House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

51

House of Commons

Thursday 14 July 2011

Public Bill Committee Proceedings

Health and Social Care (Re-committed) Bill

[ELEVENTH AND TWELFTH SITTINGS]

Mr Simon Burns

Agreed to  192

Clause  149,  page  138,  line  3,  at end insert—

‘( )
After paragraph 18D of that Schedule insert—

“18E (1)
The constitution must provide for meetings of the board of directors to

be open to members of the public.

      (2)
But the constitution may provide for members of the public to be

excluded from a meeting for special reasons.”’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  193

Clause  156,  page  141,  line  34,  at end insert—

‘( )
After section 35(3) of that Act (things the regulator must consider before deciding

whether it is satisfied as to the matters in subsection (2)) insert—

“(3A)
The regulator must not give an authorisation unless it is notified by the

Care Quality Commission that it is satisfied that the applicant is

complying with (so far as applicable) the requirements mentioned in

section 12(2) of the Health and Social Care Act 2008 in relation to the

regulated activity or activities the applicant carries on.

(3B)
In subsection (3A), “regulated activity” has the same meaning as in

section 8 of the Health and Social Care Act 2008.”’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 14 July 2011
52

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

Agreed to  194

Clause  165,  page  147,  line  29,  after ‘applicant’, insert ‘(that is an NHS foundation

trust)’.

Mr Simon Burns

Agreed to  195

Clause  165,  page  147,  line  31,  leave out paragraph (a).

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  196

Clause  166,  page  148,  line  12,  after ‘applicant’, insert ‘(that is an NHS foundation

trust)’.

Mr Simon Burns

Agreed to  197

Clause  166,  page  148,  line  13,  after ‘must’, insert ‘—

(a)
be supported by the Secretary of State if B is an NHS trust, and

(b)
’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  198

Clause  176,  page  155,  line  10,  leave out subsections (3) and (4).

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  49

Page  155,  line  6,  leave out Clause 176.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  199

Clause  178,  page  157,  line  36,  at end insert ‘; and the Commission must inform the

committee in writing of its response or proposed response to the advice.’.

Mr Simon Burns

Agreed to  200

Clause  178,  page  158,  line  31,  after ‘discharge’, insert ‘,

Public Bill Committee Proceedings: 14 July 2011
53

Health and Social Care (Re-committed) Bill, continued


and that the failure is significant’.

Mr Simon Burns

Agreed to  201

Clause  178,  page  158,  line  34,  at end insert—

‘( )
In subsection (2A) of that section (inserted by section [Failure to discharge

functions]), after “(1)” insert “or (1A)”.’.

Mr Simon Burns

Agreed to  202

Clause  178,  page  158,  line  37,  at end insert—

‘( )
In subsection (4) of that section (inserted by section [Failure to discharge

functions]), after “(1)” insert “, (1A)”.’.

Mr Simon Burns

Agreed to  203

Clause  178,  page  158,  line  37,  at end insert—

‘( )
For the title to that section substitute “Failure by the Commission or Healthwatch

England in discharge of functions”.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  205

Clause  179,  page  160,  line  5,  at end insert—

‘( )
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector

equality duty), after the entry for the Health Service Commissioner for England

insert—


“A Local Healthwatch organisation.”’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  231

Schedule  15,  page  363,  line  10,  at end insert—

  ‘(3)
The regulations must make provision requiring a person who has

power to appoint a member of an LHW to act with a view to

securing that the members of the LHW (taken together) are

representative of—

(a)
people who live in the LHW’s area,

(b)
people to whom care services are being or may be provided

in that area, and

(c)
people from that area to whom care services are being

provided in any place.

Public Bill Committee Proceedings: 14 July 2011
54

Health and Social Care (Re-committed) Bill, continued

      (4)
In sub-paragraph (3), “care services” has the meaning given in

section 221.’.

Mr Simon Burns

Agreed to  232

Schedule  15,  page  364,  line  2,  at end insert—

  ‘(5)
In making arrangements under this paragraph, an LHW must act

with a view to securing that, so far as appropriate, the persons with

whom it makes the arrangements (taken together) are representative

of—

(a)
people who live in the LHW’s area,

(b)
people to whom care services are being or may be provided

in that area, and

(c)
people from that area to whom care services are being

provided in any place.

      (6)
In sub-paragraph (5), “care services” has the meaning given in

section 221.’.

Mr Simon Burns

Agreed to  204

Schedule  15,  page  364,  line  17,  at end insert—

    ‘()
A direction under sub-paragraph (4) may be varied or revoked by a

subsequent direction.’.

