Notices of Amendments: 11 June 2009

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Duty to have regard to the Social Care Constitution

Mr Stephen O’Brien

Mike Penning

NC3

To move the following Clause:—

‘Any person providing social care under the Health and Social Care Act 2008 (c.

14) must have regard to the Social Care Constitution.’.

Availability and review of the Social Care Constitution

Mr Stephen O’Brien

Mike Penning

NC4

To move the following Clause:—

‘(1)	The Secretary of State must ensure that the Social Care Constitution continues to

be available to service users, staff and members of the public.

(2)	At least once in any period of 10 years the Secretary of State must carry out a

review of the Social Care Constitution (referred to in this Chapter as a “10 year

review”).

(3)	The following must be consulted about the Social Care Constitution on a 10 year

review—

(a)	service users and bodies or other persons representing service users,

(b)	staff and bodies or other persons representing staff of service providers,

(c)

carers,

(d)	local authorities,

(e)	members of the public, and

(f)	such other persons as the Secretary of State considers appropriate.

(4)	The first 10 year review must be completed not later than 5 July 2018.

(5)	In this Chapter—

“carers” has the meaning it has in section 5(4) of the Health and Social Care

Act 2008 (c. 14);

“service users” has the meaning it has in section 5(4) of the Health and

Social Care Act 2008(c. 14);

“service providers” has the meaning it has in the Health and Social Care Act

2008 (c. 14);

“staff” means—

(a)	persons employed by a body listed in section 2(2) or otherwise

working for such a body (whether as or on behalf of a contractor,

as a volunteer or otherwise) in, or in connection with, the

provision, commissioning or regulation of NHS services;

(b)	persons employed by a person listed in subsection (4) or (5) of

section 2 or otherwise working for such a person (whether as or

on behalf of a contractor, as a volunteer or otherwise) in, or in

connection with, the provision of services or assistance or the

making of arrangements as mentioned in the subsection in

question.

(6)	For the purposes of subsection (3), each of the following is a local authority—

(a)	a county council in England;

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(b)	a district council in England, other than a council for a district in a county

for which there is a county council;

(c)	a London borough council;

(d)	the Common Council of the City of London;

(e)	the Council of the Isles of Scilly.’.

Mike Penning

Mr Stephen O’Brien

155

Clause  8,  page  5,  line  33,  at end insert—

‘( )	The Secretary of State must undertake appropriate consultation with appropriate

bodies listed under, but not limited to, subsections (2) and (3) before requiring

them by regulation to publish in respect of each reporting period a document

containing prescribed information relevant to the quality of services.’.

Notification to Parliament of the impact of quality accounts

Mike Penning

Mr Stephen O’Brien

NC5

To move the following Clause:—

‘(1)	The Secretary of State shall make a statement to Parliament no later than 3 years

after the coming into force of this Part regarding the impact of quality accounts.

(2)	This statement shall address the demand for quality accounts from patients and

members of the public, the improvements that quality accounts have brought

about as provider organisations focus on quality improvement, and the way that

quality accounts reflect the healthcare needs of patients servied by the bodies

listed in Clause 8, subsections (2) and (3).’.

Mike Penning

Mr Stephen O’Brien

156

Clause  8,  page  5,  line  27,  after ‘containing’, insert ‘(but not limited to)’.

Mike Penning

Mr Stephen O’Brien

157

Clause  9,  page  6,  line  6,  at end insert—

‘( )	In subsection (4) “to make the document available” includes in particular—

(a)	to publish electronically and in paper form;

(b)	to take reasonable and appropriate steps to ensure that patients and the

public are informed of the manner in which they may access the

document;

(c)	to take reasonable and appropriate steps to make the document readily

accessible to patients and the public.’.

Mike Penning

Mr Stephen O’Brien

158

Clause  9,  page  6,  line  6,  at end insert—

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‘( )	A document (whether in whole or in part and whether alone or jointly with others)

made available to the public by the Secretary of State must be accompanied by

such information as may be recommended to the Secretary of State by the

National Institute for Health and Clinical Excellence with a view to enabling the

public to assess the document’s contents by reference to relevant and meaningful

standards of comparison.’.

Cross border pharmaceutical services

Mr Stephen O’Brien

Mike Penning

NC6

To move the following Clause:—

‘After paragraph 13 of schedule 1 of the National Health Service (Wales) Act

2006 (c. 42) add—

“Cross border pharmaceutical services

(14)	The Welsh Ministers must ensure that residents of England registered

with Welsh general practices receive the same access to pharmaceutical

services as residents of England registered with English general

practices.

(15)	The Secretary of State may issue guidance on the representation of

English residents registered with Welsh general practices by Members of

Parliament to Welsh Ministers.”’.

Mike Penning

Mr Stephen O’Brien

159

Clause  8,  page  5,  leave out paragraph (c).

Mike Penning

Mr Stephen O’Brien

160

Clause  9,  page  6,  line  19,  leave out ‘2’ and insert ‘3’.

Mike Penning

Mr Stephen O’Brien

161

Clause  35,  page  33,  line  23,  after ‘enable’ insert ‘any’.

