House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14th February 2008
886

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

127

Page  64,  line  24,  leave out Clause 118.

Mr Andrew Dismore

Dr Evan Harris

15

Page  65,  line  25  [Clause  120],  at end insert—

‘(1A)
The appropriate Minister shall by regulations make provision in relation to

awareness of, and training in, human rights in accordance with this section.’.

Mr Stephen O’Brien

Anne Milton

Kelvin Hopkins

Sandra Gidley

David Taylor

Mr Andrew Lansley

137

Page  66,  line  15  [Clause  122],  at end insert—

‘“Local Involvement Network” has the meaning given to it by section 222

of the Local Government and Public Involvement in Health Act 2007

(c.28);’.

Mr Andrew Dismore

Dr Evan Harris

16

Page  66,  line  16  [Clause  122],  at end insert—

‘“rights” include human rights under the Human Rights Act 1998;’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

144


Page  71,  line  8  [Clause  123],  at end insert—

Notices of Amendments: 14th February 2008
887

Health and Social Care Bill, continued

‘(9)
All orders made in accordance with subsection (1) above shall be reported to a

body specified by the appropriate Minister in regulations.’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

20

Page  74,  line  32  [Clause  123],  leave out ‘28’ and insert ‘14’.

Anne Milton

Mr Stephen O’Brien

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

19

Page  75,  line  11  [Clause  123],  at end insert—

‘(4A)
A hearing conducted under subsection (4) shall be heard within two working days

of the application being made.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

92

Page  79,  line  38  [Clause  125],  leave out from ‘a’ to end and insert ‘midwife or

health visitor;’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

139

Page  80  [Clause  125],  leave out line 7.

Notices of Amendments: 14th February 2008
888

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

93

Page  80,  line  15  [Clause  125],  at end insert ‘and to women with twins or multiple

foetuses’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

94

Page  80,  line  16  [Clause  125],  at end add—

‘“140C
  Purpose

Regulations shall prescribe the purpose of the Health in Pregnancy

Grant.”.’.

Sandra Gidley

Greg Mulholland

1

Page  88,  line  30  [Clause  135],  leave out subsection (6) and insert—

‘(6)
Omit subsection (5).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

121

Page  103,  line  39  [Clause  154],  at end insert—

‘( )
regulations under sections 16 (Regulation of Regulated activities) and 17

(Code of practice relating to health care associated infections).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

123

Page  103,  line  41  [Clause  154],  at end insert—

Notices of Amendments: 14th February 2008
889

Health and Social Care Bill, continued

‘( )
regulations under section 77 (Publication of programme of reviews

etc.).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

124

Page  103,  line  41  [Clause  154],  at end insert—

‘( )
regulations under sections 81 (Fees) and 105 (Fees payable by General

Medical Council and General Optical Council).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

122

Page  103,  line  44  [Clause  154],  after ‘professionals),’, insert—

‘( )
regulations under sections 125 (Entitlement: Great Britain) and 132

(General and Supplementary).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

125

Page  103,  line  46  [Clause  154],  at end insert—

‘( )
regulations under Schedule 1’.

Mr Andrew Dismore

Dr Evan Harris

9

Page  103,  line  46  [Clause  154],  at end insert—

‘(e)
regulations under section [Handling and consideration of complaints by

the Care Quality Commission]’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

120

Page  106,  line  24  [Clause  162],  at end insert—

Notices of Amendments: 14th February 2008
890

Health and Social Care Bill, continued

‘(aa)
section 44.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

112

Page  109,  line  24  [Schedule  1],  leave out ‘other members’ and insert ‘not fewer

than 5 or more than 9 individuals’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

113

Page  110,  line  27  [Schedule  1],  at end insert—

‘(1A)
The Commission must appoint an executive board, each member of which is to

be an employee of the Commission’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

114

Page  110,  line  38  [Schedule  1],  leave out ‘an advisory committee (“the advisory

committee”)’ and insert ‘advisory committees (“the advisory committees”)’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

115

Page  110,  line  43  [Schedule  1],  leave out ‘committee’ and insert ‘committees’.

