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| Thursday 10 February 2011 |
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| For other Amendment(s) see the following page(s):
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| Health and Social Care Bill Committee 9-12 |
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| Health and Social Care Bill |
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| Clause 3, page 3, line 4, leave out from beginning to end of line 7 and insert— |
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| | ‘(1) | In exercising functions in relation to the health service, the Secretary of State |
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| | (a) | act to reduce inequalities between all the people of England with respect |
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| | (ii) | the benefits and quality of care they can obtain from the health |
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| | (iii) | their access to health services, and |
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| | (b) | report annually to Parliament on his Department’s progress in reducing |
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| | (2) | For the purposes of this Act “inequalities” shall refer to differences between |
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| | (a) | age disability, gender reassignment, marriage and civil partnership, |
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| | pregnancy and maternity, race, religion or belief, sex or sexual |
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| | (b) | geographical variation; and |
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| | (c) | socio-economic variation.’. |
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| Clause 3, page 3, line 5, leave out ‘must have regard to the need’ and insert ‘has a |
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| Clause 3, page 3, line 6, after ‘benefits’, insert ‘and quality of care’. |
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| Clause 3, page 3, line 7, at end add ‘and must report annually to Parliament on his |
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| Department’s progress in reducing inequalities.’. |
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| Clause 3, page 3, line 5, leave out ‘between the people of England’. |
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| Clause 4, page 3, line 17, after ‘appropriate’, add ‘provided that is consistent with |
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| the values and principles of the NHS Constitution’. |
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| Clause 4, page 3, line 15, after ‘purposes’, insert ‘has complete autonomy from |
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| direction from the Secretary of State, the NHS Commissioning Board or Monitor, and’. |
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| Clause 4, page 3, line 18, at end insert— |
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| | ‘(c) | for the purposes of this Act, “unnecessary burdens” shall exclude any |
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| | (i) | ensure public involvement, consultation and accountability, or |
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| | (ii) | publish data relating to performance or quality of services.’. |
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| Clause 3, page 3, line 7, at end insert—
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| ‘The duty of the Secretary of State under this section shall include upholding the |
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| provisions of the Equality Act 2010 and the NHS Constitution as defined in Section 1 of |
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| the Health Act 2009, and ensuring that these provisions apply to— |
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| | (a) | the National Health Service Commissioning Board; |
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| | (b) | commissioning consortia; |
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| | (c) | local authorities (as respects their public health functions); |
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| | (d) | Health and Wellbeing Boards; and |
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| | (e) | all providers of health care services for the purposes of the NHS.’. |
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| Clause 4, page 3, line 10, leave out ‘autonomy’ and insert ‘collaboration and |
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| Clause 4, page 3, line 15, leave out from ‘purposes’ to ‘and’ in line 17 and insert |
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| ‘must collaborate with other commissioners and providers of health services and local |
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| Clause 4, page 3, leave out line 18. |
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| Clause 4, page 3, line 18, at end add— |
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| | ‘(1) | Any regulations made by the Secretary of State in relation to health services for |
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| | the people in England shall only be enforced following the publication of an |
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| | autonomy impact assessment. |
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| | (2) | An autonomy impact assessment will assess the likely or actual effects of the |
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| | Secretary of State’s regulations on the ability of NHS bodies to undertake their |
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| | duties without unnecessary interference or burdens being placed on them by other |
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| | bodies or persons, including the Secretary of State. |
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| | (3) | The assessment will include consultation with any bodies that are impacted by the |
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| | Secretary of State’s regulations.’. |
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| Schedule 1, page 221, line 14, at end add— |
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| | ‘(c) | a medical practitioner; |
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| | (d) | a registered nurse.’. |
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| To move the following Clause:— |
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| | ‘(1) | After section 1C of the National Health Service Act 2006 insert— |
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| | 1D | Public Health England and its functions |
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| | (1) | There is a body to be known as Public Health England (“PHE”). |
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| | (2) | The PHE shall exercise such functions of the Secretary of State under this |
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| | Act as may be prescribed. |
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| | (3) | The Secretary of State may make regulations in relation to PHE about— |
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| | (b) | its membership and its members; |
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| | (d) | committees, procedures and exercise of functions; |
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| | (e) | provision of information; |
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| | (g) | its seal and evidence. |
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| | (4) | The Secretary of State may by regulations prescribe health-related |
