House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 15th January 2008                

282

 

Health and Social Care Bill, continued

 
 

Local Involvement Networks.

 

Mr Stephen O’Brien

 

Anne Milton

 

Mr Andrew Lansley

 

Mark Simmonds

 

Mike Penning

 

Jeremy Wright

 

nc11

 

To move the following Clause:—

 

‘(1)    

HealthWatch shall be regarded as an “English network” for the purposes of

 

section 222 of the Local Government and Public Involvement in Health Act 2007

 

(c. 28).

 

(2)    

HealthWatch may make such arrangements as it thinks fit for consultation with

 

Local Involvement Networks.’.

 


 

Duty of co-operation with council for healthcare regulatory excellence

 

Sandra Gidley

 

Greg Mulholland

 

NC12

 

To move the following Clause:—

 

‘The OHPA shall have a duty to co-ordinate its activities, and share information,

 

with the Council for Healthcare Regulatory Excellence.’.

 


 

Failings by English NHS bodies

 

Sandra Gidley

 

Greg Mulholland

 

nc15

 

To move the following Clause:—

 

‘(1)    

Following a review under section 42 or 45, or a review or investigation under

 

Section 44, the Commission must inform the Secretary of State if it considers

 

that—

 

(a)    

there are significant failings in relation to the provision of health care by

 

or pursuant to arrangements made by an English NHS body,

 

(b)    

there are significant failings in the running of an English NHS body, or

 

(c)    

there are significant failings in the running of a body, or the practice of

 

an individual, providing healthcare pursuant to arrangements made by an

 

English NHS body.

 

(2)    

The commission may also recommend to the Secretary of State that, with a view

 

to remedying those failings, the Secretary of State take special measures—

 

(a)    

in a case falling within subsection (1)(a) or (b), in relation to the NHS

 

body concerned


 
 

Public Bill Committee: 15th January 2008                

283

 

Health and Social Care Bill, continued

 
 

(b)    

in a case falling within (1)(c), in relation to the body or individual

 

concerned.’.

 


 

Minimum guaranteed outcomes

 

Sandra Gidley

 

Greg Mulholland

 

NC17

 

To move the following Clause:—

 

‘(1)    

The appropriate authority shall by regulations make provision—

 

(a)    

specifying circumstances in which it will be necessary for a local

 

authority to provide social care support (including any form of practical

 

assistance and equipment) to a disabled person; and

 

(b)    

specifying the minimum outcomes each local authority shall secure for

 

all disabled persons in exercising their duties under social care

 

enactments.

 

(2)    

Without prejudice to the generality of subsection 1(b), minimum outcomes

 

prescribed under that subsection shall include—

 

(a)    

ensuring freedom from physical risk;

 

(b)    

ensuring freedom from inhumane or degrading treatment;

 

(c)    

the full enjoyment of the right to personal development and to establish

 

and maintain family and other social relationships;

 

(d)    

support for participation in the life of the community;

 

(e)    

support to participate in essential social and economic activities, and

 

(f)    

support to access an appropriate range of recreational and cultural

 

activities.

 

(3)    

In this section—

 

“appropriate authority” means—

 

(c)    

in relation to England, the Secretary of State,

 

(d)    

in relation to Wales, the Welsh Ministers;

 

“social care enactments” include—

 

(i)    

Section 2 of the Chronically Sick and Disabled Persons Act 1970

 

(c. 44).

 

(ii)    

Section 4 of the Disabled Persons (Services, Consultation and

 

Representation Act 1986 (c. 33).

 

(iii)    

Section 17 of the Children Act 1989 (c. 41).

 

(iv)    

Section 47 of the National Health Service and Community Care

 

Act 1990 (c. 19).’.

 



 
 

Public Bill Committee: 15th January 2008                

284

 

Health and Social Care Bill, continued

 
 

Continuity of social care support

 

Sandra Gidley

 

Greg Mulholland

 

NC18

 

To move the following Clause:—

 

‘(1)    

This section applies where—

 

(a)    

an English or Welsh local authority (the original authority) has made a

 

determination of need for care services in respect of a person ordinarily

 

resident in its area under any of the social care enactments and—

 

(i)    

has arranged or is providing such services or

 

(ii)    

is making payments to such a person in lieu of care services

 

under section 57 of the Health  and Social Care Act 2001 (c. 15)

 

or section 17A of the Children Act 1989 (c. 41); and

 

(b)    

the person concerned becomes or intends to become ordinarily resident

 

in a different local authority (the new authority).

