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Health and Social Care BIll


 
 

 

LORDS amendments to the

Health and Social Care Bill

[The page and line references are to HL Bill 33, the bill as first printed for the Lords.]

Clause 2

1

Page 2 , line 7, leave out subsections (3) to (5)

After Clause 2

2

Insert the following new Clause—

 

         

“The Commission’s objectives

 

(1)    

The main objective of the Commission in performing its functions is to

 

protect and promote the health, safety and welfare of people who use

 

health and social care services.

 

(2)    

The Commission is to perform its functions for the general purpose of

 

encouraging—

 

(a)    

the improvement of health and social care services,

 

(b)    

the provision of health and social care services in a way that focuses

 

on the needs and experiences of people who use those services, and

 

(c)    

the efficient and effective use of resources in the provision of health

 

and social care services.

 

(3)    

In this Chapter “health and social care services” means the services to

 

which the Commission’s functions relate.”

3

Insert the following new Clause—

 

         

“Matters to which the Commission must have regard

 

(1)    

In performing its functions the Commission must have regard to—

 

(a)    

views expressed by or on behalf of members of the public about

 

health and social care services,

 
 
Bill 13254/3

 
 

2

 
 

(b)    

experiences of people who use health and social care services and

 

their families and friends,

 

(c)    

views expressed by local involvement networks about the

 

provision of health and social care services in their areas,

 

(d)    

the need to protect and promote the rights of people who use health

 

and social care services (including, in particular, the rights of

 

children, of persons detained under the Mental Health Act 1983

 

(c. 20), of persons who are deprived of their liberty in accordance

 

with the Mental Capacity Act 2005 (c. 9), and of other vulnerable

 

adults),

 

(e)    

the need to ensure that action by the Commission in relation to

 

health and social care services is proportionate to the risks against

 

which it would afford safeguards and is targeted only where it is

 

needed,

 

(f)    

any developments in approaches to regulatory action, and

 

(g)    

best practice among persons performing functions comparable to

 

those of the Commission (including the principles under which

 

regulatory action should be transparent, accountable and

 

consistent).

 

(2)    

In performing its functions the Commission must also have regard to such

 

aspects of government policy as the Secretary of State may direct.

 

(3)    

In subsection (1)(c), “local involvement network” has the meaning given by

 

section 222(2) of the Local Government and Public Involvement in Health

 

Act 2007.”

4

Insert the following new Clause—

 

         

“Statement on user involvement

 

(1)    

The Commission must publish a statement describing how it proposes to—

 

(a)    

promote awareness among service users and carers of its functions,

 

(b)    

promote and engage in discussion with service users and carers

 

about the provision of health and social care services and about the

 

way in which the Commission exercises its functions,

 

(c)    

ensure that proper regard is had to the views expressed by service

 

users and carers, and

 

(d)    

arrange for any of its functions to be exercised by, or with the

 

assistance of, service users and carers.

 

(2)    

The Commission may from time to time revise the statement and must

 

publish any revised statement.

 

(3)    

Before publishing the statement (or revised statement) the Commission

 

must consult such persons as it considers appropriate.

 

(4)    

In this section—

 

(a)    

“service users” means people who use health or social care services,

 

and

 

(b)    

“carers” means people who care for service users as relatives or

 

friends.”

After Clause 3

5

Insert the following new Clause—


 
 

3

 
 

         

“Meaning of “health and social care services” in Chapter 1

 

In this Chapter “health and social care services” has the meaning given by

 

section (The Commission’s objectives)(3).”

Clause 13

6

Page 6, line 14, at end insert—

 

“(1A)    

The Commission must cancel the registration of a person under this

 

Chapter as a manager in respect of a regulated activity if—

 

(a)    

no-one is registered under this Chapter as a service provider in

 

respect of the activity, or

 

(b)    

the registration of a person under this Chapter as a service provider

 

in respect of the activity ceases to be subject to a registered manager

 

condition.”

7

Page 6, line 21, leave out paragraph (d) and insert—

 

“(d)    

any other offence which appears to the Commission to be relevant.”

Clause 16

8

Page 8, line 11, at end insert “and the application of lessons learnt from them”

Clause 22

9

Page 11, line 35, after “than” insert “by virtue of section 13(1A) or”

Clause 25

10

Page 13, line 21, leave out “provisions of this Chapter” and insert “relevant

 

requirements”

Clause 30

11

Page 16, line 1, leave out subsections (2) and (3) and insert—

 

“( )    

A person (“M”) whose registration under this Chapter as a manager in

 

respect of a regulated activity is suspended is guilty of an offence if, during

 

the period of suspension, M manages that activity at a time when no one

 

else has been registered under this Chapter as a manager in respect of the

 

activity since the suspension of M’s registration.

 

( )    

A person (“M”) whose registration under this Chapter as a manager in

 

respect of a regulated activity has been cancelled is guilty of an offence if M

 

manages that activity at a time when—

 

(a)    

a person (“S”) remains registered under this Chapter as a service

 

provider in respect of the activity,

 

(b)    

S’s registration remains subject to a registered manager condition,

 

and

 

(c)    

no-one has been registered under this Chapter as a manager in

 

respect of the activity since the cancellation of M’s registration.

 

( )    

If a person (“M”) who is registered under this Chapter as a manager in

 

respect of a regulated activity manages that activity while the registration

 

of the person registered under this Chapter as a service provider in respect


 
 

4

 
 

of the activity is suspended, M is guilty of an offence if M knows or could

 

reasonably be expected to know of the suspension.”

Clause 38

12

Page 18, line 38, after “where” insert “a person who was”

Clause 39

13

Page 19, line 10, after “any” insert “regulated”

14

Page 19, line 25, at end insert—

 

“( )    

Any regulated activity carried on by or on behalf of the Crown is for this

 

purpose a newly regulated activity.”

Clause 42

15

Page 20, line 27, leave out from “care” to end of line 28 and insert “provided or

 

commissioned by the Trust”

16

Page 20, line 36, leave out from “services” to end of line 38 and insert “provided or

 

commissioned by the authority”

Clause 43

17

Page 21, line 30, leave out “or modified”

Clause 44

18

Page 22, line 9, at end insert—

 

“(4A)    

The Commission must consider whether the report raises anything on

 

which it ought to give advice to the Secretary of State under section 49(2).

 

(4B)    

If the review or investigation gives rise to a duty to act under section 46(2)

 

or (3) in respect of an English local authority, subsection (4A) does not

 

apply in relation to so much of the report as relates to that local authority.”

19

Page 22, line 12, leave out “such a report” and insert “a report under subsection (4)”

Clause 60

20

Page 30, line 29, leave out “pursuant to arrangements made” and insert

 

“commissioned”

21

Page 30, line 32, leave out “pursuant to arrangements made” and insert

 

“commissioned”

Clause 65

22

Page 32, line 26, at end insert—

 

“( )    

The Commission and the Welsh Ministers may share information with

 

each other for the purposes of subsection (1).”


 
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