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back to previous amendments
| | THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM |
| 90 | Page 15, line 40, leave out from beginning to end of line 5 on page 16 |
| 91 | Page 16, line 33, leave out "in such a manner as it thinks appropriate" and insert "equitably" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 92 | Insert the following new Clause— |
| (1) | If in any year the Department of Health has directors of health and social care who have regional responsibilities or if it has regional offices, regional directors or any other regional structure, the Secretary of State shall lay before both Houses of Parliament each year a report containing the matters set out in subsection (2). |
| (2) | The report shall contain— |
| (a) | the names and qualifications of the relevant directors; |
| (b) | the geographic regions covered by the relevant directors; |
| (c) | a description of the functions, responsibilities and accountabilities of the relevant directors; |
| (d) | the number of staff reporting to the relevant directors and details of the functions of those staff; |
| (e) | details of the premises occupied by the relevant directors and their staff; |
| (f) | the total cost of the work of the relevant directors and their staff; |
| (g) | a description of the relationship between the relevant directors and the National Health Service trusts, Primary Care Trusts and Strategic Health Authorities within their regions; |
| (h) | a description of the relationship between the relevant directors and the Secretary of State; |
| (i) | a description of the targets or objectives which have been set for the relevant directors and their staff for the year which is covered by the report; |
| (j) | a description of the manner in which the relevant directors and their staff have conducted their functions during the year, including whether they have met the targets and objectives set for them; and |
| (k) | a description of the targets or objectives which have been set for the relevant directors and their staff for the following year. |
| (3) | In this section "relevant director" means a person who is designated a director of health and social care with regional responsibilities or a person who is in charge of a region, regional office or other part of a regional structure of the Department of Health." |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 93 | Page 17, line 29, after "quality)" insert— |
| "( ) | in subsection (1), after "of" there is inserted "the Department of Health"; and" |
| 94 | 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 LORD CLEMENT-JONES
THE BARONESS NORTHOVER |
| 95 | Insert the following new Clause— |
| | The Secretary of State shall by regulations extend the functions of the Commission for Health Improvement set out in section 20 of the 1999 Act (functions of the commission) to any independent hospital as defined by section 2 of the Care Standards Act 2000 (c. 14) (independent hospitals etc.)." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 96 | Page 18, line 11, at end insert— |
| "( ) | In subsection (2), at the end of paragraph (b) there is inserted "including co-ordinating visits to general practitioners, Primary Care Trusts or to NHS trusts with other bodies carrying out monitoring or inspections of those premises"." |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 97 | Page 18, line 12, after "(2)", insert— |
| "(a) | paragraphs (a) and (b) are omitted, and" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 98 | Page 18, line 15, leave out subsection (5) |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 99 | Insert the following new Clause— |
| | "Public health functions of the Commission for Health Improvement |
| | The Commission for Health Improvement shall have such further functions as may be prescribed relating to the management, co-ordination, provision or quality of public health services for which prescribed NHS bodies, service providers, local authorities or other bodies have responsibility." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 100 | Insert the following new Clause— |
| | It shall be the duty of the Secretary of State in carrying out his functions under the 1977 Act to ensure that so far as it is reasonable for him to do so, persons who receive services under the 1977 Act are given a choice as to the time, manner and location of those services." |
| 101 | Insert the following new Clause— |
| (1) | It shall be the duty of the Secretary of State to achieve the following targets for patients— |
| (a) | no patient should wait more than 48 hours for an appointment to see a general practitioner, |
| (b) | no patient should wait longer than thirteen weeks from the time of referral from a general practitioner for a first appointment to be seen as an out-patient, |
| (c) | no patient should wait longer than six months from the time that he is first seen as an out-patient for the procedure or other treatment decided upon, |
| (d) | no patient should wait longer than one hour after arrival at an accident and emergency unit or similar unit before being seen by a doctor or a qualified nurse practitioner, and |
| (e) | no patient should wait longer than four hours for admittance to a hospital from an accident and emergency or similar unit after a decision has been made that he should be admitted to a hospital. |
| (2) | The Secretary of State may by order define how the targets set out in subsection (1) are to be measured. |
| (3) | The Secretary of State may by order add to the targets set out in subsection (1) or alter those targets so that shorter times are specified. |
| (4) | The Secretary of State may by order set targets for shorter times than set out in subsection (1) for defined categories of patients or services. |
