|
| |
| | |
| | |
| |
| | |
| | |
| | New Amendments handed in are marked thus  |
|
| |  Amendments which will comply with the required notice period at their next appearance
|
|
| | Health and Social Care Bill
|
|
| | |
| | | The Amendments have been arranged in accordance with the Order of the |
|
| | | |
| | |
| | |
| | |
| | |
| | | |
| | Schedule 2, page 227, line 11, at end insert— |
|
| | | ‘2A(1) | The consortium must have a board that includes— |
|
| | | (a) | a chair appointed by the membership of the consortium; |
|
| | | (b) | the accountable officer if this is not the chair; |
|
| | | (c) | at least three non-executive directors appointed by the chair that are |
|
| | | not members of a commissioning consortium; |
|
| | | (d) | at least one patient representative appointed by the local Healthwatch |
|
| | | |
| | | (e) | such additional clinical specialists that are needed to ensure that expert |
|
| | | advice is available within the Board for the commissioning of services, |
|
| | | |
| | | (i) | a registered nurse, and |
|
| | | (ii) | a member of the allied health professions; |
|
| | | (f) | at least one representative from local authorities in the consortium |
|
| | | |
| | | (g) | no more than four other members of the consortium. |
|
| | | (2) | The consortium must meet in public. |
|
| | | (3) | The agenda and minutes from the consortium board and any sub-committees |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Schedule 2, page 227, line 29, at end insert— |
|
| | | ‘(3) | The consortium must make provision for its members individually to have the |
|
| | | opportunity to decide the maximum number of patients they serve.’. |
|
| | |
| | | |
| | Schedule 2, page 228, line 6, after ‘such’, insert ‘suitably qualified’. |
|
| | |
| | | |
| | Schedule 2, page 228, line 9, after ‘determine’, insert ‘having due regard to the |
|
| | NHS pay scales agreed following recommendations by the NHS Pay Review Body and |
|
| | the Doctors and Dentists Pay Review Body, or any successor bodies,’. |
|
| | |
| | | |
| | Schedule 2, page 228, line 11, after ‘determine’, insert ‘having due regard to |
|
| | agreements made by the NHS Staff Council.’. |
|
| | |
| | | |
| | Schedule 2, page 228, line 16, at end insert— |
|
| | | ‘(4A) | Regulations under subsection (3) and guidance under subsection (4) shall also |
|
| | | apply to any person with which the consortium enters into a contractural |
|
| | | agreement relating to the excercise of its functions, including the employees of |
|
| | | such a person, in so far as they are exercising the functions of the consortium or |
|
| | | assisting the consortium in the exercise of its functions.’. |
|
| | |
| | | |
| | Schedule 2, page 228, line 21, after ‘schemes’, insert ‘having due regard to the |
|
| | provisions of the NHS Pension scheme’. |
|
| | |
| | |
| | |
| | | |
| | Schedule 2, page 228, line 28, leave out ‘Board’ and insert ‘commissioning |
|
| | |
| | |
| | |
| | |
| | | |
| | Schedule 2, page 228, line 29, leave out ‘Board’ and insert ‘commissioning |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Schedule 2, page 229, line 6, leave out ‘and 13’ and insert ‘to 14’. |
|
| | |
| | | |
| | Schedule 2, page 232, leave out lines 16 to 20. |
|
| | |
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 29, at end insert— |
|
| | | ‘(e) | promote public involvement in decisions about the health services that |
|
| | | are to be commissioned for their areas.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 31, at end insert— |
|
| | | ‘14NA | Duties as to integration and collaboration |
|
| | | (1) | Each commissioning consortium must, in the exercise of its functions, cooperate |
|
| | | with the NHS Board, other commissioning consortia and local authorities. |
|
| | | (2) | In arranging for the provision of services, each commissioning consortium must |
|
| | | act with a view to encouraging providers of health services to cooperate with |
|
| | | other providers of health services, commissioning consortia, local authorities and |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 31, at end insert— |
|
| | | ‘(b) | in this section “Public” means people or groups of people who receive |
|
| | | services or may receive services.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 33, leave out from ‘arrangements’ to end of line 36 and |
|
| | insert ‘for the involvement of relevant clinicians from— |
|
| | | (a) | community, primary or secondary care, |
|
| | | (b) | professions allied to medicine, |
|
| | | |
| | | (d) | representatives from patients’ groups, and |
|
|
| |
| | |
| | |
| |
| | | (e) | other persons with experience relating to the physical or mental health of |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 36, at end insert ‘and from persons with professional |
|
| | expertise in patient and public involvement and review and scrutiny.’. |
|
| | |
| | | |
| | Clause 22, page 30, line 36, at end insert— |
|
| | | ‘14OA | Duty to consult staff |
|
| | | (1) | Each commissioning consortium must have regard to the NHS Constitution, as |
|
| | | legislated for in section 1 of the Health Act 2009, including the reponsibility to |
|
| | | engage staff in the exercise of its functions and to engage staff on changes that |
|
| | | may affect their working practices. |
|
| | | (2) | Each commissioning consortium must publish a staff engagement strategy in |
|
| | | relation to commissioning, including— |
|
| | | (a) | developing and implementing commissioning strategies; |
|
| | | (b) | reviewing services and care pathways; |
|
| | | (c) | developing service specifications; |
|
| | | (d) | procurement of services. |
|
| | | (3) | Each commissioning consortium must engage regularly with staff representatives |
|
| | | through local or regional Social Partnership Forums, or similar bodies, or any |
|
| | | |
| | | 14OB | Duty to work in partnership |
|
| | | Each commissioning consortium must seek to work in partnership with |
|
| | | employers and staff side representatives in implementing new contracts, |
|
