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Amendment made: No. 359, in page 15, line 16, leave out '48' and insert '52'.—[Dr. Ladyman.]
Clause 46
Amendments made: No. 360, in page 16, line 10, at end insert—
'(za) the overall provision of health care by and for NHS bodies;'.
No. 361, in page 16, line 15, at end insert—
'( ) a review under subsection (1)(za)'.
No. 362, in page 16, line 34, leave out from 'publish' to end of line 35 and insert 'a report'.—[Dr. Ladyman.]
Clause 47
Amendments made: No. 363, in page 16, line 38, leave out from 'by' to end of line 40 and insert
'and for English NHS bodies and cross-border SHAs.
(1A) The CHAI may in particular under this section conduct—
(a) a review of the overall provision of health care by and for English NHS bodies and cross-border SHAs;
(b) a review of the overall provision of a particular kind of health care by and for English NHS bodies and cross-border SHAs;
(c) a review of, or investigation into, the provision of any health care by or for a particular English NHS body or cross-border SHA.'.
No. 364, in page 16, line 42, leave out from 'by' to 'duty' in line 1 on page 17 and insert
'English NHS bodies and cross-border SHAs for the purpose of discharging their'.
No. 365, in page 17, line 2, leave out from 'conduct' to 'as' in line 4 and insert—
'(a) a review under subsection (1A)(a);
(c) a review or investigation under subsection (1A)(c), or a review under subsection (2), in relation to the provision of such health care by or for such body'.
No. 366, in page 17, line 10, leave out
'the NHS body in question'
and insert
'any English NHS body or cross-border SHA'.
No. 367, in page 17, line 11, leave out 'that' and insert 'such a'.
No. 368, in page 17, line 14, leave out from 'publish' to end of line and insert 'a report'.—[Dr. Ladyman.]
Clause 48
Amendments made: No. 369, in page 17, line 27, leave out 'person' and insert 'body'.
No. 370, in page 17, line 41, leave out 'other person' and insert 'body'.
No. 371, in page 18, line 15, leave out 'person' and insert 'body'.—[Dr. Ladyman.]
Clause 51
Amendment made: No. 372, in page 19, line 14, leave out from 'publish' to end of line 15 and insert 'a report'.—[Dr. Ladyman.]
Clause 53
Amendment made: No. 373, in page 19, line 32, leave out
'at least a summary of'
and insert
'its recommendations and'.—[Dr. Ladyman.]
Amendments made: No. 374, in page 25, line 5, leave out from 'conducting' to end of line 11 and insert
'reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.
(1A) The Assembly may in particular under this section conduct—
(a) a review of the overall provision of health care by and for Welsh NHS bodies;
(b) a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;
(c) a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.
(1B) The Assembly has the function of conducting reviews of the arrangements made by Welsh NHS bodies for the purpose of discharging their duty under section 40.'.
No. 375, in page 25, line 12, leave out 'subsection (1)' and insert 'this section'.
No. 376, in page 25, line 25, leave out 'subsection (1)' and insert 'this section'.
No. 377, in page 25, line 30, leave out from 'publish' to end of line 31 and insert 'a report'.—[Dr. Ladyman.]
Clause 65
Amendment made: No. 378, in page 26, line 6, at end insert—
'(2A) The Assembly must report to the regulator where, after conducting a review or investigation under section 64, it is of the view that—
(a) there are significant failings in relation to the provision of health care by or for an NHS foundation trust;
(b) there are significant failings in the running of an NHS foundation trust; or
(c) there are significant failings in the running of any body, or the practice of any individual, providing health care for an NHS foundation trust.
(2B) A report under subsection (2A) may include a recommendation that, with a view to remedying the failings, the regulator take special measures in relation to the NHS foundation trust.'.—[Dr. Ladyman.]
Clause 71
Amendment made: No. 379, in page 28, line 33, at end insert
', in the standards prepared and published from time to time under section 23 of that Act'.—[Dr. Ladyman.]
Clause 72
Amendment made: No. 380, in page 29, line 7, leave out from 'publish' to end of line 8 and insert 'a report'.—[Dr. Ladyman.]
Clause 73
Amendment made: No. 381, in page 29, line 19, leave out 'function' and insert 'functions'.—[Dr. Ladyman.]
Clause 74
Amendment made: No. 382, in page 30, line 19, leave out from 'publish' to end of line and insert 'a report'.—[Dr. Ladyman.]
Clause 76
Amendment made: No. 383, in page 31, line 27, leave out
'at least a summary of'.—[Dr. Ladyman.]
Clause 88
Amendment made: No. 384, in page 35, line 38, leave out from 'publish' to end of line and insert 'a report'.—[Dr. Ladyman.]
Clause 92
Amendment made: No. 385, in page 37, line 9, 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.'.—[Dr. Ladyman.]
Clause 105
Amendment made: No. 386, in page 43, 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.'.—[Dr. Ladyman.]
Clause 107
Amendment made: No. 301, in page 44, line 6, leave out clause 107.—[Dr. Ladyman.]
Clause 108
Amendment made: No. 302, in page 45, line 20, leave out clause 108.—[Dr. Ladyman.]
Clause 109
Amendment made: No. 303, in page 46, line 32, leave out clause 109.—[Dr. Ladyman.]
Clause 110
Amendment made: No. 304, in page 47, line 42, leave out clause 110.—[Dr. Ladyman.]
Clause 111
Amendments made: No. 305, in page 49, line 13, 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;
(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.".'.
