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Schedule 1
Amendments made: No. 253, in page 99, line 16, at end insert—
'( ) The area specified under subparagraph (1)(a) must be an electoral area for the purposes of local government elections in England or an area consisting of two or more such electoral areas.'.
No. 254, in page 99, line 20, leave out subparagraphs (3) and (4) and insert—
'(3) The constitution may also provide for the staff constituency to comprise individuals who exercise functions for the purposes of the corporation otherwise than under a contract of employment with the corporation.
(4) A person may become or continue as a member of the staff constituency only if—
(a) he is employed by the corporation under a contract of employment which has no fixed term or has a fixed term of at least 12 months, or
(b) he has been continuously employed by the corporation for at least 12 months or, where subparagraph (3) applies, he has continuously exercised functions for the purposes of the corporation for such a period.
(5) A person eligible for membership of the staff constituency may not become or continue as a member of the public constituency.
(6) Chapter 1 of Part 14 of the Employment Rights Act 1996 (c.18) applies for the purpose of determining whether an individual has been continuously employed by the corporation, or has continuously exercised functions for the purposes of the corporation, as it applies for the purposes of that Act.'.
No. 255, in page 99, line 26, leave out 'be' and insert 'become'.
No. 256, in page 99, line 28, leave out subparagraph (2).
No. 257, in page 99, line 36, leave out 'be' and insert 'become or continue as'.
No. 258, in page 100, line 3, leave out subparagraph (2) and insert—
'(2) Only members of the corporation and persons appointed under the following provisions may become or continue as members of the board.'.
No. 259, in page 100, line 11, leave out 'postal' and insert 'secret'.
No. 260, in page 100, line 11, at end insert—
'6A (1) The following may not become or continue as members of the board of governors—
(a) a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged,
(c) a person who within the preceding five years has been convicted in the British Islands of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) was imposed on him.
(2) The constitution may make further provision as to the circumstances in which a person may not become or continue as a member of the board.'.
No. 354, in page 100, line 16, at end insert—
'( ) At least one member of the board is to be appointed by one or more qualifying local authorities.
A qualifying local authority is a local authority for an area which includes the whole or part of the area specified under paragraph 3(1)(a).'.
No. 261, in page 100, line 19, at end insert—
'(5) An organisation specified in the constitution as a partnership organisation may appoint a member of the board.'.
No. 262, in page 101, line 7, leave out subparagraph (2) and insert—
'(2) A person may not be appointed as an executive director if he is within paragraph 6A(1).
(3) A person may be appointed as a non-executive director only if—
(a) he is a member of the public constituency, or
(b) where any of the corporation's hospitals includes a medical or dental school provided by a university, he exercises functions for the purposes of that university,
and he is not within paragraph 6A(1).'.
No. 263, in page 101, line 9, at end insert 'chairman and the other'.
No. 242, in page 101, line 28, at end insert—
'(d) a register of interests of the directors.'.
No. 243, in page 101, line 30, at end insert—
'17A The constitution is to make provision for dealing with conflicts of interest of the directors.'.
No. 244, in page 101, line 36, leave out paragraph (c) and insert—
'(c) the registers mentioned in paragraph 17,'.
No. 234, in page 103, line 7, leave out 'any' and insert—
'(a) information on any steps taken by the corporation to secure that (taken as a whole) the actual membership of its public constituency is representative of those eligible for such membership,
(b) any other'.—[Mr. Hutton.]
Schedule 2
Amendments made: No. 264, in page 104, line 23, leave out from 'is' to first 'a' in line 24.
No. 265, in page 104, line 29, leave out
'as a member of staff'
and insert
'in the employment by reference to which he was a participant'.—[Mr. Hutton.]
Schedule 4
Amendments made: No. 266, in page 110, line 29, after 'or', insert 'otherwise'.
No. 358, in page 114, line 8, 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".'.
No. 267, in page 116, line 28, at end insert—
'The Antiterrorism, Crime and Security Act 2001 (c.24)
118A The Antiterrorism, 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.".'.—[Mr. Hutton.]
Sir Patrick Cormack (South Staffordshire): On a point of order, Madam Deputy Speaker. Can you confirm that that extraordinary list of amendments, which was not read out by Mr. Deputy Speaker for understandable reasons, will be printed in Hansard, so that people know how many amendments were tabled for this short period?
More important, Madam Deputy Speaker, would you ask Mr. Speaker whether he will refer the whole question of programming to the Procedure Committee so that, in future, the time taken for votes is not counted in the programme motion? As it is, we have exactly half an hour left to debate what we were given an hour and a half to debate. I hope that you agree, Madam Deputy Speaker—[Interruption]—and I hope that those who are protesting would agree that this adds to the insult to Parliament.
Madam Deputy Speaker: Order. In response to the first part of the point of order, I can assure the hon. Member for South Staffordshire (Sir Patrick Cormack) that all those amendments and new clauses will be included in Hansard tomorrow.
On the second point, as the present occupant of the Chair, I am very mindful both that time is proceeding and of the time that is left for the debate. I shall certainly make sure that Mr. Speaker is aware of that. The Procedure Committee or the Modernisation Committee may already be considering the point raised by the hon. Gentleman.
New Clause 30
Complaints About Health Care
'(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—
(a) an NHS body;
(b) the CHAI;
(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.'.—[Dr. Ladyman.]
Brought up, and read the First time.
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