House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15th January 2008
233

Health and Social Care Bill, continued

conduct a specific review or investigation’.

Sandra Gidley

Greg Mulholland

196

Clause  44,  page  21,  leave out lines 37 to 39 and insert—

‘(a)
all providers of health and adult social care

(b)
all commissioners of health and adult social care.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

262


Clause  44 ,  page  21,  line  37,  leave out ‘NHS’ and insert ‘health’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

263


Clause  44 ,  page  21,  line  39,  at end insert—

‘(d)
the making of arrangements by a Primary Care Trust for the provision of

health care.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

34

Clause  44,  page  22,  line  9,  at end insert ‘which shall only be laid before the

Secretary of State at such time as it is made public.’.

Sandra Gidley

Greg Mulholland

129

Clause  45,  page  22,  line  27,  at end insert ‘including cosmetic surgery and

treatments.’.

Public Bill Committee: 15th January 2008
234

Health and Social Care Bill, continued

Sandra Gidley

Greg Mulholland

78

Clause  46,  page  23,  line  27,  at end add—

‘(6)
In considering whether the function referred to in subsection (2) is being

discharged to an acceptable standard the Commission shall have particular regard

to its duty under section 2(3)(d) of this Act.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

166

Clause  48,  page  24,  line  18,  at end insert—

‘(j)
Section 121(5) (visiting and inspection of records),

(k)
Section 121 (7) (review decision to withhold post),

(l)
Section 121 (8) (review decision to withhold any part of post).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

35

Clause  50,  page  25,  line  21,  leave out ‘Commission’ and insert ‘Independent

Regulator of Foundation Trusts’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

36

Clause  50,  page  25,  line  36,  leave out ‘Commission’ and insert ‘Independent

Regulator of Foundation Trusts’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

37

Clause  50,  page  25,  line  43,  leave out ‘Commission’ and insert ‘Independent

Public Bill Committee: 15th January 2008
235

Health and Social Care Bill, continued

Regulator of Foundation Trusts’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

38

Clause  51,  page  26,  line  2,  leave out ‘Commission’ and insert ‘Independent

Regulator of Foundation Trusts’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

39

Clause  56,  page  27,  line  35,  at end insert—

‘(aa)
the provision of independent healthcare,’.

Sandra Gidley

Greg Mulholland

239

Clause  57,  page  28,  line  23,  leave out ‘may’ and insert ‘must’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

40

Clause  67,  page  32,  line  31,  leave out ‘paid for out of public funds’.

Public Bill Committee: 15th January 2008
236

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

41

Clause  67,  page  32,  line  33,  leave out ‘paid for out of public funds’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

42

Clause  69,  page  33,  line  27,  leave out subsection (6).

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

43

Clause  69,  page  33,  line  28,  at end add—

‘(7)
In such cases as the inquiry is held in private under subsections (2) or (3), the

Secretary of State shall make a statement to Parliament.

(8)
In such cases as the Secretary of State deems publication inappropriate under

subsection (5), he shall make a statement to Parliament.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

44

Clause  75,  page  37,  line  6,  at end add—

‘(5)
Subsection (2) does not confer on the Secretary of State the power to prevent the

Commission conducting reviews.’.

Public Bill Committee: 15th January 2008
237

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

45

Clause  77,  page  37,  line  32,  after ‘must’, insert ‘simultaneously’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

46

Clause  79,  page  38,  line  33,  leave out ‘specified factors’ and insert ‘factors

specified by regulations’.

Mr Ben Bradshaw

179

Schedule  5,  page  123,  line  16,  at end insert—

‘12A
After section 14 of the 2000 Act insert—

“14A
Suspension of registration

(1)
The Welsh Ministers may at any time suspend for a specified period

the registration of a person in respect of an establishment or agency for

which the Welsh Ministers are the registration authority.

(2)
Except where the Welsh Ministers give notice under section 20B, the

power conferred by subsection (1) is exercisable only on the ground

that the establishment or agency is being, or has at any time been,

carried on otherwise than in accordance with the relevant

requirements.

(3)
The suspension of a person’s registration does not affect the

continuation of the registration (but see sections 24A and 26 as to

offences).

(4)
A period of suspension may be extended under subsection (1) on one

or more occasions.

(5)
Reference in this Part to the suspension of a person’s registration is to

suspension under this section, and related expressions are to be read

accordingly.