| (5) | An order made under subsections (3) and (4) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament." |
| 102 | Insert the following new Clause— |
| | "Compensation for target breach |
| (1) | The Secretary of State shall set up arrangements to ensure that patients are paid compensation for any target breach as defined in subsection (5) below. |
| (2) | The Secretary of State shall by order prescribe the amount of compensation due in respect of any target breach. |
| (3) | Where the Secretary of State by order specifies additional targets under subsection (3) of section (Targets for patients), he shall also specify in the order the amounts to be paid as compensation for target breach. |
| (4) | An order made under subsection (2) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. |
| (5) | A target breach for the purposes of this section occurs where a patient has waited longer than the times set out in— |
| (a) | subsection (1) of section (Targets for patients) or such shorter times as have been specified by order for the targets referred to in that subsection, or |
| (b) | any order made in respect of additional targets made by order under subsection (3) of that section. |
| (6) | This section shall take effect from 1st April 2004, except for the targets set out in subsection (1)(b) and (c) of section (Targets for patients) which shall take effect from 1st April 2003." |
| 103 | Insert the following new Clause— |
| (1) | The Secretary of State may delegate his duties under section (Targets for patients) to Strategic Health Authorities, Primary Care Trusts or to NHS trusts. |
| (2) | If the Secretary of State has delegated his duties in accordance with subsection (1), he may also require the body to which he has delegated his duties to set up arrangements so that compensation for target breach is paid in line with that set out in section (Compensation for target breach)." |
| 104 | Insert the following new Clause— |
| | In sections (Targets for patients) and (Compensation for target breach) "patient" means a person who receives or should receive services under the 1977 Act." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS NORTHOVER |
| 104A | Insert the following new Clause— |
| | "Commission for Health Improvement: independence |
| (1) | In section 20 of the 1999 Act (function of the Commission for Health Improvement) subsections (3) and (4) are omitted. |
| (2) | Schedule 2(1) to the 1999 Act is amended as follows— |
| (a) | in paragraph 2 (general powers) the words "Subject to any direction given by the Secretary of State" are omitted, |
| (b) | in paragraph 4(a) and (c) (membership) for "Secretary of State" there is substituted "NHS Appointments Commission", |
| (c) | in paragraph 6(1) and (2) (remuneration and allowance) for the words "the Secretary of State" there is substituted "it", |
| (d) | in paragraph 6, sub-paragraphs (3) and (4) are omitted, |
| (e) | in paragraph 10(1) (payment and loans to Commission)— |
| (i) | for "may" there is substituted "shall", and |
| (ii) | for "he considers appropriate" there is substituted "are agreed with the Commission", |
| (f) | in paragraph 10, sub-paragraphs (7), (8) and (9) are omitted." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 105 | 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) 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 CLEMENT-JONES |
| 106 | Insert the following new Clause— |
| | "Consultation with Community Health Councils and other bodies |
| | Before making regulations regarding patient and public involvement in health care, the Secretary of State shall consult with Community Health Councils and with such patients', carers' and voluntary organisations as he considers appropriate." |
| | THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 107 | Page 20, line 38, at end insert ", and |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| 108 | Page 20, line 39, at end insert "represent the interests in the health service of patients and in particular must" |
| 109 | Page 21, line 3, leave out paragraph (e) and insert— |
| "( ) | represent to persons and bodies which exercise functions in its area (including in particular the overview and scrutiny committees and the joint overview and scrutiny committees provided for in 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)) the views of members of the public in its area about matters affecting their health, |
| ( ) | promote the involvement of members of the public in its area in consultations or processes leading (or potentially leading) to decisions by those mentioned in section 11(2) of the Health and Social Care Act 2001 (public involvement and consultation), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public and to co-operate with the Commission for Patient and Public Involvement in Health in carrying out this function" |
| | THE LORD HARRIS OF HARINGEY |
| 109A | Page 21, line 11, at end insert— |
| "( ) | A Patients' Forum established under subsection (1)(b) must— |
| (a) | in monitoring and reviewing the operation of services under arrangements made by the trust for which it is established, and provided by a trust for which another Patients' Forum is established, have regard to the views expressed by that Patients' Forum, |
| (b) | obtain the views of the public living in the area for which services are provided or arranged by the trust for which it is established about the provision of health care services and the state of the public health in that area, and |
| (c) | make a report on the views obtained under (b) above at least once a year to the trust for which it is established and to the relevant overview and scrutiny committee." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. |
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