, may give directions to CHAI under subsection (1);

      (b) the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).

    (4)   The CHAI must comply with any direction given to it under this section.

    (5)   A direction given under this section—

      (a) must be given in writing;

      (b) may be varied or revoked by a further direction under this section.'.


Co-operation etc. between CHAI and CSCI

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC4

To move the following Clause:—

    '.—(1)   The CHAI and the CSCI must co-operate with each other where it seems to them appropriate to do so in discharging their functions under Chapter 9.

    (2)   The CHAI and the CSCI may exercise any of their powers to discharge their functions under Chapter 9 in conjunction with each other.'.


Studies by CSCI into discharge of functions under the Care Standards Act 2000

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC7

To move the following Clause:—

       '.—The CSCI may promote or undertake studies designed to enable it to prepare reports as to the impact of the discharge of its functions under Parts II and III of the Care Standards Act 2000 on the quality, supply and cost of regulated services and the commissioning decisions of local authorities.'.


Statements under section 23 of the Care Standards Act 2000

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC8

To move the following Clause:—

       '.—In section 23 of the Care Standards Act 2000—

      (a) in subsection (1) for "appropriate Minister" substitute "CSCI";

      (b) in subsection (2) for "appropriate Minister" substitute "CSCI";

      (c) for subsection (3) substitute—

          "(3) The CSCI must consult such persons as it considers appropriate—

          (a) before publishing a statement under this section;

          (b) before publishing an amended statement under this section which in the opinion of the CSCI effects a substantial change in the standard.".'.


Services for people of pensionable age

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC9

To move the following Clause:—

       '.—In the Care Standards Act 2000, after section 23(2) there is inserted—

       "In reviewing standards the appropriate Minister must ensure that lower standards are not applied to Part II and III services received predominantly or exclusively by people at or above state pensionable age.".'.


Compliance with section 1 of the Human Rights Act 1998

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC10

To move the following Clause:—

       '.—In the Care Standards Act 2000, at end of section 13(2)(b) leave out "and" and insert—

      "(aa) the requirements of section 1 of the Human Rights Act 1998; and".'.


Human rights requirements

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC11

To move the following Clause:—

       '.—In the Care Standards Act 2000, after section 22(1) insert—

      "(1A) Regulations may impose requirements to secure the rights of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency under section 1 of the Human Rights Act 1998".'.


   

Mrs Patsy Calton
Dr Evan Harris
Mr Paul Burstow

597

Clause     167,     page     84,     line     19,     leave out 'food of a prescribed description' and insert 'milk or appropriate alternative and other foods of a beneficial nature.'.

   

Mr Stephen McCabe
Mr Stephen Hepburn

601

Clause     167,     page     84,     line     19,     at end insert—

    '(1A)   Before establishing, or varying, a scheme an order made by the Secretary of State shall be laid before Parliament to implement any Regulations under section 13(1) and shall cease to have effect unless approved by an affirmative resolution of each House of Parliament.'.

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2003
Prepared 12 Jun 2003