No. 306, in page 49, line 45, at end insert—
'(1A) After section 26ZA of that Act (as inserted by subsection (1)) insert—
"26ZB Representations: further consideration (Wales)
(1) The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in Wales under section 24D or section 26.
(2) The regulations may in particular make provision—
(a) for the further consideration of a representation by an independent panel established under the regulations;
(b) about the procedure to be followed on the further consideration of a representation;
(c) for the making of recommendations about the action to be taken as the result of a representation;
(d) about the making of reports about a representation;
(e) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
8 Jul 2003 : Column 1025 (f) for a representation to be referred back to the local authority concerned for reconsideration by the authority.
(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; and
(c) for 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 to a person or body who is further considering a representation under the regulations;
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.".'.
No. 307, in page 50, line 5, after '26ZA', insert 'or 26ZB'.—[Dr. Ladyman.]
Clause 112
Amendment made: No. 308, in page 50, line 13, leave out from beginning to end of line 18 and insert
'any person or body in the exercise of any function under section (Complaints about health care) of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care)'.—[Dr. Ladyman.]
Clause 113
Amendments made: No. 309, in page 50, line 25, leave out
'107, 108, 109, or 110'
and insert
'(Complaints about health care) (1) or (2) or (Complaints about social services) (1) or (3).
No. 310, in page 50, line 27, leave out 'or 26ZA' insert ', 26ZA or 26ZB'.—[Dr. Ladyman.]
Clause 121
Amendments made: No. 387, in page 53, line 28, at end insert—
'( ) what it has found in the course of exercising its functions during the year in relation to the persons for whom it is the registration authority under the Care Standards Act 2000 (c.14).'—[Dr. Ladyman.]
No. 388, in page 53, line 29, leave out subsection (2).
No. 389, in page 53, line 34, at end insert—
'( ) The CHAI must also provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time request.'—[Dr. Ladyman.]
Clause 127
Amendments made: No. 390, in page 55, line 27, leave out subsection (1) and insert—
'(1) The Secretary of State may cause an inquiry to be held into any matter connected with the exercise by the CHAI of any of its functions.
(1A) The Assembly may cause an inquiry to be held into any matter connected with the exercise by the CHAI of any of its functions in relation to any health care provided by or for a Welsh NHS body.'
No. 391, in page 55, line 30, leave out 'authority' and insert
'Secretary of State or (in the case of an inquiry under subsection (1A)) the Assembly'.
No. 392, in page 55, line 38, leave out 'authority' and insert
'Secretary of State or (in the case of an inquiry under subsection (1A)) the Assembly'.
No. 393, in page 56, line 1, leave out 'appropriate authority' and insert
'Secretary of State or (in the case of an inquiry under subsection (1A)) the Assembly'.
No. 394, in page 56, line 3, leave out subsection (7).—[Dr. Ladyman.]
Clause 130
Amendment made: No. 311, in page 57, line 18, leave out '107 (complaints)' and insert
'(Complaints about health care) (complaints about health care)'.—[Dr. Ladyman.]
Clause 131
Amendment made: No. 395, in page 58, line 1, leave out subsection (2) and insert—
'(2) Where subsection (3) applies, the CHAI may disclose any information obtained by it notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
(3) This subsection applies where—
(a) in the case of information relating to an individual, the circumstances in paragraph (a) or (b) of subsection (2) of section 130 apply in relation to the disclosure;
(b) in any case, the circumstances in any of paragraphs (c) to (g) of that subsection apply in relation to the disclosure; or
(c) in any case, the disclosure is made as specified in paragraph (a), (b) or (c) of subsection (3) of that section.
(4) Subsection (4) of section 130 applies for the purposes of subsection (3)(a) above.'—[Dr. Ladyman.]
Clause 139
Amendments made: No. 396, in page 60, line 2, leave out from 'Authority' to end of line 3 and insert
'not performing functions only or mainly in respect of England or only or mainly in respect of Wales'.
No. 312, in page 60, line 46, leave out '95, 108 and 110' and insert 'and 95'.—[Dr. Ladyman.]
Schedule 8
Amendments made: No. 316, in page 126, line 17, leave out 'Sections 109 and 110' and insert
'Section (Complaints about social services)'
.
No. 317, in page 126, line 31, leave out '107 or 108' and insert
'(Complaints about health care)(1) or (2)'
.
No. 318, in page 127, line 17, leave out '107 or 108' and insert
'(Complaints about health care)(1) or (2)'.—[Dr. Ladyman.]
'In the 1977 Act, after section 16CB (as inserted by section 162 above) insert—
"16CC Primary medical services
(1) Each Primary Care Trust and Local Health Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to provide primary medical services within its area, or secure their provision within its area.
(2) A Primary Care Trust or Local Health Board may (in addition to any other power conferred on it)—
(a) provide primary medical services itself (whether within or outside its area);
(b) make such arrangements for their provision (whether within or outside its area) as it thinks fit, and may in particular make contractual arrangements with any person.
(3) Each Primary Care Trust and Local Health Board must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Part.
(4) A body on which functions are conferred under this section must cooperate with any other such body in the discharge of their respective functions relating to the provision of primary medical services under this Part.
(5) Regulations may provide that services of a prescribed description are, or are not, to be regarded as primary medical services for the purposes of this Part.
(6) Regulations under this section may in particular describe services by reference to the manner or circumstances in which they are provided.".'.—[Mr. Hutton.]
Brought up, and read the First time.
Mr. Hutton: I beg to move, That the clause be read a Second time.
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