|
|
| |
| |
|
| |
| |
| Health and Social Care Bill
|
|
| [twenty first and twenty second sittings]
|
|
| |
| |
| |
| | Negatived on division 474 |
|
| Clause 69, page 73, line 21, leave out from first ‘the’ to end of line 21 and insert |
|
| ‘non-designation of the service for the purposes of this Part. |
|
| | (1A) | In the absence of an application under subsection (1) it is assumed that all health |
|
| | services are designated.’. |
|
| |
| |
| |
| | |
| Clause 69, page 73, leave out line 23. |
|
| |
| |
| |
| | |
| Clause 69, page 73, line 24, after second ‘is,’ insert ‘not’. |
|
| |
| |
| |
| | Negatived on division 477 |
|
| Clause 69, page 73, line 31, at end insert— |
|
| | ‘(c) | increase or fail to decrease inequalities between the people of England |
|
| | |
| | |
| | |
| | (iii) | access to health services.’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 69, page 73, line 39, at end insert— |
|
| | ‘(ba) | the potential impact on other services in the organisation or region’. |
|
| |
| | |
| Clause 69, page 74, line 1, leave out ‘must grant an application under this section’ |
|
| and insert ‘may grant an application under this section only’. |
|
| |
| | |
| Clause 69, page 74, line 6, leave out from beginning to ‘to’ in line 7 and insert |
|
| ‘Monitor must give notice of its decision on an application under this section’. |
|
| |
| | |
| Clause 69, page 74, line 10, at beginning insert ‘Where Monitor grants the |
|
| |
| |
| | |
| Clause 69, page 74, line 11, leave out ‘right of appeal conferred by section 70’ and |
|
| insert ‘rights conferred by section (Complaint about grant of application for |
|
| |
| |
| | |
| Clause 69, page 74, line 11, at end insert— |
|
| | ‘( ) | Where Monitor refuses the application, a notice under subsection (7) given to the |
|
| | commissioner or the provider of the service must— |
|
| | (a) | give the reasons for the refusal, and |
|
| | (b) | explain the rights conferred by section (Complaint about refusal of |
|
| | application for designation).’. |
|
| | Clause, as amended, Agreed to on division. |
|
| |
| |
| | |
| Page 74, line 42, leave out Clause 70. |
|
| | |
| |
|
|
| |
| |
|
| |
| | Agreed to on division 510 |
|
| Clause 71, page 75, line 10, leave out ‘the relevant’ and insert ‘each review’. |
|
| |
| | |
| Clause 71, page 75, line 14, leave out subsection (2) and insert— |
|
| | ‘(2) | The first review period is a period which is of such duration as Monitor may by |
|
| | direction specify but which— |
|
| | (a) | must not begin before the expiry of the period of one year after the date |
|
| | of the notice under section 69(7), and |
|
| | (b) | must end before the expiry of the period of ten years after that date. |
|
| | (2A) | Each subsequent review period is a period which is of such duration as Monitor |
|
| | may by direction specify but which— |
|
| | (a) | must not begin before the expiry of the period of one year after the date |
|
| | on which the previous review under subsection (1) was completed, and |
|
| | (b) | must end before the expiry of the period of ten years after that date. |
|
| | (2B) | For the purposes of subsections (2) and (2A), Monitor may specify— |
|
| | (a) | the same period in respect of all designated services, or |
|
| | (b) | different periods in respect of different designated services or designated |
|
| | services of different descriptions.’. |
|
| |
| | |
| Clause 71, page 75, line 35, leave out ‘must grant an application under subsection |
|
| (3)’ and insert ‘may grant an application under subsection (3) only’. |
|
| |
| | |
| Clause 71, page 75, line 40, leave out from beginning to ‘to’ in line 41 and insert |
|
| ‘Monitor must give notice of its decision on an application under subsection (3)’. |
|
| |
| | |
| Clause 71, page 75, line 43, at end insert— |
|
| | ‘( ) | Where Monitor grants the application, a notice under subsection (7) given to a |
|
| | provider of a service for the purposes of the NHS must explain the rights |
|
| | conferred by section (Complaint about grant of application for removal of |
|
| | |
| | ( ) | Where Monitor refuses the application, the notice under subsection (7) given to |
|
| | |
| | (a) | give the reasons for the refusal, and |
|
| | (b) | explain the rights conferred by section (Complaint about refusal of |
|
| | application for removal of designation).’. |
|
| |
| | |
| Clause 71, page 76, line 1, leave out subsections (8) to (10). |
|
| | Clause, as amended, Agreed to on division. |
|
|
|
| |
| |
|
| | Clauses 72 to 76 Agreed to. |
|
| |
| |
| | |
| Clause 77, page 79, line 24, at end insert ‘; |
|
| | ( ) | where the Secretary of State is proposing to give a direction under |
|
| | subsection (3)(b) or (c), give notice of the proposal to the person from |
|
| | whom the Secretary of State proposes to withdraw the exemption.’. |
|
| |
| | |
| Clause 77, page 79, line 30, at end insert— |
|
| | ‘( ) | The period so specified must be not less than 28 days beginning with the |
|
| | day after that on which the notice is received or (as the case may be) |
|
| | |
| | Clause, as amended, Agreed to. |
|
| | Clauses 78 to 81 Agreed to. |
|
| |
| |
| |
| |
| | |
