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Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
2
Page 29, line 14 [Clause 73], leave out from 'must' to end of line and insert 'undertake an assessment of the performance of that authority in relation to the guidance issued under section [duty of the CSCI to prepare standards guidance relating to social care]'.
Mr Secretary Reid
381
*Page 29, line 19 [Clause 73], leave out 'function' and insert 'functions'.
Mr Secretary Reid
382
*Page 30, line 19 [Clause 74], leave out from 'publish' to end of line and insert 'a report'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
3
Page 30, line 24 [Clause 75], leave out from 'CSCI' to 'a' and insert 'concludes as a result of an assessment that there is significant cause for concern about the effectiveness of the performance of'.
Mr Secretary Reid
383
*Page 31, line 27 [Clause 76], leave out 'at least a summary of'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
23
Page 35, line 33 [Clause 88], leave out paragraph (b) and insert—
| '(b) | undertake an assessment of the performance of each such body in relation to the guidance issued under section [duty of the CHAI to prepare standards guidance relating to health care in Wales]'. |
Mr Secretary Reid
384
*Page 35, line 38 [Clause 88], leave out from 'publish' to end of line and insert 'a report'.
Mr Secretary Reid
385
*Page 37, line 9 [Clause 92], leave out from 'inspect' to end of line 16 and insert—
| '(a) | any premises owned or controlled by a local authority in Wales; |
| (b) | any premises falling within subsection (1A), other than premises used wholly or mainly as a private dwelling. |
(1A) The premises referred to in subsection (1)(b) are premises—
| (a) | which are used, or proposed to be used, by any person in connection with the provision of a Welsh local authority social service; or |
| (b) | which the Assembly reasonably believes to be so used, or proposed to be so used.' |
Mr Secretary Reid
386
*Page 43 [Clause 105], leave out lines 24 to 26 and insert—
'"(9A) Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5), it must publish a report.'
Mr Secretary Reid
301
Page 44, line 6, leave out Clause 107.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
40
Page 44, line 7 [Clause 107], leave out subsection (1) and insert—
'(1) Complaints under this Act may be made by an individual or a body of persons, whether incorporated or not.
(1A) A complaint may be submitted in respect of—
| (a) | the exercise by an NHS body of any of its functions, |
| (b) | the provision by any person of health care for which the body is responsible. |
| (c) | the provision of services by the body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority. |
(1B) A complaint may be initiated by—
| (a) | the person aggrieved, |
| (b) | his personal representative, |
| (c) | a member of his family, |
| (d) | an independent advocate, or |
| (e) | some body or individual suitable to represent him.'. |
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
41
Page 44, line 7 [Clause 107], leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
42
Page 44, line 17 [Clause 107], leave out 'may in particular make' and insert 'shall make further'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
43
Page 44, line 17 [Clause 107], leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
44
Page 44, line 18 [Clause 107], leave out paragraph (a).
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
45
Page 44, line 20 [Clause 107], at end insert ', including timescales for completion of each stage'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
46
Page 44, line 26 [Clause 107], at end insert—
| '(h) | for a specific complaint and redress procedure for challenging the refusal of NHS-funded continuing care'. |
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
47
Page 44, line 27 [Clause 107], leave out subsection (3).
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
48
Page 44, line 29 [Clause 107], leave out 'and within the prescribed period'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
49
Page 44, line 37 [Clause 107], leave out paragraph (d).
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
50
Page 44, line 37 [Clause 107], at end insert—
| '(e) | primary care practices providing NHS services under contract, and other private providers treating patients under contract with an NHS body'. |
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
51
Page 44, line 37 [Clause 107], at end insert—
'(4A) The provision that may be made under subsection (2)(f) includes the provision for a report about a complaint to recommend the making of an ex-gratia payment in respect of injuries sustained, loss of earnings or expenses incurred as a consequence of the incident or incidents complained about.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
52
Page 45, line 4 [Clause 107], leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
53
Page 45, line 6 [Clause 107], at end insert—
'(6A) Provision under subsection (2)(g) will include provision for a complaint to be referred to either the CHAI or the Health Service Commissioner if the complaints procedure has not been completed at the relevant stage within a reasonable timeframe.'.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
54
Page 45, line 16 [Clause 107], at end insert—
'(8A) Regulations under this section shall include provisions for the right to an oral hearing with the investigating officers of the relevant body where appropriate.'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
26
Page 45, line 19 [Clause 107], at end insert—
'(10) No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.'.
Mr Secretary Reid
302
Page 45, line 20, leave out Clause 108.
Mr Secretary Reid
303
Page 46, line 32, leave out Clause 109.
Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton
55
Page 46, line 43 [Clause 109], at end insert—
| '( ) | for circumstances in which a complaint may be considered, including— |
| (i) | the breach of any duty under Part IV of the Care Standards Act 2000, and |
| (ii) | the breach of any duty to provide services under Part III of the Health Service and Community Care Act 1990 (c. 19).'. |
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
27
Page 47, line 41 [Clause 109], at end insert—
'(10) No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.'.
Mr Secretary Reid
304
Page 47, line 42, leave out Clause 110.
Mr Secretary Reid
305
Page 49, line 13 [Clause 111], leave out from beginning of line to end of line 45 and insert—
'(2) The regulations may in particular make provision—
| (a) | for the further consideration of a representation by the Commission for Social Care Inspection ("the CSCI"); |
| (b) | for a representation to be referred by the CSCI for further consideration by an independent panel established under the regulations; |
| (c) | about the procedure to be followed on the further consideration of a representation; |
| (d) | for the making of recommendations about the action to be taken as the result of a representation; |
| (e) | about the making of reports about a representation; |
| (f) | about the action to be taken by the local authority concerned as a result of the further consideration of a representation; |
| (g) | for a representation to be referred by the CSCI back to the local authority concerned for reconsideration by the authority; |
| (h) | for a representation or any matter raised by the representation to be referred by the CSCI— |
| (i) | to the Commission for Local Administration in England for it to consider whether to investigate the representation or matter under Part 3 of the Local Government Act 1974 as if it were a complaint duly made under section 26 of that Act; or |
| (ii) | to any other person or body for him or it to consider whether to take any action otherwise than under the regulations. |
(3) The regulations may require—
| (a) | the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made; |
| (b) | any such payment to be— |
| (i) | made to such person or body as may be specified in the regulations; |
| (ii) | of such amount as may be specified in, or calculated or determined under, the regulations; |
| (c) | an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount. |
(4) The regulations may also—
| (a) | provide for different parts or aspects of a representation to be treated differently; |
| (b) | require the production of information or documents in order to enable a representation to be properly considered; |
| (c) | authorise the disclosure of information or documents relevant to a representation— |
| (i) | to a person or body who is further considering a representation under the regulations; or |
| (ii) | to the Commission for Local Administration in England (when a representation is referred to it under the regulations); |
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.".'.
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