House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd January 2008
381

Health and Social Care Bill, continued

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—

(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):—

Public Bill Committee: 22nd January 2008
382

Health and Social Care Bill, continued

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:—

‘(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;

Public Bill Committee: 22nd January 2008
383

Health and Social Care Bill, continued

(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

(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).

Public Bill Committee: 22nd January 2008
384

Health and Social Care Bill, continued

(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.’.

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,

Public Bill Committee: 22nd January 2008
385

Health and Social Care Bill, continued

(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.’.

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:—

‘(1)
It shall be the duty of the Commission to establish and maintain an advisory panel

to be known as “the service user panel”.

(2)
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.

(3)
The service user panel shall have such functions as determined by the

Commission.

(4)
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.

(5)
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.

(6)
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.’.

Public Bill Committee: 22nd January 2008
386

Health and Social Care Bill, continued

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

of those functions for the purpose of section 6(3)(b) of the Human Rights Act

1998 (c. 42) (acts of public authorities).’.

Complaints procedure

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC4

To move the following Clause:—

‘(1)
In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Commission to consider the

complaint.

(2)
On receipt of a complaint under subsection (1) the Commission must assess the

nature and substance of the complaint and decide how it should be handled,

having regard to—

(a)
the views of the complainant;

(b)
the views of the body complained about;

(c)
any other relevant circumstances;

and as soon as reasonably practicable the Commission must notify the

complainant as to its decision.

(3)
The Commission may conduct its investigation in any manner which seems to it

appropriate, may take such advice as appears to it to be required and, having

regard in particular to the views of the complainant and any person who or body

which is the subject of the complaint, may appoint a panel to hear and consider

evidence.

(4)
The Commission may request any person or body to produce such information

and documents as it considers necessary to enable a complaint to be considered

properly.

(5)
Where the Commission investigates a complaint it must, as soon as reasonably

practicable, prepare a written report of its investigation which—

(a)
summarises the nature and substance of the complaint;

(b)
describes the investigation and summarises its conclusions, including

any findings of fact, the Commission’s opinion of those findings and its

reasons for its opinion;

Public Bill Committee: 22nd January 2008
387

Health and Social Care Bill, continued

(c)
recommends what action should be taken and by whom to resolve the

complaint; and

(d)
identifies what other action, if any, should be taken and by whom.’.

Independent Complaints Body

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC5

To move the following Clause:—

‘(1)
The Commission shall establish and maintain a committee to be known as ‘The

Independent Complaints Body’.

(2)
In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Independent Complaints Body to

consider the complaint.

(3)
On receipt of a complaint under subsection (1) the Independent Complaints Body

must assess the nature and substance of the complaint and decide how it should

be handled having regard to—

(a)
the views of the complainant;

(b)
the views of the body complained about; and

(c)
any other relevant circumstances;

and as soon as reasonably practicable the Independent Complaints Body must

notify the complainant as to its decision.

(4)
The Independent Complaints Body may conduct its investigation in any manner

which seems to it appropriate, may take such advice as appears to it to be required

and, having regard in particular to the views of the complainant and any person

who or body which is the subject of the complaint, may appoint a panel to hear

and consider evidence.

(5)
The Independent Complaints Body may request any person or body to produce

such information and documents as it considers necessary to enable a complaint

to be considered properly.

(6)
Where the Independent Complaints Body investigates a complaint it must, as

soon as reasonably practicable, prepare a written report of its investigation

which—

(a)
summarises the nature and substance of the complaint;

(b)
describes the investigation and summarises its conclusions, including

any findings of fact, the Independent Complaints Body’s opinion of those

findings and its reasons for its opinion;

(c)
recommends what action should be taken and by whom to resolve the

complaint; and

(d)
identifies what other action, if any, should be taken and by whom.’.