| | | particularly where this would involve transfers or other changes that could affect |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 22, page 30, line 36, at end insert— |
|
| | | ‘14OA | Duty to publish information |
|
| | | A commissioning consortium must make arrangements to publish information |
|
| | | about services that it is seeking to commission in such a manner that ensures that |
|
| | | any prospective providers are able to respond to express an interest in providing |
|
| | | the services, before commissioning decisions are taken.’. |
|
| | |
| | | |
| | Clause 22, page 30, line 43, leave out from second ‘are’ to end of line 44 and insert |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Clause 22, page 31, line 19, at end insert— |
|
| | | ‘(7) | Consortia must have regard to the outcomes resulting from arrangements made |
|
| | | under subsection (2) when exercising their functions.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 31, line 19, at end insert— |
|
| | | ‘(7) | Where a local authority is exercising its powers in respect of section 175 of this |
|
| | | Act, whether through an overview and scrutiny committee or otherwise, consortia |
|
| | | shall include in their arrangements under subsection (2) for the local authority to |
|
| | | be consulted, through an overview and scrutiny committee or otherwise, in |
|
| | | relation to matters in paragraphs 2(a) to (c).’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 31, line 44, at end insert— |
|
| | | ‘14QA | Arrangements in respect of local authorities |
|
| | | A commissioning consortium must work closely with local authorities in the |
|
| | | provision of services for people with complex health and/or social care needs, |
|
| | | carers or those otherwise at risk of poor health or care outcomes or social |
|
| | | |
| | |
| | | |
| | Clause 22, page 32, line 20, after ‘grant’, insert ‘or loan’. |
|
| | |
| | | |
| | Clause 22, page 33, leave out lines 12 to 14. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 33, line 14, at end insert— |
|
| | | ‘(3A) | This guidance must include procedures for the management of conflicts of |
|
| | | interest in the commissioning arrangements of commissioning consortia, in |
|
| | | particular between the interests of persons engaged in commissioning services |
|
| | | and the interests of those engaged in their provision.’. |
|
| | |
| | | |
| | Clause 22, page 33, line 15, after ‘consult’, insert ‘representatives of |
|
| | commissioning consortia and’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Clause 22, page 33, leave out lines 15 to 19 and insert— |
|
| | | ‘(4) | The Board must consult, and have regard to the views of, the Healthwatch |
|
| | | England committee of the Care Quality Commission and other bodies and |
|
| | | persons with professional expertise relating to patient and public involvement and |
|
| | | |
| | |
| | | |
| | Clause 22, page 34, line 5, leave out ‘each financial year, each’ and insert ‘each |
|
| | |
| | |
| | | |
| | Clause 22, page 34, line 7, leave out ‘year’ and insert ‘period’. |
|
| | |
| | | |
| | Clause 22, page 34, line 7, at end insert— |
|
| | | ‘( ) | In subsection (1), “relevant period”, in relation to a commissioning consortium, |
|
| | | |
| | | |
| | | (i) | begins on such day during the first financial year of the |
|
| | | consortium as the Board may direct, and |
|
| | | (ii) | ends at the end of that financial year, and |
|
| | | (b) | each subsequent financial year.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 34, line 10, after ‘14L’, insert ‘and 14P’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 34, line 12, leave out from ‘consortium’ to end of line 16 and insert |
|
| | ‘is required to address the needs identified in the most recent joint health and wellbeing |
|
| | strategy published by the Health and Wellbeing Board by virtue of section 180 of the |
|
| | Health and Social Care Act 2011 and must consult each relevant Health and Wellbeing |
|
| | Board about its view on whether the plan adequately addresses the needs of its locality.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Clause 22, page 34, line 21, at end insert— |
|
| | | ‘(aa) | a Health and Wellbeing Board must have regard to the views of a relevant |
|
| | | overview and scrutiny committee for its area (where operated) when |
|
| | | preparing to give its opinion on consortia commissioning plans.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 34, line 23, after ‘opinion’, insert ‘and the views of any overview |
|
| | and scrutiny committee.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 34, line 26, at end insert— |
|
| | | ‘(5A) | Where the Board has received the opinion of the Health and Wellbeing Board it |
|
| | | must reply to that opinion in 28 days.’. |
|
| | |
| | | |
| | Clause 22, page 34, line 31, at end insert— |
|
| | | ‘(8A) | The commissioning consortium may revise the plan. |
|
| | | (8B) | If the consortium proposes to revise the plan so as to make changes which it |
|
| | | considers significant, subsections (3), (4)(a) and (5) apply in relation to the |
|
| | | revision of the plan as they apply in relation to its preparation. |
|
| | | (8C) | If the consortium revises the plan so as to make changes which it considers |
|
| | | significant, subsections (4)(b) and (6) to (8) apply in relation to the revised plan |
|
| | | as they apply in relation to the plan. |
|
| | | (8D) | If the consortium revises the plan in any other way the consortium must— |
|
| | | (a) | publish a document setting out the changes it has made to the plan, and |
|
| | | (b) | give a copy of the document to the Board and each relevant Health and |
|
| | | |
| | | (8E) | The Board may publish guidance for commissioning consortia on the discharge |
|
| | | of their functions by virtue of subsections (8A) to (8D). |
|
| | | (8F) | A commissioning consortium must have regard to any guidance published by the |
|
| | | Board under subsection (8E).’. |
|
| | |
| | | |
| | Clause 22, page 34, line 33, leave out ‘established for an area which’ and insert |
|
| | ‘established by a local authority whose area’. |
|
| | |
| | | |
| | Clause 22, page 34, leave out lines 35 to 37. |
|
|