Notices of Amendments: 14th February 2008
891

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

117

Page  111,  line  3  [Schedule  1],  leave out first ‘committee’ and insert ‘committees’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

118

Page  111,  line  6  [Schedule  1],  leave out ‘committee’ and insert ‘committees’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

119

Page  111,  line  29  [Schedule  1],  leave out ‘committee’ and insert ‘committees’.

Secretary Alan Johnson

68

Page  118,  line  13  [Schedule  3],  at end insert—

      ‘()
In subsection (6), for “section 121(7) and (8) above” substitute “section

134A(1) to (4)”.’.

Secretary Alan Johnson

69

Page  136,  line  13  [Schedule  5],  at end insert—

‘Audit Commission Act 1998 (c. 18)

63A(1)
Section 4 of the Audit Commission Act 1998 (code of audit practice) is

amended as follows.

      (2)
In subsection (7)—

(a)
in paragraph (a) omit “the Commission for Healthcare Audit and

Inspection and”,

(b)
in paragraph (b) omit “the Commission for Social Care Inspection

and”, and

(c)
in paragraph (c) before “and such bodies” insert “, the Care Quality

Commission”.

Notices of Amendments: 14th February 2008
892

Health and Social Care Bill, continued

      (3)
In subsection (8), for “the Commission for Healthcare Audit and Inspection”

substitute “the Care Quality Commission”.

63B(1)
Section 7 of the Audit Commission Act 1998 (fees) is amended as follows.

      (2)
In subsection (2)—

(a)
in paragraph (a) for “the Commission for Healthcare Audit and

Inspection and such other” substitute “such”, and

(b)
in paragraph (c) before “such bodies” insert “the Care Quality

Commission and”.

      (3)
In subsection (9) for paragraph (aa) substitute—

“(aa)
the Care Quality Commission,”.

63C(1)
In section 33 of the Audit Commission Act 1998 (studies for improving

economy etc in services), subsection (6) is amended as follows.

      (2)
In paragraph (c), for “the Commission for Healthcare Audit and Inspection”

substitute “the Care Quality Commission”.

      (3)
For paragraph (d) substitute—

“(d)
in the case of a study which has a connection with adult social

services (within the meaning of Part 1 of the Health and Social

Care Act 2008), also consult the Care Quality Commission;

and”.

      (4)
In paragraph (e) for “that Part of that Act” substitute “Part 2 of the Health and

Social Care (Community Health and Standards) Act 2003”.

63D(1)
In section 34 of the Audit Commission Act 1998 (reports on impact of

statutory provisions), subsection (6) is amended as follows.

      (2)
For paragraph (ba) substitute—

“(ba)
in the case of a study which has a connection with adult social

services (within the meaning of Part 1 of the Health and Social

Care Act 2008), the Care Quality Commission;”.

      (3)
In paragraph (bb) for “that Part of that Act” substitute “Part 2 of the Health and

Social Care (Community Health and Standards) Act 2003”.

63E(1)
In section 49 of the Audit Commission Act 1998 (disclosure), subsection (1) is

amended as follows.

      (2)
Omit paragraph (ba).

      (3)
In paragraph (bb), for “that Part of that Act” substitute “Part 2 of the Health

and Social Care (Community Health and Standards) Act 2003”.

      (4)
In paragraph (c) omit the words from “or for the purposes of the functions of

the Commission” to the end.

      (5)
After paragraph (ca) insert—

“(cb)
for the purposes of the functions of the Care Quality

Commission under Part 1 of the Health and Social Care Act

2008;”.

63F
In Schedule 2A to the Audit Commission Act 1998 (interaction with other

authorities), in paragraph 1(1)—

(a)
at the end of paragraph (f) insert the word “or”,

(b)
omit paragraph (g) (together with the word “or” at the end of it), and

(c)
for paragraph (h) substitute—

“(h)
the Care Quality Commission.”’.