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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,

(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.’.

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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

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Health and Social Care Bill, continued

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;

(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.’.

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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.’.

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HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc8

To move the following Clause:—

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

“HealthWatch”.

(2)	HealthWatch shall consist of—

(a)	a chairman appointed by the Commission; and

(b)	such other members appointed by the Commission as the Commission

think fit.

(3)	The chairman appointed under subsection 2(a)—

(a)	shall be a non-executive member of the Commission

(b)	but is not to be chairman of the Commission.’.

General duty of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc9

To move the following Clause:—

‘It shall be the duty of HealthWatch to further the interests of patients and the

public in relation to the provision of health services in England.’.

Functions of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc10

To move the following Clause:—

‘(1)	HealthWatch shall make arrangements for ascertaining—

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Health and Social Care Bill, continued

(a)	the state of public opinion about the manner in which health services in

England are provided,

(b)	the views and experiences of patients in relation to the provision of health

services in England; and

(c)	the views and experiences of patients in relation to the handling, by

commissioners and providers of healthcare services, of complaints made

to them by such patients.’.

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:—

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‘(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

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

concerned.’.

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.”’.

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

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Revised 10 January 2008