National Health Service Reform and Health Care Professions Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| Insert the following new clause— |
| | "Duty of Primary Care Trusts regarding teaching and research |
| | Primary Care Trusts shall have a duty to foster and safeguard teaching and research." |
| Page 5, line 1, leave out "may" and insert "shall" |
| Page 5, line 14, at end insert— |
| "( ) | In subsection (A1), after "A Health Authority," for "may" there is substituted "shall"" |
| Page 5, line 16, leave out "may" and insert "shall" |
| Page 5, line 29, at end insert— |
| "( ) | In subsection (B1) after "A Health Authority" for "may" there is substituted "shall"" |
| Page 5, line 38, leave out "may" and insert "shall" |
| | THE LORD HUNT OF KINGS HEATH |
| Page 6, line 7, after "services" insert "in the area of the Primary Care Trust" |
| Page 6, line 22, at end insert— |
| "(c) | Strategic Health Authorities, in the exercise of such of their functions which are not delegated to Primary Care Trusts, to consult committees recognised under section 44(ZA1)(a), (b) and (c) or (A2)(a), (b) and (c) above by Primary Care Trusts for the area or areas where the services described in section 44(ZA1)(a), (b) and (c) or (A2)(a), (b) and (c) are provided (or to be provided) under the arrangements," |
| Page 28, line 46, at end insert— |
| "( ) | the imposition of a duty on the responsible bodies to include steps to improve the eye health of, and the provision of eye care to, the public in the area." |
| Page 29, line 12, insert the following new clause— |
| | In section 28 of the Health and Social Care Act 2001, after subsection (2) there is inserted— |
| "( ) | Any plan prepared under this section must include a strategy for improving the eye health of the people for which the Authority is responsible and improving the provision of eye care services to such people." |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| Page 17, line 31, at end insert "including the provision of accessible information for patients, and monitoring the provisions of health and safety legislation and infection control measures" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| Insert the following new Clause— |
| | "Community Health Councils: scheme for reform |
| (1) | The Secretary of State shall lay before Parliament within twelve months of the date of coming into force of this section regulations setting out a scheme for the reform of the community health councils in England. |
| (2) | Before laying regulations under subsection (1) the Secretary of State shall consult the Association of Community Health Councils for England and Wales and such other bodies representing the interests of patients as he considers appropriate. |
| (3) | The scheme set out by the Secretary of State in regulations under subsection (1) above shall extend to all parts of the health service (including the provision of Part 2 services under the 1977 Act). |
| (4) | The Secretary of State may make regulations providing for access by members of a community health council to premises from which services under Part 2 of the 1977 Act are provided. |
| (5) | The scheme set out by the Secretary of State in regulations under subsection (1) shall provide for the proper representation of the population in the area served by a community health council on that council. |
| (6) | Regulations under subsection (1) may not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| Insert the following new Clause— |
| | "Duty on overview and scrutiny committees to scrutinise |
| | In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) for subsection (2)(f) there is inserted— |
| "(2A) | Executive arrangements of a local authority must ensure that the overview and scrutiny committees of an authority to which sections 7, 8 and 10 of the Health and Social Care Act 2001 (c. 15) applies have a duty to review and scrutinise in accordance with regulations under those sections matters relating to the health service (within the meaning of those sections) in the authority's area and to make reports and recommendations on such matters in accordance with the regulations."" |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD |
| Page 23, line 16, after "premises" insert "and" |
| Page 23, line 17, leave out "and staff" |
| Page 23, line 26, after "by" insert "a Patients' Council," |
| Page 23, line 38, after "by" insert "Patients' Councils," |
| Page 24, line 11, after "Forum" insert "a Patients' Council," |
| Page 24, line 15, after "15" insert "and a Patients' Council established under section (Establishment of Patients' Councils) |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD |
| Page 24, line 34, after "Forums" insert "and Patients' Councils" |
| Page 24, leave out lines 43 to 48 and insert— |
| (g) | co-ordinate and support the activities of Patients' Councils in respect of their activities provided for in section (establishment of Patients' Councils) (3)(c)" |
| Page 25, line 6, at end insert "and to co-ordinate and support the activities of Patients' Councils in respect of the activities provided for in subsection (4)(d) of section (Establishment of Patients' Councils)". |
| Page 25, line 27, at end insert— |
| "( ) | the Commission will provide to Patients' Councils services, including staff and other facilities, to support those bodies in the exercise of their functions." |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD |
| Page 86, leave out lines 33 to 35 |
| Insert the following new Clause— |
| (a) | each local authority in England; and |
| (b) | each Primary Care Trust in England, |
| | jointly to establish and support a Low Vision Committee for the area for which the Primary Care Trust is established for the purpose of co-ordinating multi-disciplinary low vision services for persons with low vision. |
| (2) | Every Low Vision Committee shall— |
| (a) | identify and log local providers of low vision services and gaps in local provision; |
