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| | Thursday 17 February 2011 |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | Health and Social Care Bill
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| | | The Amendments have been arranged in accordance with the Order of the |
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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 2, 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 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 5, leave out ‘between the people of England’. |
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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 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, 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 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, 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, leave out line 18. |
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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 4, page 3, line 18, at end add— |
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| | | ‘(1A) | 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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| | | (1B) | 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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| | | (1C) | 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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| | 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 5, leave out ‘Commissioning’. |
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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 ‘is’ 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 13, at end insert— |
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| | | ‘(b) | at least one NHS workforce representative, drawn from the Staff Side |
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| | | representatives on the NHS Staff Council and approved by a majority |
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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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| | 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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| | Schedule 1, page 221, line 16, at end insert— |
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| | | ‘(1A) | The appointments in sub-paragraph (1) shall be subject to the affirmation of the |
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| | | House of Commons Health Committee.’. |
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| | Schedule 1, page 221, line 24, at end insert— |
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| | | ‘(4) | At least one of the non-executive members must have expertise or experience in |
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| | | relation to the commissioning of research in the health service.’. |
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| | Schedule 1, page 221, line 27, at end insert ‘with the affirmation of the House of |
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| | Commons Health Committee.’. |
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| | Schedule 1, page 221, leave out lines 28 and 29. |
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| | Schedule 1, page 221, line 29, after ‘State’, insert ‘and Parliament’. |
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| | Schedule 1, page 221, line 33, at end insert ‘with the affirmation of the House of |
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| | Commons Health Committee.’. |
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| | Schedule 1, page 222, line 11, at end insert— |
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| | | ‘(3A) | Any person removed under the terms of sub-paragraph 4(3) has the right of appeal |
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| | | to the Tier 1 Tribunal.’. |
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| | Schedule 1, page 222, line 15, at end insert ‘with the agreement of the Board |
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| | Schedule 1, page 222, leave out lines 16 and 17 and insert— |
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| | | ‘(5) | A person shall be appointed as a non-executive member for a period of 4 years.’. |
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| | Schedule 1, page 223, leave out lines 27 to 31. |
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| | Schedule 1, page 223, line 31, at end insert— |
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| | | ‘(4) | The remuneration, payments and compensations in sub-paragraphs (1), (2) and |
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| | | (3) shall be subject to scrutiny by Parliament, by whatever method it may |
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| | Schedule 1, page 223, line 34, at end insert ‘except that the total number of |
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| | employees shall not exceed 10,000.’. |
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| | Schedule 1, page 224, line 2, at end insert— |
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| | | ‘(5) | Where staff are transferred to the Board, they will retain their remuneration, |
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