House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 18th February 2008
179

Health and Social Care Bill, continued

Secretary Alan Johnson

Agreed to  70

Page  137,  line  28  [Schedule  5],  at end insert—

‘Children Act 2004 (c. 31)


In section 20 of the Children Act 2004 (joint area reviews), in subsection (4),

for paragraph (d) substitute—

“(d)
the Care Quality Commission;”.’.

Secretary Alan Johnson

Agreed to  71

Page  138,  line  5  [Schedule  5],  at end insert—

‘National Health Service Act 2006 (c. 41)

71A
In section 9 of the National Health Service Act 2006 (NHS contracts), in

subsection (4), for paragraph (k) substitute—

“(k)
the Care Quality Commission,”.

71B
In section 35 of the National Health Service Act 2006 (authorisation of NHS

foundation trusts), in subsection (3)(a), for “the Commission for Healthcare

Audit and Inspection” substitute “the Care Quality Commission”.

71C
In section 56 of the National Health Service Act 2006 (mergers), in subsection

(6)(a), for “the Commission for Healthcare Audit and Inspection” substitute

“the Care Quality Commission”.

72D
In section 71 of the National Health Service Act 2006 (schemes for meeting

losses and liabilities etc of certain health service bodies), in subsection (2)(f),

for “the Commission for Healthcare Audit and Inspection” substitute “the Care

Quality Commission”.

71E
In Schedule 10 to the National Health Service Act 2006 (audit of accounts of

NHS foundation trusts), in paragraph 8(1)(e), for the words from “the

Commission” to the end substitute “the Care Quality Commission”.

National Health Service (Wales) Act 2006 (c. 42)

71F
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts),

in subsection (4), for paragraph (k) substitute—

“(k)
the Care Quality Commission,”.

71G
In section 30 of the National Health Service (Wales) Act 2006 (schemes for

meeting losses and liabilities etc of certain health service bodies), in subsection

(2)—

(a)
at the end of paragraph (c) insert “and”, and

(b)
omit paragraph (d) (together with the word “and” at the end of it).’.

Secretary Alan Johnson

Agreed to  72

Page  138,  line  12  [Schedule  5],  at end insert—

Report Stage Proceedings: 18th February 2008
180

Health and Social Care Bill, continued

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)

73A
In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory

authorities: duty to refer), in subsection (7)—

(a)
for paragraph (c) substitute—

“(c)
the Care Quality Commission in respect of its

functions under Part 1 of the Health and Social Care

Act 2008;”,

(b)
omit paragraph (d), and

(c)
in paragraph (e), for “that Act” substitute “the Health and Social Care

(Community Health and Standards) Act 2003”.

73B(1)
Paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006

(regulated activity relating to children) is amended as follows.

      (2)
In sub-paragraph (10)—

(a)
for paragraph (e) substitute—

“(e)
the Care Quality Commission;”, and

(b)
omit paragraph (f).

      (3)
In sub-paragraph (11), omit paragraph (a).

      (4)
After sub-paragraph (13) insert—

“(13A)
The exercise of a function of the Care Quality Commission so far

as the function relates to the inspection of anything which—

(a)
is listed in section 56(1) of the Health and Social Care Act

2008, and

(b)
involves the provision of any form of treatment or therapy

for children,


is a regulated activity relating to children.”

      (5)
In sub-paragraph (14), for “or (11)” substitute “, (11) or (13A)”.’.

73C(1)
Paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006

(regulated activity relating to vulnerable adults) is amended as follows.

      (2)
In sub-paragraph (6), omit paragraphs (a) and (b).

      (3)
After sub-paragraph (8) insert—

“(8A)
The exercise of a function of the Care Quality Commission so far

as the function relates to the inspection of anything which—

(a)
is listed in section 56(1) of the Health and Social Care Act

2008, and

(b)
involves the provision of social services, care, treatment or

therapy for vulnerable adults,


is a regulated activity relating to vulnerable adults.”’.

Mr Andrew Dismore

Dr Evan Harris

Not called  17

Page  138,  line  29  [Schedule  6],  at end insert—

‘(3A)
The OHPA shall have regard to the desirability of improving the awareness of,

and training in, human rights of its members.’.

Report Stage Proceedings: 18th February 2008
181

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  102

Page  140,  line  8  [Schedule  6],  leave out ‘the Secretary of State’ and insert ‘it’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  103

Page  140,  line  9  [Schedule  6],  leave out ‘If the Secretary of State so determines;’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  76

Page  140,  line  11  [Schedule  6],  leave out ‘the Secretary of State’ and insert ‘it’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  77

Page  141,  line  24  [Schedule  6],  after ‘keep’, insert ‘auditable’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  78

Page  141,  line  24  [Schedule  6],  leave out from ‘accounts’ to end of line 25.

Report Stage Proceedings: 18th February 2008
182

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  79

Page  141,  line  26  [Schedule  6],  leave out from ‘year’ to end of line 27.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  80

Page  141  [Schedule  6],  leave out lines 31 and 32.

Secretary Alan Johnson

Agreed to  40

Page  142,  line  24  [Schedule  6],  at end insert—

‘Meetings of the OHPA in Northern Ireland

    (4)
Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9)

(which provide for public access to meetings of a district council, the

publication of information concerning such meetings etc.) apply in relation to

meetings of the OHPA in Northern Ireland as they apply in relation to meetings

of a district council but subject to the following modifications.