| (b) | determine ways in which services can be developed to meet local needs; |
| (c) | advise commissioning authorities on priorities and the budgetary implications involved; |
| (d) | develop a user-involvement strategy; |
| (e) | ensure that in hospital eye departments an individual is identified as a point of contact for people who are diagnosed as having a visual impairment; |
| (f) | establish mechanisms for inter-agency referral and information exchange between different service providers to ensure a seamless service; |
| (g) | ensure that services are audited appropriately; |
| (h) | ensure that information about the services is promoted to the community; and |
| (i) | consider provision of low vision services for children, older people, people with learning difficulties, people from ethnic groups and people with multiple impairments such as deafblindness. |
| (3) | The Secretary of State may by regulations make further provision in relation to Low Vision Committees. |
| (4) | The regulations may in particular make provision as to— |
| (a) | the appointment of members; |
| (b) | the funding of Low Vision Committees; |
| (c) | the payment of travelling and other allowances to members of a Low Vision Committee; and |
| (d) | other functions of Low Vision Committees. |
| (5) | The regulations must secure that the members of the Low Vision Committee include— |
| (a) | persons with low vision including people from ethnic groups and deafblind people; |
| (b) | representatives of voluntary organisations for people with a visual or dual sensory impairment; |
| (c) | current hospital and community-based providers of low vision services; |
| (d) | the social services teams responsible for sensory impairment; |
| (e) | general practitioners; |
| (f) | a member of the local optical committee; and |
| (g) | specialist sector workers in the fields of education, employment, care of older people, hearing impairment, learning difficulties and multiple disabilities including deafblindness. |
| | "low vision services" relate to rehabilitative or habilitative processes which provide a range of services for persons with low vision to enable them to make use of their eyesight to achieve maximum potential and include assessing the person's visual function and providing aids and training, addressing psychological and emotional needs, facilitating modification to the home, school and work environments, |
| | "persons with low vision" and "persons with a visual impairment" means those persons who have an impairment of visual function for whom full remediation is not possible by conventional spectacles, contact lenses or medical intervention and which causes restriction in those persons' everyday life, |
| | "deafblindness" and "dual sensory impairment" mean a combined sight and hearing impairment which causes difficulties with communication, access to information and mobility."" |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| Page 88, line 34, leave out "regulatory body" and insert "of the regulatory bodies referred to in section 23(3)(a) to (h)(i), and three members appointed by the regulatory body referred to in section 23(h)(ii) or the successor regulatory body (within the meaning of Schedule 3 to the Health Act 1999 (c. 8)) to the Council for Professions Supplementary to Medicine (the Health Professions Council) established by order in Council under section 60 of that Act". |
| | THE LORD HUNT OF KINGS HEATH |
| Page 32, line 2, leave out "direct" and insert "give directions requiring" |
| Page 32, line 5, leave out "so direct" and insert "give such directions" |
| Page 32, line 7, at end insert— |
| "(3A) | The Council must send a copy of any such directions to the relevant authority. |
| (3B) | The relevant authority is the Secretary of State or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there. |
| (3C) | The directions do not come into force until the date specified in an order made by the relevant authority. |
| (3D) | The Secretary of State must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order— |
| (a) | setting out any directions he or it receives pursuant to subsection (3A), and |
| (b) | specifying the date on which the directions are to come into force. |
| (3E) | Subsections (3A) to (3D) apply also to— |
| (a) | directions varying earlier directions, and |
| (b) | directions revoking earlier directions, and given after— |
| (i) | both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be) |
| (ii) | the Northern Ireland Assembly has done so. |
| (3F) | Subsections (3A) and (3B) apply also to directions— |
| (a) | revoking earlier directions, but |
| (b) | which do not fall within subsection (3E)(b), |
| | but subsections (3C) and (3D) do not apply to such directions. |
| (3G) | If the Council gives directions which fall within subsection (3F), the earlier directions which those directions revoke shall be treated as if subsections (3C) and (3D) had never applied to them, and as never in force." |
| Page 32, line 8, at end insert "which have come into force and have not been revoked" |
| Page 32, line 14, leave out "directions given" and insert "the giving of directions" |
| Page 32, line 16, leave out "it directions" and insert "directions relating to it" |
| | THE LORD HUNT OF KINGS HEATH |
| Page 43, line 28, at end insert "or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 36, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))" |
| Page 43, line 31, after "section" insert "36," |
| Page 43, line 34, after "34" insert ", or an order of the Secretary of State under section 36," |
| Page 43, line 35, at end insert— |
| "( ) | No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 36 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly." |
| Page 44, line 15, at end insert— |
| "(6A) | Subsections (4) to (6) do not apply to orders under section 36." |
| Page 44, line 16, at beginning insert "Subject to subsection (6A)," |
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