(6)
In this section “relevant requirements” has the same meaning as in

section 14.”’.

Public Bill Committee: 15th January 2008
238

Health and Social Care Bill, continued

Mr Ben Bradshaw

180

Schedule  5,  page  123,  line  17,  at end insert—

‘(za)
in subsection (1), at the end of paragraph (b) insert “or—

“(c)
for the cancellation of, or the variation of the period

of, any suspension of the registration.”’.

Mr Ben Bradshaw

181

Schedule  5,  page  123,  line  18,  leave out from ‘(3)’ to end of line 19 and insert—

‘(i)
after “(a)” insert “or (c)”, and

(ii)
for the words from “a fee of—” to the end substitute “a fee of

the prescribed amount”,’.

Mr Ben Bradshaw

182

Schedule  5,  page  123,  line  19,  at end insert—

‘(ab)
after subsection (4) insert—

“(4A)
If the Welsh Ministers decide to grant an application under

subsection (1)(c), they must serve notice in writing of their

decision on the applicant (stating, where applicable, the

period as varied).”, and’.

Mr Ben Bradshaw

183

Schedule  5,  page  123,  line  26,  at end insert—

‘14A
In section 17 of the 2000 Act (notice of proposals)—

(a)
in subsection (4), after “section 20” insert “or 20A or gives notice

under section 20B”,

(b)
after paragraph (a) of that subsection insert—

“(aa)
to suspend the registration or extend a period of

suspension;”, and

(c)
in subsection (5), after “(a)” insert “or (c)”.

14B
In section 19 of the 2000 Act (notice of decisions), in subsection (4)—

(a)
omit the word “and” at the end of paragraph (b), and

(b)
after that paragraph insert—

“(ba)
in the case of a decision to adopt a proposal under

section 17(4)(aa), state the period (or extended

period) of suspension; and”.’.

Mr Ben Bradshaw

184

Schedule  5,  page  123,  line  27,  leave out paragraph 15 and insert—

‘15(1)
Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended

as follows.

      (2)
In subsection (1)—

(a)
after “If” insert “in respect of an establishment or agency for which the

CIECSS is the registration authority”,

(b)
in paragraph (a), for “the registration authority” substitute “the

CIECSS”, and

(c)
in sub-paragraph (i) of that paragraph, for “an” substitute “the”.

Public Bill Committee: 15th January 2008
239

Health and Social Care Bill, continued

      (3)
In subsection (3), for “the registration authority” substitute “the CIECSS”.

      (4)
In subsection (5), for “the registration authority” substitute “the CIECSS”.

      (5)
For subsection (6) substitute—

“(6)
For the purposes of this section the appropriate authorities are—

(a)
the local authority in whose area the establishment or agency

is situated; and

(b)
any other statutory authority whom the CIECSS thinks it

appropriate to notify.”

      (6)
Accordingly, for the heading of section 20 substitute “Urgent procedure for

cancellation, variation etc: England”.’.

Mr Ben Bradshaw

185

Schedule  5,  page  123,  line  31,  at end insert—

‘15A
After section 20 of the 2000 Act insert—

“20A
Urgent procedure for cancellation: Wales

(1)
If in respect of an establishment or agency for which the Welsh

Ministers are the registration authority—

(a)
the Welsh Ministers apply to a justice of the peace for an order

cancelling the registration of a person in respect of the

establishment or agency, and

(b)
it appears to the justice that, unless the order is made, there

will be a serious risk to a person’s life, health or well-being,


the justice may make the order, and the cancellation has effect from

the time when the order is made.

(2)
An application under subsection (1) may, if the justice thinks fit, be

made without notice.

(3)
As soon as practicable after the making of an application under this

section, the Welsh Ministers must notify the appropriate authorities of

the making of the application.

(4)
An order under subsection (1) is to be in writing.

(5)
Where such an order is made, the Welsh Ministers must, as soon as

practicable after the making of the order, serve on the person

registered in respect of the establishment or agency—

(a)
a copy of the order, and

(b)
notice of the right of appeal conferred by section 21.

(6)
For the purposes of this section the appropriate authorities are—

(a)
the local authority in whose area the establishment or agency

is situated,

(b)
the Local Health Board in whose area the establishment or

agency is situated, and

(c)
any statutory authority not falling within paragraph (a) or (b)

whom the Welsh Ministers think it appropriate to notify.

(7)
In this section “statutory authority” has the same meaning as in section

20.