| Clause 82, page 80, line 32, at end insert— |
|
| | ‘(2) | If a provider of health services for the purposes of the NHS is referred by the |
|
| | National Health Service Commissioning Board with respect to subsection (1D) |
|
| | of section 13J of the National Health Service Act 2006, Monitor shall investigate |
|
| | with respect to the provider’s licence.’. |
|
| | |
| | |
| |
| |
| | |
| Clause 84, page 81, line 16, leave out ‘of 28 days mentioned in’ and insert ‘for |
|
| bringing an appeal under’. |
|
| |
| | |
| Clause 84, page 81, line 18, leave out from ‘after’ to the end and insert ‘that |
|
| |
|
|
| |
| |
|
| | Clause, as amended, Agreed to. |
|
| | Clauses 85 to 88 Agreed to. |
|
| |
| |
| | |
| Clause 89, page 84, line 5, leave out ‘or accountability’. |
|
| |
| | |
| Clause 89, page 84, line 13, at end insert— |
|
| | ‘( ) | Monitor must not exercise a function to which this section applies in a way which |
|
| | it considers would result in a particular licence holder or holders of licences of a |
|
| | particular description being put at an unfair advantage or disadvantage in |
|
| | competing with others in the provision of health care services for the purposes of |
|
| | |
| | (a) | being in public or (as the case may be) private ownership, or |
|
| | (b) | some other aspect of its or their status.’. |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | Agreed to on division 451 |
|
| Clause 90, page 84, line 23, leave out from ‘things’ to second ‘in’ in line 24 and |
|
| insert ‘or things of a specified description (or to do, or not to do, any such things in a |
|
| specified manner) within such period as may be specified’. |
|
| |
| |
| |
| | |
| Clause 90, page 84, line 26, at end insert— |
|
| | ‘(ca) | requiring the licence holder to do, or not to do, specified things (or to do, |
|
| | or not to do, specified things in a specified manner) in order to promote |
|
| | cooperation in the provision of health care services for the purposes of |
|
| | |
| |
| | |
| Clause 90, page 84, line 42, at end insert— |
|
| | ‘( ) | to do, or not to do, specified things or things of a specified |
|
| | description (or to do, or not to do, any such things in a specified |
|
| | manner) within such period as may be specified in order to |
|
| | ensure the continued provision of designated services,’. |
|
|
|
| |
| |
|
| |
| | |
| Clause 90, page 84, line 47, at end insert— |
|
| | ‘(ia) | requiring the licence holder, with respect to Monitor’s duty under section |
|
| | |
| | (i) | to make such provision as Monitor deems necessary for staff |
|
| | |
| | (ii) | to allow the easy transfer of staff between the licence holder and |
|
| | other licence holders for the purposes of staff training.’. |
|
| |
| | |
| Clause 90, page 85, line 23, at end insert— |
|
| | ‘( ) | The references in subsections (1)(d) and (6) to the activities of a business include |
|
| | a reference to the activities of an NHS foundation trust in so far as its activities |
|
| | would not otherwise be the activities of a business.’. |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 91, page 86, line 31, leave out ‘licences’ and insert ‘all licences or (as the |
|
| case may be) licences of that description’. |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 92, page 87, line 37, after ‘applicant’ insert ‘or licence holder concerned’. |
|
| |
| | |
| Clause 92, page 87, line 41, after ‘applicant’ insert ‘or licence holder concerned’. |
|
| |
| | |
| Clause 92, page 87, line 44, after ‘applicant’ insert ‘or licence holder concerned’. |
|
| |
| | |
| Clause 92, page 88, line 5, at end insert— |
|
| | ‘( ) | Where the standard conditions applicable to all licences or (as the case may be) |
|
| | to licences of a particular description are modified pursuant to a reference made |
|
| | under subsection (4), Monitor— |
|
| | (a) | may also make such incidental or consequential modifications as it |
|
| | considers necessary or expedient of any other conditions of a licence |
|
| | which is affected by the modifications, |
|
|
|
| |
| |
|
| | (b) | must make (as nearly as may be) the same modifications of those |
|
| | conditions for the purposes of their inclusion in all licences or (as the case |
|
| | may be) licences of that description granted after that time, and |
|
| | (c) | must publish any modifications made under this subsection.’. |
|
| |
| | |
| Clause 92, page 88, line 6, leave out subsection (7). |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Schedule 8, page 285, line 33, leave out paragraph (b). |
|
| |
| | |
| Schedule 8, page 286, line 20, after ‘day’ insert ‘after that’. |
|
| |
| | |
| Schedule 8, page 288, line 19, leave out ‘and (6)’ and insert ‘, (6) and (8) to (11)’. |
|
| |
| | |
| Schedule 8, page 288, line 34, after ‘(7)’ insert ‘to (11)’. |
|
| |
| | |
| Schedule 8, page 288, line 35, leave out ‘7’ and insert ‘8’. |
|
| |
| | |
| Schedule 8, page 289, line 44, leave out ‘offences and’. |
|
| | Schedule, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 93, page 89, line 6, leave out ‘licences’ and insert ‘all licences or (as the |
|
| case may be) licences of that description’. |
|
| | Clause, as amended, Agreed to. |
|
|