Amendments proposed to the Health and Social Care (Community Health and Standards) Bill, As Amended - continued	House of Commons
back to previous text

Joint annual reviews

   

Mr Secretary Reid

NC38

To move the following Clause:—

    '(1)   Regulations made by the Secretary of State may provide that, where services of a description specified in the regulations are provided under arrangements under section 31 of the Health Act 1999 (c.8), the CHAI and the CSCI shall jointly—

(a)	review the provision by the parties to the arrangements of such services as may be specified in the regulations;

(b)	award a performance rating in respect of those services.

    (2)   The regulations may provide that the CHAI and the CSCI are to exercise their functions under this section—

(a)	at such times as may be specified in the regulations;

(b)	by reference to criteria determined by the CHAI and the CSCI and approved by the Secretary of State.

    (3)   The regulations may require the CHAI and the CSCI to publish a report after conducting a review under this section.'

---

Duty of the CHAI to prepare standards guidance relating to health care

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC2

To move the following Clause:—

    '(1)   It shall be the duty of the CHAI to prepare guidance to assist in securing the raising of standards in health care.

    (2)   In preparing guidance for the purposes of subsection (1), the CHAI shall have regard to performance indicators relating to—

(a)	the availability of, and access to, health care;

(b)	the quality and effectiveness of the health care provided to patients; and

(c)	the financial and other management of the delivery of the health care to patients.

    (3)   The CHAI must—

(a)	lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and

(b)	once they have done so, send a copy of it to the Secretary of State.'.

---

Duty of the CSCI to prepare standards guidance relating to social care

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC3

To move the following Clause:—

    '(1)   It shall be the duty of the CSCI to prepare guidance to assist in securing the raising of standards in social care.

    (2)   In preparing guidance for the purposes of subsection (1), the CSCI shall have regard to performance indicators relating to—

(a)	the availability of, and access to, social care services;

(b)	the quality and effectiveness of the social care services provided to the public; and

(c)	the management of the delivery of the social care services.

    (3)   The CSCI must—

(a)	lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and

(b)	once they have done so, send a copy of it to the Secretary of State.'.

---

Duty of the CHAI to prepare standards guidance relating to health care in Wales

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC4

To move the following Clause:—

    '(1)   It shall be the duty of the CHAI to prepare guidance to assist in securing the raising of standards in health care in Wales.

    (2)   In preparing guidance for the purposes of subsection (1), the CHAI shall have regard to performance indicators relating to—

(a)	the availability of, and access to, health care;

(b)	the quality and effectiveness of the health care provided to patients; and

(c)	the financial and other management of the delivery of the health care to patients.

    (3)   The CHAI must—

(a)	lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and

(b)	once they have done so, send a copy of it to the Secretary of State and the Assembly.'.

---

Duty of the CSCI to prepare standards guidance relating to social care in Wales

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC5

To move the following Clause:—

    '(1)   It shall be the duty of the CSCI to prepare guidance to assist in securing the raising of standards in social care in Wales.

    (2)   In preparing guidance for the purposes of subsection (1), the CSCI shall have regard to performance indicators relating to—

(a)	the availability of, and access to, social care services;

(b)	the quality and effectiveness of the social care services provided to the public; and

(c)	the management of the delivery of the social care services.

    (3)   The CSCI must—

(a)	lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and

(b)	once they have done so, send a copy of it to the Secretary of State and the Assembly.'.

---

Duties of the Assembly in relation to the cross-border provision of health care

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC6

To move the following Clause:—

    '(1)   It shall be the duty of the Assembly to consult SHAs and other NHS bodies in areas of England adjoining Wales before—

(a)	publishing statements of standards under section 42;

(b)	carrying out a review under section 64(1)(b) or (3)(b) relating to health care provision partly or wholly in England; or

(c)	making a report under section 65.

    (2)   It shall be the duty of the Assembly to request the CHAI to exercise so much of its review and investigations functions as relate to English NHS bodies.'.

---

Duties of the Assembly in relation to the cross-border provision of social care

   

Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan

NC7

To move the following Clause:—

    '(1)   It shall be the duty of the Assembly to consult local authorities in areas of England adjoining Wales before carrying out a review under section 88(2)(c) relating to social care provision partly or wholly in England.

    (2)   It shall be the duty of the Assembly to request the CSCI to exercise so much of its review and investigations functions as relate to local authorities in England.'.

---

CHAI responsibilities for standard setting

   

Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton

NC10

To move the following Clause:—

       'The Secretary of State must direct the Commission for Healthcare Audit and Inspection to exercise his functions in relation to section 41.'.

---

Functions of CHAI in relation to the Secretary of State's guidance

   

Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton

NC12

To move the following Clause:—

       'The CHAI has the function of conducting reviews into the effect on the National Health Service of the provision of guidance to NHS bodies by the Secretary of State.'.

---

Co-operation between CHAI and CSCI

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC13

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

NC14

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.'.

---

Services for people of pensionable age

   

Mr Paul Burstow
Dr Evan Harris
Mrs Patsy Calton

NC15

To move the following Clause:—

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

    "(2A)   In reviewing standards the appropriate Minister must ensure that lower standards are not applied to Parts 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

NC16

To move the following Clause:—

       'In the Care Standards Act 2000, at end of section 13(2)(a) 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

NC17

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.".'.

---

Requirements for consultation by registration authority

   

Mr Andrew Lansley

NC22

To move the following Clause—

       'In section 13 of the Care Standards Act 2000 (c. 14) after subsection (1) insert—

    "(1A)   Before granting or refusing an application under section 12, the registration authority shall notify with summary details, those persons who appear to the registration authority to be affected to a significant extent by the application, including residents in the immediate locality of an establishment or agency, and shall take account of representations and evidence provided by those persons within a reasonable time, as to the desirability of granting the application in the light of the effects on those persons or other persons.".'.

---

Prepared 8 Jul 2003