House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 12 June 2009
38

Health Bill-[ [], continued

Network’.

Mike Penning

Mr Stephen O’Brien

92

Clause  9,  page  6,  line  4,  after first ‘State’, insert ‘and simultaneously laid before

Parliament’.

Mr Stephen O’Brien

Mike Penning

121


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

‘(4A)
If a patient or member of the public notifies the provider of an error or omission

in a document published under that section, the Secretary of State must within 21

days make an amended document available to the public.’.

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—

‘( )
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.’.

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.’.

Mike Penning

Mr Stephen O’Brien

163


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

Notices of Amendments: 12 June 2009
39

Health Bill-[ [], continued

‘(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.’.

Mr Stephen O’Brien

Mike Penning

119


Clause  9,  page  6,  line  10,  at end insert—

‘(aa)
as to the information technology that trusts will require to measure and

report on quality in the quality accounts;’.

Mike Penning

Mr Stephen O’Brien

160


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

Mr Stephen O’Brien

Mike Penning

122


Clause  10,  page  6,  line  34,  leave out ‘annulment’ and insert ‘approval’.

Mr Stephen O’Brien

Mike Penning

106


Clause  11,  page  7,  line  28,  at end insert—

‘(7)
Health care provided in accordance with this section constitutes a function of a

public nature for the purposes of section 6 of the Human Rights Act 1998.’.

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;’.

Mr Stephen O’Brien

Mike Penning

15

Clause  11,  page  8,  line  5,  at end insert—

‘(fa)
as to circumstances in which the patient might pay a carer with a direct

payment,’.

Mr Stephen O’Brien

Mike Penning

123


Clause  11,  page  8,  line  18,  at end insert—

Notices of Amendments: 12 June 2009
40

Health Bill-[ [], continued

‘(l)
as to arrangements to be made where the patient exercises a direct

payment alongside a top-up.’.

Mr Stephen O’Brien

Mike Penning

124


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the retention of savings made as a result of a direct payment by the

Primary Care Trust;

(m)
as to the granting of money for direct payments to the Primary Care Trust

by the Secretary of State.’.

Mr Stephen O’Brien

Mike Penning

125


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the commissioning of emergency, urgent and intensive care with a

direct payment.’.

Mr Stephen O’Brien

Mike Penning

126


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the commissioning of palliative care with a direct payment.’.

Mr Stephen O’Brien

Mike Penning

127


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the responsibilities of the patient as an employer.’.

Mr Stephen O’Brien

Mike Penning

128


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the purchase of community services at tariff prices.’.

Mr Stephen O’Brien

Mike Penning

129


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the use of direct payments by prisoners.’.

Mr Stephen O’Brien

Mike Penning

130


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the use of direct payments to fund complementary therapies.’.

Notices of Amendments: 12 June 2009
41

Health Bill-[ [], continued

Mr Stephen O’Brien

Mike Penning

131


Clause  11,  page  8,  line  18,  at end insert—

‘(l)
as to the use of direct payments to purchase care in from another health

system—

(a)
in the United Kingdom;

(b)
in the European Union’.

Mr Stephen O’Brien

Mike Penning

16

Clause  11,  page  8,  line  29,  after ‘Trust’, insert ‘and may also provide for an appeals

process’.

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.’.

Mr Stephen O’Brien

Mike Penning

132


Clause  11,  page  9,  line  26,  at end insert—

‘(d)
the impact of direct payments on health inequalities.’.

Sandra Gidley

Dr John Pugh

173


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

Mr Stephen O’Brien

Mike Penning

142


Clause  11,  page  9,  line  34,  after ‘this’, insert ‘Part of this’.

Mr Stephen O’Brien

Mike Penning

17

Clause  11,  page  9,  line  42,  leave out ‘Secretary of State’ and insert ‘patient’.

Notices of Amendments: 12 June 2009
42

Health Bill-[ [], continued

Mr Stephen O’Brien

Mike Penning

140


Schedule  1,  page  38,  line  32,  at end insert—

‘(za)
an order under section 12B’.

