House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10th January 2008
176

Health and Social Care Bill, continued

“118A
Regulations: Wales

(1)
This section has effect where a power to make regulations under this

Act is conferred on the Welsh Ministers other than by or by virtue of

the Government of Wales Act 2006.

(2)
Subsections (1) and (5) to (7) of section 118 apply to the exercise of

that power as they apply to the exercise of a power conferred on the

Welsh Ministers by or by virtue of that Act.

(3)
A statutory instrument containing regulations made in the exercise of

that power is subject to annulment in pursuance of a resolution of the

Assembly.”’.

Mr Ben Bradshaw

192


Schedule  5,  page  125,  line  6,  at end insert—

‘22B
In section 120 of the 2000 Act (Wales) omit subsection (1).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

86

Schedule  5,  page  125,  line  33,  leave out ‘omit paragraph (b)’ and insert ‘leave out

“CHAI” and insert “Care Quality Commission”.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

87

Schedule  5,  page  125,  line  35,  leave out ‘omit paragraph (b)’ and insert ‘leave out

“CSCI” and insert “Care Quality Commission”.’.

Mr Ben Bradshaw

153

Schedule  5,  page  129,  line  30,  at end insert—

‘Public Audit (Wales) Act 2004 (c. 23)


In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for

paragraph (c) substitute—

“(c)
the Care Quality Commission,”.


In section 64 of the Public Audit (Wales) Act 2004 (provision of information

by CHAI)—

(a)
in subsection (1), for “The Commission for Healthcare Audit and

Inspection” substitute “The Care Quality Commission”,

(b)
in subsection (2), for the words from “section 136” to the end

substitute “section 70 of the Health and Social Care Act 2008

(disclosure of confidential personal information: offence).”, and

Public Bill Committee: 10th January 2008
177

Health and Social Care Bill, continued

(c)
for subsection (3) substitute—

“(3)
In this section—

“English NHS body” has the meaning given by subsection (1) of

section 90 of that Act; and

“cross-border SHA” means a cross-border Special Health Authority

as defined by that subsection.”’.

Mr Ben Bradshaw

154

Schedule  5,  page  129,  line  30,  at end insert—

‘Health Act 2006 (c. 28)


In section 61 of the Health Act 2006 (Commission to exercise Welsh

Ministers’ appointment functions), omit “the Commission for Healthcare

Audit and Inspection or”.


In Schedule 5 to the Health Act 2006 (list of statutory bodies referred to in

section 58(3))—

(a)
omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)
at the appropriate place insert—

“The Care Quality Commission.”’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

47

Clause  90,  page  45,  line  8,  after ‘regulations’, insert ‘approved by a resolution of

each House of Parliament’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

203


Clause  90,  page  45,  line  14,  leave out ‘Except in Chapter 2’.

Sandra Gidley

Greg Mulholland

152

Clause  91,  page  45,  line  36,  at end insert—

Public Bill Committee: 10th January 2008
178

Health and Social Care Bill, continued

‘(c)
Care Standards Act 2000.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

213


Schedule  6,  page  132,  line  4,  leave out ‘If the Secretary of State so determines’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

214


Schedule  6,  page  132,  line  6,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

215


Schedule  6,  page  132,  line  13,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

217


Schedule  6,  page  133,  line  16,  after ‘keep’, insert ‘auditable’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

218


Schedule  6,  page  133,  line  16,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Public Bill Committee: 10th January 2008
179

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

216


Schedule  6,  page  132,  leave out lines 19 to 22.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

219


Schedule  6,  page  133,  line  19,  after second ‘the’, insert ‘auditable’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

220


Schedule  6,  page  133,  line  19,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

221


Schedule  6,  page  133,  line  23,  leave out ‘such period’ and insert ‘six months’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

222


Schedule  6,  page  133,  line  24,  leave out from ‘relate’ to end of line.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

223


Schedule  6,  page  133,  line  42,  at end insert—

‘(c)
The regulatory bodies.’.

Public Bill Committee: 10th January 2008
180

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

224


Schedule  6,  page  134,  line  5,  after ‘Council’, insert ‘and health regulators’.

Mr Ben Bradshaw

94

Schedule  6,  page  134,  line  6,  at end add—

‘Seal and evidence


The application of the seal of the OHPA must be authenticated by the

signature—

(a)
of any member of the OHPA, or

(b)
of any other person who has been authorised by the OHPA (whether

generally or specifically) for that purpose.