 

(2)    

It shall be the duty of the original authority to—

 

(a)    

give notice to the new authority if it becomes aware that a person to

 

whom it provides care services or direct payments intends to become

 

ordinarily resident in the new authority’s area; and

 

(b)    

co-operate with the new authority in making appropriate arrangements

 

for such a person.

 

(3)    

It shall be the duty of the new authority to provide the person concerned with—

 

(a)    

services of an equivalent type and quantity to those provided by the

 

original authority or

 

(b)    

direct payments enabling an equivalent type and quantity of support to

 

that provided by the original authority,

 

for such transitional period as may be prescribed.

 

(4)    

All arrangements made under subsections (2) and (3) are to be made with the

 

involvement and consent of the person concerned and must include effective

 

arrangements to meet any new or different needs of the person concerned.

 

(5)    

For the purposes of this section “social care enactments” includes—

 

(i)    

Section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

 

(ii)    

Section 4 of the Disabled Persons (Services, Consultation and

 

Representation) Act 1986 (c. 33).

 

(iii)    

Section 17 of the Children Act 1989 (c. 41).

 

(iv)    

Section 47 of the National Health Service and Community Care Act 1990

 

(c. 19).

 

 

Order of the House [26th November 2007]

 

That the following provisions shall apply to the Health and Social Care Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 24th January 2008.


 
 

Public Bill Committee: 15th January 2008                

285

 

Health and Social Care Bill, continued

 
 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [8th JANUARY 2008]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

8th January) meet—

 

(a)  

at 4.00 p.m. on Tuesday 8th January;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

 

(d)  

at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

 

(e)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

 

(f)  

at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 8th January

Until no later than 12.30 p.m.

Commission for Healthcare Audit

 
   

and Inspection; Commission for

 
   

Social Care Inspection; Mental

 
   

Health Act Commission

 
 

Tuesday 8th January

Until no later than 1.00 p.m.

Health Protection Agency

 
 

Tuesday 8th January

Until no later than 4.40 p.m.

Lady Justice Smith

 
 

Tuesday 8th January

Until no later than 5.20 p.m.

General Medical Council

 
 

Tuesday 8th January

Until no later than 6.00 p.m.

British Medical Association

 
 

Tuesday 8th January

Until no later than 6.30 p.m.

‘Which?’

 
 

Tuesday 8th January

Until no later than 7.00 p.m.

Local Government Association

 
 

Thursday 10th January

Until no later than 9.30 a.m.

National Childbirth Trust

 
 

Thursday 10th January

Until no later than 10.25 a.m.

Department of Health

 

 
 

Public Bill Committee: 15th January 2008                

286

 

Health and Social Care Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedule 1; Clauses 2 and 3; Schedule 2; Clauses

 

4 to 48; Schedule 3; Clauses 49 to 62; Schedule 4; Clauses 63 to 89; Schedule

 

5; Clauses 90 and 91; Schedule 6; Clause 92; Schedule 7; Clauses 93 to 103;

 

Schedule 8; Clauses 104 to 114; Schedule 9; Clauses 115 to 117; Schedule

 

10; Clauses 118 to 120; Schedule 11; Clauses 121 to 130; Schedule 12;

 

Clauses 131 to 135; Schedule 13; Clauses 136 to 148; Schedule 14; Clauses

 

149 to 154; Schedule 15; Clauses 155 to 161; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 p.m. on Thursday 24th January.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Sandra Gidley

 

Greg Mulholland

 

237

 

Schedule  8,  page  152,  leave out lines 9 to 12.

 

Powers and duties of Council for Healthcare Regulatory Excellence

 

Mr Stephen O’Brien

 

Anne Milton

 

Mr Andrew Lansley

 

Mark Simmonds

 

Mike Penning

 

Jeremy Wright

 

NC16

 

To move the following Clause:—

 

‘In section 26 of the 2002 Act (powers and duties of the Council: general), for

 

subsection (4) substitute—

 

“(4)    

Subsection (3) does not prevent the Council from—

 

(a)    

taking action under section 28,

 

(b)    

taking action under section 29 after the regulatory body’s

 

proceedings have ended, or

 

(c)    

reviewing cases for the purposes of audit with a view to making

 

general reports on the performance by the regulatory body of its

 

functions or making general recommendations affecting future

 

cases.”’.

 


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 15 January 2008