Mike Penning

Mr Stephen O’Brien

162

Clause  9,  page  6,  line  6,  at end insert—

‘(4A)

In subsection (4) “to make the document available” includes in particular taking

reasonable steps to ensure that the document is alternatively available in the

appropriate form for any person that may have difficulty accessing an electronic

or paper copy.’.

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Mike Penning

Mr Stephen O’Brien

163

Clause  9,  page  6,  line  6,  at end insert—

‘(4A)

A document (whether in whole or in part and whether alone or jointly with others)

made available to the public by the Secretary of State shall contain information

about the, choice of services available to patients.’.

Evaluation of quality accounts

Mike Penning

Mr Stephen O’Brien

NC7

To move the following Clause:—

‘(1)	The Secretary of State shall make a statement to Parliament no later than 4 years

after the coming into force of this Part regarding the impact of quality accounts.

(2)	This statement shall examine the way quality accounts reflect the demographic,

social, economic and geographical areas served by the bodies listed in Clause 8,

subsections (2) and (3).’.

Sandra Gidley

Dr John Pugh

164

Clause  2,  page  2,  line  8,  at end insert—

‘(h)	Children’s Trusts;

(i)	Sure Start Centres;

(j)	any other organisations providing NHS services.’.

Sandra Gidley

Dr John Pugh

165

Clause  3,  page  3,  line  3,  after ‘public’, insert ‘in formats accesible to people with

disabilities’.

Sandra Gidley

Dr John Pugh

166

Clause  3,  page  3,  line  4,  leave out subsection (2) and insert—

‘(2)	A review of the NHS Constitution shall be carried out on the anniversary of its

first year of operation by the Secretary of State and at least once in any period if

10 years thereafter (referred to in this Chapter as a “10 year review”).’.

Sandra Gidley

Dr John Pugh

167

Clause  3,  page  3,  line  14,  at end insert—

‘(fa)

local involvement networks,’.

Sandra Gidley

Dr John Pugh

168

Clause  5,  page  4,  line  17,  at end insert ‘, including in formats accessible to people

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with disabilities.’.

Sandra Gidley

Dr John Pugh

169

Clause  8,  page  5,  line  28,  at end insert—

‘(3A)

When required, bodies listed in subsection (2) must provide information for

injury data collection on the causes of injuries for patients admitted.’.

Sandra Gidley

Dr John Pugh

170

Clause  11,  page  7,  line  34,  at end insert—

‘(aa)

as to whether a patient wishes to use direct payments as a means of

obtaining health care;’.

Sandra Gidley

Dr John Pugh

171

Clause  11,  page  9,  line  14,  at end insert—

‘(4A)

The regulations must make provision that the pilot schemes are fully completed

before a recommendation is laid before Parliament.’.

Sandra Gidley

Dr John Pugh

172

Clause  11,  page  9,  line  17,  at end insert—

‘(aa)

for a review to be carried out that involves patients, staff, voluntary

organisations and representative bodies.’.

Charges to overseas visitors

Sandra Gidley

Dr John Pugh

NC8

To move the following Clause:—

‘(1)	The National Health Service (Charges to Overseas Visitors) Regulations 1989

(S.I. 1989/306) are amended as follows—

(2)	In regulations 4, paragraph (c) after the second “Kingdom”, insert “or under the

Human Rights Convention, whether or not such application has been decided.”

(3)	In regulation 4, paragraph (1), sub-paragraph (c), leave out “which has not yet

been determined”’.

Member’s explanatory statement

This amendment would end the current situation where refused asylum seekers can be denied sec­

ondary healthcare unless they can pay for it.

Sandra Gidley

Dr John Pugh

173

Clause  11,  page  9,  line  33,  leave out lines 33 and 34.

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Accessible information

Sandra Gidley

Dr John Pugh

NC9

To move the following Clause:—

‘(1)	This section applies to information provided by the National Health Service to

patients or members of the public.

(2)	Information to which this section applies shall be made available in a manner

which is accessible to people with disabilities.

(3)	Each NHS trust shall publish annually, as part of their reporting on their

Disability Equality Duty obligations, details of the number of documents they

have provided to disabled people in formats other than standard print.’.

Member’s explanatory statement

The new Clause would ensure that information in the NHS would be provided in accessible for­

mats, in accordance with the Disability Discrimination Act 1995 and Disability Equality Duty.

Mr Stephen O’Brien

Mike Penning

174

Clause  8,  page  5,  line  28,  at end insert—

‘(3A)

The regulations may specify that the information relevant to the quality of NHS

services is to be published within the annual reports of NHS Trusts and, subject

to the direction of the Independent Regulator of NHS Foundation Trusts, within

the annual reports of NHS Foundation Trusts.’.

Mr Stephen O’Brien

Mike Penning

175

Clause  26,  page  28,  line  37,  at beginning insert ‘pharmaceutical’.

Mr Stephen O’Brien

Mike Penning

176

Clause  26,  page  28,  line  37,  after first ‘the’, insert ‘pharmaceutical’.

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Revised 12 June 2009