House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10th January 2008
197

Health and Social Care Bill, continued

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

71

Page  86,  line  35,  leave out Clause 132.

Sandra Gidley

Greg Mulholland

172


Clause  133,  page  88,  line  7,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

173


Clause  133,  page  88,  line  7,  leave out ‘junior’ and insert ‘primary’.

Sandra Gidley

Greg Mulholland

174


Clause  133,  page  88,  line  11,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

175


Clause  133,  page  88,  line  11,  leave out ‘junior’ and insert ‘primary’.

Sandra Gidley

Greg Mulholland

177


Clause  133,  page  88,  line  40,  at end insert—

‘(1A)
Information authorised in accordance with sub-paragraph (1)(c) shall include

information relating to a child’s body mass index.’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

72

Page  88,  line  1,  leave out Clause 133.

Public Bill Committee: 10th January 2008
198

Health and Social Care Bill, continued

Sandra Gidley

Greg Mulholland

125

Clause  134,  page  89,  line  32,  leave out ‘consider’ and insert ‘have determined’.

Sandra Gidley

Greg Mulholland

126

Clause  134,  page  89,  line  38,  at end insert—

‘(1D)
In determining the suitability of a person under subsection (1C) the responsible

authority shall undertake such investigations into the making of direct payments

as the Secretary of State shall by regulation define.’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

73

Clause  136,  page  92,  line  30,  leave out ‘or by the Welsh Ministers’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

74

Clause  136,  page  92,  line  31,  leave out ‘and the Welsh Ministers’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

75

Clause  145,  page  96,  line  23,  leave out ‘seek to’ and insert ‘make efforts to’.

Public Bill Committee: 10th January 2008
199

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

66

Clause  150,  page  101,  line  30,  at end insert—

‘(aa)
regulations under section 6(2),

(ab)
regulations under section 9

(ac)
regulations under section 12,

(ad)
regulations under section 13,

(ae)
regulations under section 16,

(af)
regulations under section 31,

(ag)
regulations under section 34,

(ah)
regulations under section 36,

(ai)
regulations under section 38,

(aj)
regulations under section 42(9),

(ak)
regulations under section 44,

(al)
regulations under section 45,

(am)
regulations under section 50,

(an)
regulations under section 61,

(ao)
regulations under section 79,

(ap)
regulations under section 81,

(aq)
regulations under section 110,

(ar)
regulations under section 111,

(as)
regulations under section 112,

(at)
regulations under section 116,

(au)
regulations under section 119,

(av)
regulations under section 121,

(aw)
regulations under section 122,

(ax)
regulations under section 123,

(ay)
regulations under section 124,

(az)
regulations under section 125,

(aaa)
regulations under section 126,

(aab)
regulations under section 132,

(aac)
regulations under section 133,

(aad)
regulations under section 134,

(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,

Public Bill Committee: 10th January 2008
200

Health and Social Care Bill, continued

(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)’.

Mr Ben Bradshaw

122

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

Healthcare Regulatory Excellence),’.

Public Bill Committee: 10th January 2008
201

Health and Social Care Bill, continued

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 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,

(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

cases.”’.

Public Bill Committee: 10th January 2008
202

Health and Social Care Bill, continued

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;

(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—

Public Bill Committee: 10th January 2008
203

Health and Social Care Bill, continued

(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).

(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