Mr Stephen O’Brien

Mike Penning

141


Schedule  1,  page  38,  line  33,  leave out ‘(8) or (10)’.

Mr Stephen O’Brien

Mike Penning

18

Clause  14,  page  10,  line  37,  at end insert—

‘(za)
work in any field relevant to the NHS;

(zb)
work conducted by any individual, group(s) or organisation(s) employed

by the NHS or affiliated to it’.

Mr Stephen O’Brien

Mike Penning

136


Clause  14,  page  10,  line  40,  at end insert—

‘(c)
work done promoting innovation.’.

Mr Stephen O’Brien

Mike Penning

137


Clause  14,  page  10,  line  40,  at end insert—

‘(2A)
A prize may be paid in instalments relating to subsections (2)(a), (2)(b) and (2)(c)

above.’.

Mr Stephen O’Brien

Mike Penning

19

Clause  14,  page  11,  line  3,  at end insert—

‘(4)
The committee shall advise on—

(a)
the selection of candidates for innovation prizes;

(b)
the payment awarded to each prize winner.’.

Mr Stephen O’Brien

Mike Penning

20

Clause  14,  page  11,  line  3,  at end insert—

Notices of Amendments: 12 June 2009
43

Health Bill-[ [], continued

‘(4)
The Secretary of State and his appointed committee may not determine the field,

discipline or sector in which candidates for innovation prizes must develop their

innovations.’.

Mike Penning

Mr Stephen O’Brien

177


Clause  15,  page  11,  line  36,  after ‘it’, insert ‘necessary and’.

Mike Penning

Mr Stephen O’Brien

178


Clause  15,  page  12,  line  10,  at end insert—

‘( )
the staff of the Trust.’.

Mike Penning

Mr Stephen O’Brien

182


Clause  15,  page  12,  line  21,  at end insert—

‘( )
The Secretary of State’s power to direct a trust special administrator shall not

apply in relation to those aspects of a trust special administrator’s duties referred

to in sections 65G and 65H (other than subsection (7)).’.

Mike Penning

Mr Stephen O’Brien

101

Clause  15,  page  12,  line  26,  leave out from ‘affect’ to end of line 27 and insert ‘the

membership of the executive directors to any committee or sub-committee of the trust.’.

Mike Penning

Mr Stephen O’Brien

179


Clause  15,  page  13,  line  5,  at end insert—

‘( )
the staff of the Trust.’.

Mike Penning

Mr Stephen O’Brien

180


Clause  15,  page  13,  line  5,  at end insert—

‘( )
the trustees,

( )
the board of governors.’.

Mike Penning

Mr Stephen O’Brien

93

Clause  15,  page  13,  line  43,  at beginning, insert ‘Immediately’.

Notices of Amendments: 12 June 2009
44

Health Bill-[ [], continued

Mike Penning

Mr Stephen O’Brien

94

Clause  15,  page  15,  line  8,  at beginning insert ‘Only where he considers it

appropriate in the interests of the health service’.

Mike Penning

Mr Stephen O’Brien

95

Clause  15,  page  15,  line  24,  at beginning insert ‘Immediately’.

Mike Penning

Mr Stephen O’Brien

102

Schedule  2,  page  40,  leave out lines 11 to 15 and insert—

‘(2)
On the order under section 65E(1) taking effect, the Secretary of State must

conduct a review of the performance of those persons who were the chairman and

executive and non-executive directors of the NHS foundation trust before they

become, for the unexpired terms of their appointments, the chairman and

executive and non-executive directors of the NHS trust.’.

Mike Penning

Mr Stephen O’Brien

181


Clause  17,  page  18,  line  5,  at end insert—

‘( )
the staff of the Trust.’.

Mike Penning

Mr Stephen O’Brien

96

Clause  17,  page  19,  line  7,  at beginning, insert ‘Immediately’.

Mike Penning

Mr Stephen O’Brien

97

Clause  17,  page  20,  line  18,  at beginning insert ‘Immediately’.

Mike Penning

Mr Stephen O’Brien

98

Clause  17,  page  21,  line  28,  at beginning insert ‘Only where he considers it

appropriate in the interests of the health service’.