House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17th January 2008
337

Health and Social Care Bill, continued

(aae)
regulations under section 136,

(aaf)
regulations under section 138,

(aag)
regulations under section 140,

(aah)
regulations under section 141,

(aai)
regulations under section 142,

(aaj)
regulations under section 143,

(aak)
regulations under section 147,

(aal)
regulations under section 160,’.

Mr Ben Bradshaw

193

Schedule  15,  page  177,  line  24,  column  2,  at end insert—

‘In section 19(4)(b) the word “and” at the end.

In section 21(5)(b) the word “or” at the end.

In section 30A(2)(b) the word “or” at the end.’.

Mr Ben Bradshaw

194

Schedule  15,  page  177,  line  28,  column  2,  at end insert—

‘Section 120(1).’.

Mr Ben Bradshaw

155

Schedule  15,  page  177,  line  50,  column 2, at end insert—

‘Health Act 2006 (c. 28)
In section 61, the words “the Commission for

Healthcare Audit and Inspection or”.

In Schedule 5—

(a)
the entry for the Commission for Healthcare

Audit and Inspection, and

(b)
the entry for the Commission for Social Care

Inspection.’.

Mr Ben Bradshaw

120

Schedule  15,  page  178,  line  7,  at end insert—

‘Section 38(3)(a)(ii).’.

Mr Ben Bradshaw

121

Schedule  15,  page  179,  line  31,  after ‘5A(1)(a)(ii)’ insert ‘, (3) and (3A)’.

Public Bill Committee: 17th January 2008
338

Health and Social Care Bill, continued

Mr Ben Bradshaw

245

Schedule  15,  page  180,  line  37,  column 2, at end insert—

‘In section 5(3), the words “or rating districts”.’

Mr Ben Bradshaw

246

Schedule  15,  page  181,  line  18,  column 2, after ‘disease,”’ insert ‘“rating

district,”’.

Mr Ben Bradshaw

122

Clause  157,  page  103,  line  27,  after ‘110,’ insert ‘(Powers and duties of Council for

Healthcare Regulatory Excellence),’.

Mr Ben Bradshaw

123

Clause  157,  page  103,  line  27,  after ‘110,’ insert ‘(Fees payable by General

Medical Council and General Optical Council),’.

Kelvin Hopkins

Sandra Gidley

Norman Lamb

Greg Mulholland

82

Clause  157,  page  103,  line  29,  at end insert—

‘( )
Section [Application of Human Rights Act 1998]’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

260

Clause  158 ,  page  104,  line  17,  at end insert—

‘(aa)
section 44’.

Mr Ben Bradshaw

178

Clause  160,  page  105,  line  36,  at end insert—

‘( )
Before making a commencement order relating to—

Public Bill Committee: 17th January 2008
339

Health and Social Care Bill, continued

(a)
paragraph 12A, 13(za), (a)(i) or (ab), 14A, 14B, 15, 15A, 15B, 16A, 16B,

17(b) or (c), 17A, 17B, 22A or 22B of Schedule 5,

(b)
section 89 so far as relating to those paragraphs, or

(c)
Part 1 of Schedule 15 so far as relating to those paragraphs (or section 154

so far as relating to that Part of that Schedule),


the Secretary of State must consult the Welsh Ministers.’.

new clauses

Powers and duties of Council for Healthcare Regulatory Excellence

Mr Ben Bradshaw

NC6

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,
5
(b)
taking action under section 29 after the regulatory body’s

proceedings have ended, or

(c)
investigating particular cases with a view to making general

reports on the performance by the regulatory body of its

functions or making general recommendations affecting future
10
cases.”’.

As an Amendment to Mr Ben Bradshaw’s proposed New Clause (Powers and duties of

Council for Healthcare Regulatory Excellence) (NC6):—

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

(a)

Line  7,  leave out ‘investigating particular cases’ and insert ‘reviewing cases for

the purposes of audit’.

Fees payable by General Medical Council and General Optical Council

Mr Ben Bradshaw

nc7

To move the following Clause:—

Public Bill Committee: 17th January 2008
340

Health and Social Care Bill, continued

‘(1)
The Secretary of State must with the approval of the Treasury make regulations

requiring each of the regulatory bodies to pay to the OHPA periodic fees in

respect of the discharge by the OHPA of its functions.

(2)
The regulations must provide for the amount of the fees to be determined by the

OHPA in accordance with the regulations.

(3)
The regulations must require the OHPA to exercise its powers under the

regulations with a view to ensuring that its chargeable costs are met by fees

payable under the regulations and, accordingly, that the fees payable by each

regulatory body cover—

(a)
so much of the OHPA’s chargeable costs as are treated by the regulations

as being attributable to the OHPA’s functions under the relevant

regulatory Act, and

(b)
an apportionment between the regulatory bodies of so much of the

OHPA’s chargeable costs as are not treated by the regulations as being

attributable to the OHPA’s functions under that Act or the other relevant

regulatory Act.

(4)
For the purposes of subsection (3), the OHPA’s “chargeable costs” are the costs

incurred by the OHPA under or for the purposes of this Act or any other

enactment, other than costs—

(a)
incurred before such day as may be specified in the regulations, or

(b)
incurred for a purpose specified in the regulations.

(5)
The regulations must provide that no fee is to be payable unless the OHPA has—

(a)
notified the regulatory bodies of its proposed determination as to the

amount of the fees payable by them,

(b)
considered any representations made by the regulatory bodies in relation

to the proposed determination, and

(c)
notified each of the regulatory bodies of the OHPA’s determination of the

amount payable by that body (which may be more or less than the amount

proposed).