A document—

(a)
purporting to be duly executed under the seal of the OHPA, or

(b)
purporting to be signed on behalf of the OHPA,


is to be received in evidence and, unless the contrary is proved, taken to be so

executed or signed.’.

Mr Ben Bradshaw

95

Schedule  7,  page  135,  line  8,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

96

Schedule  7,  page  135,  line  15,  after ‘“the Adjudicator”,’ insert—

‘( )
after paragraph (d) insert—

“(da)
decisions of the Adjudicator to make a direction

under paragraph 5A(3E) of Schedule 4 to this Act and

decisions of the Adjudicator under section 35D below

that relate to such a direction;”,’.

Mr Ben Bradshaw

97

Schedule  7,  page  136,  line  3,  leave out from ‘subsection (4)’ to end of line 4 and

insert—

‘(a)
for “a Fitness to Practise Panel have” substitute “the Adjudicator has”,

and

(b)
in paragraph (c) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.’.

Public Bill Committee: 10th January 2008
181

Health and Social Care Bill, continued

Mr Ben Bradshaw

98

Schedule  7,  page  136,  line  22,  leave out sub-paragraph (11) and insert—

  ‘(11)
In subsection (9)—

(a)
in paragraph (a)(iii) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”, and

(b)
in paragraph (b) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.’.

Mr Ben Bradshaw

99

Schedule  7,  page  136,  line  25,  at end insert—

      ‘()
In subsection (11)(b) for “rules made by virtue of paragraph 5A(3)” substitute

“paragraph 5A(3E)”.’.

Mr Ben Bradshaw

100

Schedule  7,  page  136,  line  40,  after ‘(2)’ insert—

‘(a)
for “rules made by virtue of paragraph 5A(3)” substitute “paragraph

5A(3E)”, and

(b)
’.

Mr Ben Bradshaw

101

Schedule  7,  page  136,  line  42,  leave out sub-paragraph (3) and insert—

    ‘(3)
In subsection (3)—

(a)
in paragraph (a)—

(i)
in sub-paragraph (i) after “10” insert “or 10A”, and

(ii)
omit sub-paragraph (ii), and

(b)
in paragraph (b) for “paragraph 5A(4) of that Schedule” substitute

“paragraph 5A(5) of Schedule 4 to this Act”.’.

Mr Ben Bradshaw

102

Schedule  7,  page  137,  line  26,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

103

Schedule  7,  page  137,  line  41,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

104

Schedule  7,  page  139,  line  37,  at end insert—

‘
In section 41C of the 1983 Act (effect of directions or orders on a licence to

practise), in subsection (1), for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.’.

Mr Ben Bradshaw

105

Schedule  7,  page  140,  line  11,  leave out ‘paragraphs (a) and (b)’ and insert

Public Bill Committee: 10th January 2008
182

Health and Social Care Bill, continued

‘paragraph (a)—

(i)
’.

Mr Ben Bradshaw

106

Schedule  7,  page  140,  line  12,  at end insert—

‘(ii)
in sub-paragraph (ii) for “rules made by virtue of paragraph

5A(3)” substitute “paragraph 5A(3E)”,’.

Mr Ben Bradshaw

107

Schedule  7,  page  140,  line  12,  at end insert—

‘( )
in paragraph (b) for “a Fitness to Practise Panel” substitute “the

Adjudicator”, and’.

Mr Ben Bradshaw

108

Schedule  7,  page  142,  line  16,  leave out from beginning to end of line 21 and insert

‘omit sub-paragraphs (3) and (3A),’.

Mr Ben Bradshaw

109

Schedule  7,  page  142,  line  21,  at end insert—

‘( )
after sub-paragraph (3A) insert—

“(3B)
If the Registrar is of the opinion that a person who is the

subject of an assessment of the standard of the person’s

professional performance—

(a)
has failed to submit to the assessment, or

(b)
having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

the Assessment Team,


the Registrar may refer the matter to the Adjudicator.

    (3C)
If the Investigation Committee are of the opinion that a

person who is the subject of an assessment of the standard

of the person’s professional performance—

(a)
has failed to submit to the assessment, or

(b)
having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

the Assessment Team,


the Investigation Committee may direct the Registrar to

refer the matter to the Adjudicator and, on receipt of the

direction, the Registrar shall make such a reference.

    (3D)
The Registrar shall without delay serve on the person who

is the subject of the assessment notification of the making

of a reference to the Adjudicator under sub-paragraph (3B)

or (3C).

    (3E)
Where a matter is referred to the Adjudicator under sub-

paragraph (3B) or (3C), the Adjudicator may, if it thinks

fit—