      (5)
The modifications are that—

(a)
any reference to a district council is to be read as a reference to the

OHPA, and

(b)
any reference to councillors or members of the council is to be read as

a reference to members of the OHPA.’.

Secretary Alan Johnson

Agreed to  41

Page  148,  line  5  [Schedule  7],  at end insert—

  ‘(5A)
Omit subsection (8).’.

Report Stage Proceedings: 18th February 2008
183

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  88

Page  163,  line  28  [Schedule  8],  at end insert—

‘(1B)
Before any order is made that imposes any requirement which would have the

effect that a majority of the members of the regulatory body of any profession

would be persons not included in the register of members admitted to practice, the

Secretary of State must consult the members on the register.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not selected  86

Page  163  [Schedule  8],  leave out lines 29 to 32.

Mr Andrew Dismore

Dr Evan Harris

Not called  18

Page  165,  line  27  [Schedule  9],  at end insert—

‘(ea)
awareness of, and training in, human rights;’.

Secretary Alan Johnson

Agreed to  42

Page  167,  line  33  [Schedule  10],  after first ‘in’, insert ‘Part 2 of’.

Secretary Alan Johnson

Agreed to  43

Page  167,  line  33  [Schedule  10],  after ‘Schedule’, insert ‘—

(a)
’.

Secretary Alan Johnson

Agreed to  44

Page  167,  line  35  [Schedule  10],  at end insert ‘, and

(b)
at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”’.

Secretary Alan Johnson

Agreed to  45

Page  167,  line  38  [Schedule  10],  leave out from beginning to ‘for’ and insert ‘—

(a)
in paragraph 1 (bodies to which in England and Wales Act applies),’.

Report Stage Proceedings: 18th February 2008
184

Health and Social Care Bill, continued

Secretary Alan Johnson

Agreed to  46

Page  167,  line  41  [Schedule  10],  after ‘Excellence’, insert ‘;

(bcb)
the Office of the Health Professions Adjudicator;”,

and

(b)
in paragraph 2 (bodies to which in Scotland Act applies), before

paragraph (d) insert—

“(ca)
the Council for Healthcare Regulatory Excellence;

(cb)
the Office of the Health Professions

Adjudicator;”.’.

Secretary Alan Johnson

Agreed to  47

Page  168,  line  3  [Schedule  10],  after ‘disqualified)’, insert ‘—

(a)
’.

Secretary Alan Johnson

Agreed to  48

Page  168,  line  5  [Schedule  10],  at end insert ‘, and

(b)
at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”’.

Secretary Alan Johnson

Agreed to  49

Page  168,  line  8  [Schedule  10],  after ‘disqualified)’, insert ‘—

(a)
’.

Secretary Alan Johnson

Agreed to  50

Page  168,  line  10  [Schedule  10],  at end insert ‘, and

(b)
at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”’.

Secretary Alan Johnson

Agreed to  51

Page  168,  line  12  [Schedule  10],  leave out ‘Part 3 of’.

Secretary Alan Johnson

Agreed to  52

Page  168,  line  13  [Schedule  10],  after ‘duty)’, insert ‘—

(a)
in Part 2, at the appropriate place under the heading “Health” insert—

“The Office of the Health Professions Adjudicator.”, and

(b)
in Part 3,’.

Secretary Alan Johnson

Agreed to  53

Page  168,  line  16  [Schedule  10],  at end insert—

Report Stage Proceedings: 18th February 2008
185

Health and Social Care Bill, continued

‘
In section 27 of the Dentists Act 1984 (allegations against registered dentists),

in subsection (2)(g), after “social care profession” insert “, or by the Office of

the Health Professions Adjudicator,”.’.

Secretary Alan Johnson

Agreed to  54

Page  168,  line  20  [Schedule  10],  at end insert—

‘
In section 36N of the Dentists Act 1984 (allegations against registered dental

care professionals), in subsection (2)(g), after “social care profession” insert “,

or by the Office of the Health Professions Adjudicator,”.’.

Secretary Alan Johnson

Agreed to  55

Page  169,  line  16  [Schedule  10],  after ‘authorities)’, insert ‘—

(a)
’.

Secretary Alan Johnson

Agreed to  56

Page  169,  line  18  [Schedule  10],  at end insert ‘, and

(b)
at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”’.

Secretary Alan Johnson

Agreed to  57

Page  169,  line  18  [Schedule  10],  at end insert—

‘Nursing and Midwifery Order 2001 (S.I. 2002/253)


In article 22 of the Nursing and Midwifery Order 2001 (allegations), in

paragraph (1)(a)(v), after “social care profession” insert “, or by the Office of

the Health Professions Adjudicator,”.’.

Secretary Alan Johnson

Agreed to  58

Page  169,  line  18  [Schedule  10],  at end insert—

‘Health Professions Order 2001 (S.I. 2002/254)


In article 22 of the Health Professions Order 2001 (allegations), in paragraph

(1)(a)(v), after “social care profession” insert “, or by the Office of the Health

Professions Adjudicator,”.’.

Secretary Alan Johnson

Agreed to  59

Page  170,  line  34  [Schedule  10],  at end insert—