(6)
The regulations may require the OHPA to obtain the approval of the Treasury in

relation to the amount of any fee.

(7)
The regulations may—

(a)
make provision as to the times at which fees are to be paid;

(b)
enable a determination to be varied, replaced or revoked;

(c)
provide that if the whole or any part of a fee payable under the regulations

is not paid by the time when it is required to be paid under the regulations,

the unpaid balance from that time carries interest at the rate determined

by or in accordance with the regulations;

(d)
make provision as to the recovery of fees.

(8)
Before making regulations under this section, the Secretary of State must consult

the regulatory bodies and such other persons as the Secretary of State considers

appropriate.

(9)
In this section—

“regulatory body” means the General Medical Council or the General

Optical Council;

“relevant regulatory Act” means—

(a)
in relation to the General Medical Council, the Medical Act 1983

(c. 54), and

Public Bill Committee: 17th January 2008
341

Health and Social Care Bill, continued

(b)
in relation to the General Optical Council, the Opticians Act

1989 (c. 44).’.

Avoidance of unreasonable burdens in exercise of regulatory powers

Mr Ben Bradshaw

nc13

To move the following Clause:—

‘(1)
The Secretary of State may publish guidance about steps which regulatory

authorities may take in exercising relevant powers with a view to avoiding the

imposition of unreasonable burdens on those in respect of whom the powers are

exercisable.

(2)
“Regulatory authorities” means—

(a)
the Commission, and

(b)
such other bodies as may be prescribed.

(3)
A body may not be prescribed under subsection (2)(b) unless it has functions

relating to the provision of health or social care.

(4)
“Relevant powers” means powers conferred by or under an enactment to—

(a)
carry out inspections, or

(b)
require the provision of information,


but, in relation to a body prescribed under subsection (2)(b), such powers are

“relevant powers” only so far as they are exercisable in respect of a person in

respect of whom the Commission has relevant powers.

(5)
The steps mentioned in subsection (1) might include for example—

(a)
co-operating with other regulatory authorities and co-ordinating the

exercise of relevant powers,

(b)
sharing information or the results of inspections, and

(c)
seeking to obtain information from other sources before exercising a

relevant power to require the provision of that information.

(6)
In exercising relevant powers, regulatory authorities must have regard to any

guidance published under subsection (1).

(7)
Nothing in this section is intended to limit the scope of a relevant power or affect

a person’s obligation to comply with a requirement imposed in the exercise of

such a power.

(8)
In this section—

(a)
“inspections” includes inspections of persons, premises or the carrying

on of activities,

(b)
a reference to a power to carry out inspections includes a reference to any

power which is ancillary to that power (such as a power to enter premises

or to require assistance), and

(c)
a reference to a power to require the provision of information includes a

reference to a power to require the production of documents, records or

other items, a power to require the making of reports and a power to

require explanations.’.

Public Bill Committee: 17th January 2008
342

Health and Social Care Bill, continued

Provision of information by Auditor General for Wales

Mr Ben Bradshaw

nc14

To move the following Clause:—

‘(1)
The Auditor General for Wales must, on request, provide the Commission with

any information it may reasonably require for the purpose of making

comparisons, in the exercise of its functions under section 50 so far as relating to

health care or English NHS bodies, between English NHS bodies and Welsh NHS

bodies.

(2)
In this section “Welsh NHS body” has the same meaning as in Part 3 of the Public

Audit (Wales) Act 2004 (c. 23).’.

The Commission’s duties

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC1

To move the following Clause:—

‘(1)
Notwithstanding the provisions of section 2(4), the principal duty of the

Commission in carrying out its functions shall be to protect and further the

interests of patients, service users and the public in relation to the quality and

safety of care services.

(2)
In carrying out its duty under subsection (1) the Commission shall encourage:

(a)
the continual improvement of the quality of the activities to which its

functions relate,

(b)
the carrying out of such activities in a way that focuses on the needs and

experience of those for whose benefit the activities are carried on,

(c)
the involvement of patients and service users in the work of the

Commission wherever the Commission considers this appropriate

including, in particular, in the processes of review and inspection, and

(d)
the efficient use of resources in the carrying out of the activities to which

its functions relate.’.

Public Bill Committee: 17th January 2008
343

Health and Social Care Bill, continued

Duty to establish and maintain service user panel

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC2

To move the following Clause:—

‘It shall be the duty of the Commission to establish and maintain an advisory

panel to be known as “the service user panel”.

(5)
The service user panel shall be comprised of such members as appear to

the Commission to represent the views and interests of patients, service

users and the public.

(6)
The service user panel shall have such functions as determined by the

Commission.

(7)
The functions of the service user panel as determined under subsection

(2) must include contributing to and advising the Commission upon:

(a)
the annual plans of the Commission for inspections, reviews and

special reviews, and inquiries,

(b)
guidance on compliance with registration requirements,

(c)
indicators to measure the compliance of registered organisations

with the registration requirements,

(d)
methodologies for performance measurement, and

(e)
methodologies for inspection.

(8)
The Commission may request the service user panel to help it to

ascertain, from time to time, the opinions and level of satisfaction of

patients, service users and the public with regard to the activities to which

the Commission’s functions relate.

(9)
The service user panel may establish and maintain such arrangements for

consultation with patients and members of the public as agreed with the

Commission as relevant and appropriate to the carrying out of the

functions conferred on it by the Commission.’.

Application of Human Rights Act 1998

Kelvin Hopkins

Sandra Gidley

Norman Lamb

Greg Mulholland

NC3

To move the following Clause:—

‘Any person providing health and social care within the meaning of section 5(2)

and section 5(3) is deemed to be a public authority in relation to the performance