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  230

Clause  180,  page  160,  line  26,  at end insert—

‘( )
After that subsection insert—

“(3A)
A person to whom views are made known or reports or recommendations

are made under subsection (2)(d) must, in exercising any function

relating to care services, have regard to the views, reports or

recommendations.”’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  206

Clause  189,  page  170,  line  23,  after ‘(8)’, insert ‘—

‘(a)
’.

Public Bill Committee Proceedings: 14 July 2011
55

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

Agreed to  207

Clause  189,  page  170,  line  24,  at end insert ‘, and

(b)
after paragraph (b) (but before the “and” immediately following it)

insert—

“(ba)
involve the Local Healthwatch Organisation for the area

of the responsible local authority;

(bb)
involve the people who live or work in that area;”, and

(c)
in paragraph (c) for “consult” substitute “involve”.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  208

Clause  190,  page  171,  line  18,  after ‘to’, insert ‘—

(a)
’.

Mr Simon Burns

Agreed to  209

Clause  190,  page  171,  line  19,  at end insert ‘, and

(b)
any guidance issued by the Secretary of State.’.

Mr Simon Burns

Agreed to  210

Clause  190,  page  171,  line  19,  at end insert—

‘( )
In preparing a strategy under this section, the responsible local authority and each

of its partner commissioning consortia must—

(a)
involve the Local Healthwatch Organisation for the area of the

responsible local authority, and

(b)
involve the people who live or work in that area.’.

Mr Simon Burns

Agreed to  211

Clause  190,  page  171,  line  36,  leave out ‘relevant’.

Mr Simon Burns

Agreed to  212

Clause  190,  page  171,  line  37,  leave out ‘the most recent’ and insert ‘any’.

Mr Simon Burns

Agreed to  213

Clause  190,  page  171,  line  39,  after ‘section 116’, insert ‘which is relevant to the

exercise of the functions’.

Mr Simon Burns

Agreed to  214

Clause  190,  page  171,  line  40,  leave out ‘the most recent’ and insert ‘any’.

Public Bill Committee Proceedings: 14 July 2011
56

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

Agreed to  215

Clause  190,  page  171,  line  41,  after ‘section 116A’, insert ‘which is so relevant’.

Mr Simon Burns

Agreed to  216

Clause  190,  page  171,  leave out lines 42 to 45.

Mr Simon Burns

Agreed to  217

Clause  190,  page  172,  line  3,  leave out from second ‘to’ to end of line 4 and insert

‘—

(a)
any assessment of relevant needs prepared by the responsible local

authority and each of its partner commissioning consortia under section

116 which is relevant to the exercise of the functions, and

(b)
any joint health and wellbeing strategy prepared by them under section

116A which is so relevant.’.

Clause, as amended, Agreed to.

Clauses 191 to 193 Agreed to.

Mr Simon Burns

Agreed to  218

Clause  242,  page  216,  line  37,  after ‘that’, insert ‘—

( )
’.

Mr Simon Burns

Agreed to  219

Clause  242,  page  216,  line  39,  at end insert ‘, and

( )
the failure is significant.’.

Mr Simon Burns

Agreed to  220

Clause  242,  page  217,  line  8,  at end insert—

‘( )
Where the Secretary of State exercises a power under subsection (1) or (3), the

Secretary of State must publish reasons for doing so.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  221

Clause  265,  page  228,  line  25,  after ‘that’, insert ‘—

( )
’.

Public Bill Committee Proceedings: 14 July 2011
57

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

Agreed to  222

Clause  265,  page  228,  line  27,  at end insert ‘, and

( )
the failure is significant.’.

Mr Simon Burns

Agreed to  223

Clause  265,  page  228,  line  35,  at end insert—

‘( )
Where the Secretary of State exercises a power under subsection (1) or (3), the

Secretary of State must publish reasons for doing so.’.

Clause, as amended, Agreed to.

Clause 285 Agreed to.

Clause 286 Agreed to on division.

Mr Simon Burns

Agreed to  224

Clause  295,  page  245,  line  45,  leave out paragraph (j).

Mr Simon Burns

Agreed to  225

Clause  295,  page  246,  line  16,  after ‘and’, insert ‘(subject to section 63(3))’.

Clause, as amended, Agreed to.

Liz Kendall

Emily Thornberry

Owen Smith

Debbie Abrahams

Not called  50

Clause  297,  page  247,  line  17,  at end insert—

‘(1A)
Section 28 comes into force in accordance with sections 28(3) and (4).’.

Mr Simon Burns

Agreed to  226

Clause  297,  page  247,  line  18,  leave out subsection (2).

Clause, as amended, and Clause 298 agreed to.



© Parliamentary copyright	Revised 15 July 2011