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Mr Jon Owen Jones
Mark Tami
Paul Flynn
Mr Chris Bryant
Mr Huw Edwards
Mrs Jackie Lawrence
89
Page 110, line 15 [Schedule 4], leave out 'Secretary of State' and insert 'appropriate Minister'.
Mr Secretary Reid
266
Page 110, line 29 [Schedule 4], after 'or', insert 'otherwise'.
Mr Jon Owen Jones
Mark Tami
Paul Flynn
Mr Chris Bryant
Mr Huw Edwards
Mrs Jackie Lawrence
90
Page 113, line 38 [Schedule 4], leave out 'Secretary of State' and insert 'appropriate Minister'.
Mr Secretary Reid
358
Page 114, line 8 [Schedule 4], at end insert—
'(c) in paragraph 32, at the end there is inserted "or section (Section (Mergers): supplementary) of the Health and Social Care (Community Health and Standards) Act 2003".'.
Mr Secretary Reid
267
Page 116, line 28 [Schedule 4], at end insert—
'The Anti-terrorism, Crime and Security Act 2001 (c. 24)
| | 118A | The Anti-terrorism, Crime and Security Act 2001 is amended as follows. |
| | 118B | In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted— |
| | "53A | Paragraph 8(1) of Schedule (Audit of accounts of NHS foundation trusts) to the Health and Social Care (Community Health and Standards) Act 2003.".'. |
NEW CLAUSES RELATING TO PART 2
Complaints about health care
Mr Secretary Reid
NC30
To move the following Clause:—
'(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
| (a) | the exercise of any of the functions of an English NHS body or a cross-border SHA; |
| (b) | the provision of health care by or for such a body; |
| (c) | the provision of services by such a body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c.8) in relation to the exercise of the health-related functions of a local authority. |
(2) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
| (a) | the exercise of any of the functions of a Welsh NHS body; |
| (b) | the provision of health care by or for a Welsh NHS body; |
| (c) | the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c.8) in relation to the exercise of the health-related functions of a local authority. |
(3) Regulations under this section may provide for a complaint to be considered by one or more of the following—
| (c) | an independent lay person; |
| (d) | an independent panel established under the regulations; |
| (e) | any other person or body. |
(4) Regulations under this section may make provision for a complaint or any matter raised by a complaint—
| (a) | to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c.46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act); |
| (b) | to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.'. |
Complaints about social services
Mr Secretary Reid
NC31
To move the following Clause:—
'(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
| (a) | the discharge by a local authority in England of any of its social services functions; |
| (b) | the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions; |
| (c) | the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 (c.8) in relation to the functions of an NHS body (within the meaning of that section). |
(2) Regulations under subsection (1) may provide for a complaint to be considered by one or more of the following—
| (a) | the local authority in respect of whose functions the complaint is made; |
| (c) | an independent panel established under the regulations; |
| (d) | any other person or body. |
(3) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
| (a) | the discharge by a local authority in Wales of any of its social services functions; |
| (b) | the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions; |
| (c) | the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 (c.8) in relation to the functions of an NHS body (within the meaning of that section). |
(4) Regulations under subsection (3) may provide for a complaint to be considered by one or more of the following—
| (a) | the local authority in respect of whose functions the complaint is made; |
| (b) | an independent panel established under the regulations; |
| (c) | any other person or body. |
(5) Regulations under this section may provide for a complaint or any matter raised by a complaint—
| (a) | in the case of regulations under subsection (1), to be referred to the Commission for Local Administration in England for it to consider whether to investigate the complaint or matter under Part 3 of the Local Government Act 1974) (and to be treated as if it had been duly made under section 26 of that Act); |
| (b) | in the case of regulations under subsection (3), to be referred to the Commission for Local Administration in Wales for it to consider whether to investigate the complaint or matter under Part 3 of that Act (and to be treated as if it had been duly made under section 26 of that Act); |
| (c) | to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations. |
(6) Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c.41).'.
Complaints regulations: supplementary
Mr Secretary Reid
NC32
To move the following Clause:—
'(1) Regulations under subsection (1) or (2) of section (Complaints about health care) or under subsection (1) or (3) of section (Complaints about social services) ("the regulations") may, without prejudice to the generality of the subsection under which they are made, make the following provision.
(2) The regulations may make provision about—
| (a) | the persons who may make a complaint; |
| (b) | the complaints which may, or may not, be made under the regulations; |
| (c) | complaints which need not be considered; |
| (d) | the period within which complaints must be made; |
| (e) | the procedure to be followed in making and considering a complaint; |
| (f) | matters which are excluded from consideration; |
| (g) | the making of a report or recommendations about a complaint; |
| (h) | the action to be taken as a result of the complaint. |
(3) The regulations may require—
| (a) | the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made; |
| (b) | any such payment to be— |
| (i) | made to such person or body as may be specified in the regulations; and |
| (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 complaint to be treated differently; |
| (b) | require the production of information or documents in order to enable a complaint to be properly considered; |
| (c) | authorise the disclosure of information or documents relevant to a complaint to a person or body— |
| (i) | who is considering a complaint under the regulations; or |
| (ii) | to whom a complaint has been referred; |
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
(5) The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for—
| (a) | enabling such a complaint to be made under the regulations; and |
| (b) | securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures; |
and in this subsection "statutory complaints procedures" means procedures established by or under any enactment.'.
Representations relating to special guardianship support services
Mr Secretary Reid
NC33
To move the following Clause:—
'(1) In section 26 of the Children Act 1989 (c.41) (representations), after subsection (3B) insert—
"(3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
| (a) | a child with respect to whom a special guardianship order is in force, |
| (b) | a special guardian or a parent of such a child, |
| (c) | any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or |
| (d) | any person who has applied for an assessment under section 14F(3) or (4), |
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations."
(2) Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.'.
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