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| | functions of the Secretary of State (other than functions under the |
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| | National Health Service Act 2006) which are to be exercisable by Public |
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| | (5) | In subsection (4), “health-related functions” means functions related |
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| | either directly or indirectly to the health of the public.’. |
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| Clause 7, page 4, line 15, leave out from ‘take’ to ‘for’ in line 16 and insert |
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| Clause 7, page 4, line 38, at end add— |
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| | ‘(c) | consult the Chief Medical Officer and local Medical Directors of public |
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| | health and have regard to their advice.’. |
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| Clause 8, page 5, line 7, leave out ‘may’ and insert ‘must’. |
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| Clause 8, page 5, line 9, at end add ‘where the Secretary of State, after consulting |
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| with local authorities, is satisfied that such steps are more appropriate at national rather |
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| Clause 8, page 5, line 5, leave out ‘such steps it considers appropriate’ and insert |
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| Clause 8, page 5, line 7, leave out ‘may take such steps as the Secretary of State |
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| considers appropriate’ and replace with ‘must take appropriate steps’. |
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| Clause 8, page 5, line 35, at end add— |
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| | ‘(6) | In exercising these functions the Secretary of State and local authorities must |
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| | consult relevant local Directors of Public Health and the Chief Medical Officer |
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| | and have regard to their advice.’. |
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| Clause 8, page 5, line 28, at end insert— |
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| | ‘(4A) | Where these functions are exercised by a county council, the county council shall |
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| | consult any relevant district councils in its area about how best to exercise its |
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| | functions under this part of the Act.’. |
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| Clause 8, page 5, line 31, leave out from ‘England’ to end of line 32. |
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| Clause 8, page 5, line 25, at end insert— |
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| | ‘(h) | supporting research into the prevention, diagnosis or treatment of |
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| Schedule 1, page 221, line 5, leave out ‘Commissioning’. |
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| Clause 1, page 1, line 9, after ‘has’, insert ‘and is accountable to Parliament for’. |
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| Clause 1, page 2, leave out lines 1 to 4 and insert— |
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| | ‘(b) | must for the purposes of section 1 provide or secure the provision of |
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| | services in accordance with this Act and the NHS Constitution, through |
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| | exercising functions in relation to a body mentioned in subsection (2A).’. |
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| Clause 1, page 2, line 6, leave out ‘Commissioning’. |
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| Clause 1, page 2, line 7, leave out ‘commissioning consortia’ and insert ‘primary |
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| Clause 1, page 2, line 8, at end insert— |
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| | ‘(d) | NHS providers and providers to the NHS.’. |
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| Clause 2, page 2, line 23, leave out ‘with a view to securing’ and insert ‘to secure’. |
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| Clause 2, page 2, line 29, leave out ‘with a view to securing’ and insert ‘to secure’. |
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| Clause 3, page 2, line 33, leave out from ‘show’ to end of line 36 and insert— |
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| | ‘(a) | the effectiveness of services, |
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| | (b) | the safety of services, |
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| | (c) | that services are patient-centred, |
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| | (d) | the timeliness of services, |
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| | (e) | the efficiency of services, and |
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| | (f) | the equity of services.’. |
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| Clause 2, page 2, line 38, leave out ‘have regard to’ and insert ‘seek to deliver’. |
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| Clause 2, page 2, line 39, at end insert— |
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| | ‘(5) | In discharging the duty under subsection (1), the Secretary of State must ensure |
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| | the people in a local area are consulted before significant changes to their health |
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| Clause 5, page 3, line 22, leave out ‘Commissioning’. |
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| Clause 5, page 3, line 25, leave out ‘Commissioning’. |
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| Clause 5, page 3, line 36, at end add— |
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| | ‘(c) | must lead in the reconfiguration of services for the areas over which it has |
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| | commissioning responsibility, and |
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| | (d) | have regard to the principles and values of the NHS Constitution.’. |
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| Schedule 1, page 221, line 7, leave out ‘not’. |
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| Schedule 1, page 221, line 7, leave out from‘Crown’ to end of line 8. |
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| Schedule 1, page 221, line 9, leave out from‘property’ to end of line. |
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| Schedule 1, page 221, line 13, leave out ‘Secretary of State’ and insert |
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| ‘Appointments Commission’. |
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| Schedule 1, page 221, line 14, at end insert— |
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| | ‘(c) | at least one other member appointed by the Local Government |
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| Schedule 1, page 221, line 16, at end insert ‘including— |
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| | (i) | at least two people who are qualified medical practitioners, and |
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| | (ii) | at least two people appointed by HealthWatch England to |
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| | represent patient involvement.’. |
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