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back to previous amendments
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| 146 | Page 26, line 14, leave out subsections (1) to (3) and insert— |
| "(1) | The Secretary of State may by order provide for the abolition of Community Health Councils established for districts in England under section 20 of the 1977 Act and for the abolition of the Association of Community Health Councils for England and Wales ("ACHCEW") established under paragraph 5 of Schedule 7 to the 1977 Act. |
| (2) | Before making such an order, the Secretary of State shall consult with those bodies in subsection (3), and must be satisfied that there are in place replacement bodies able to meet the needs of patients and communities nationally and in all localities in England. |
| (3) | The bodies referred to in subsection (2) are— |
| (a) | overview and scrutiny committees or joint overview and scrutiny committees provided for in sections 7, 8 and 10 of the Health and Social Care Act 2001 (c. 15), |
| (b) | Strategic Health Authorities, |
| (e) | Community Health Councils, |
| (f) | The Commission for Patient and Public Involvement in Health, |
| (g) | The Association of Community Health Councils for England and Wales, and |
| | such other bodies as the Secretary of State shall deem appropriate." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 147 | Page 26, line 42, at end insert— |
| "( ) | This section may not be brought into force until the Secretary of State has issued a certificate stating that in his opinion the bodies established under section 15 are fully functional and performing their duties effectively throughout England." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill. |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD |
| 148 | Insert following new Clause— |
| | "Referral of consultation arrangements and disputed decisions |
| (1) | In section 11(2) of the Health and Social Care Act 2001 (c. 15) (public involvement and consultation) for paragraph (a) there is substituted— |
| "(a) | the Secretary of State, |
| (2) | Before an establishment order for a Strategic Health Authority, an NHS trust, a Primary Care Trust or a Care Trust is made, varied or revoked, the Secretary of State shall consult those bodies in subsection (5) whose districts are wholly or partly within the area of operation of the relevant authority or trust. |
| (3) | Any Strategic Health Authority considering whether to exercise its powers under section 17A of the 1977 Act shall first consult the bodies provided for in subsection (5) whose districts are wholly or partly within the area of operation of the relevant Primary Care Trust. |
| (4) | The Secretary of State shall by regulations make provision— |
| (a) | concerning the application of section 11 of the Health and Social Care Act 2001 such that if in the view of any of the bodies in subsection (5) consultation arrangements are inadequate, the body in question shall refer the matter to him; |
| (b) | for the referral to Strategic Health Authorities of disputed decisions concerning the planning or operation of health services by bodies detailed in subsection (5); |
| (c) | for circumstances in which bodies detailed in subsection (5) shall refer decisions concerning the planning or operation of the health service to him including the circumstances in which referrals shall be made directly to him by Patients' Forums and Patients' Councils on the failure of overview and scrutiny committees to respond to a referral made to them under section 18(2)(m). |
| (d) | placing a duty on the Secretary of State and those bodies receiving referrals to respond to them within a specified time limit and giving reasons for any decision taken in relation to the subject matter of the referral. |
| (5) | Those bodies referred to in subsections (2) to (4) are— |
| (a) | overview and scrutiny committees or joint overview and scrutiny committees provided for in sections 7, 8 and 10 of the Health and Social Care Act 2001, |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD |
| 149* | Insert the following new Clause— |
| | "Duty of overview and scrutiny committees |
| | In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), for subsection (2)(f) there is substituted— |
| "( ) | Executive arrangements of a local authority must ensure that the overview and scrutiny committees of an authority to which sections 7 (functions of overview and scrutiny committees), 8 (joint overview and scrutiny committees etc) and 10 (application to the City of London) of the Health and Social Care Act 2001 (c. 15) apply 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 |
| 150 | Insert the following new Clause— |
| | The Secretary of State shall by regulations determine that responsibility for health services in prisons shall be assumed by the National Health Service, and the Prison Act 1952 (c. 52) and the Prison Rules 1999 (S.I. 1999/728) shall be amended accordingly." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 151 | Page 27, line 10, leave out subsection (1) and insert— |
| "(1) | NHS bodies and the prison service shall co-operate with each other with a view to NHS bodies exercising prescribed health-related functions of the prison service." |
| 152 | Page 27, line 18, leave out paragraph (a) |
| 153 | Page 27, leave out lines 20 to 22 |
| 154 | Page 27, line 24, leave out paragraph (a) |
| 155 | Page 27, line 36, leave out paragraph (c) |
| 156 | Page 27, line 41, leave out "(a)," |
| 157 | Page 27, line 41, leave out "or (c)" |
| 158 | Page 27, line 45, leave out paragraph (f) |
| | THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES |
| 159* | Insert the following new Clause— |
| (a) | each local authority in England and Wales; and |
| (b) | each Primary Care Trust in England and local health board in Wales, |
| | jointly to establish and support a Low Vision Committee for the area for which the Primary Care Trust or local health board 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 appropriate authority 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" mean 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 approporiate authority" means— |
| (a) | the Secretary of State in relation to England, and |
| (b) | the National Assembly for Wales in relation to Wales." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 160 | Page 29, line 27, leave out from beginning to end of line 30 |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 161 | 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". |
| 162 | Page 89, line 4, leave out "fewer" and insert "more" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 163 | Page 89, line 23, at end insert— |
| | "( ) The power to make regulations in this paragraph shall be exercisable by statutory instrument, a draft of which shall be laid before and approved by a resolution of both Houses of Parliament." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 164 | Page 90, line 8, leave out paragraph (a) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 165* | Page 30, line 26, leave out paragraph (c) |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 166 | Page 31, line 20, after "must" insert "consult with the profession and" |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 167* | Page 31, line 21, leave out subsection (9) |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 168 | Page 31, leave out lines 29 to 31 |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 169* | Page 31, line 32, leave out subsection (10) |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 170 | Page 31, line 41, leave out from second "profession" to "which" in line 42 |
| 171 | Page 31, line 42, leave out "(wholly or partly)" |
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