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back to previous amendments
| | 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. |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS HANHAM |
| 110 | Insert the following new Clause— |
| (1) | No member of a Patients' Forum may be appointed as a director of an NHS trust or a member of a Primary Care Trust to which the Patients' Forum relates unless that person has been recommended for appointment by the NHS Appointments Commission. |
| (2) | Where a member of a Patients' Forum is also a director of an NHS trust or a member of a Primary Care Trust to which the Patients' Forum relates, his responsibilities as a director of the NHS trust or member of the Primary Care Trust shall be the same as those of any other director or member of such trust." |
| | THE LORD CLEMENT-JONES
THE LORD REA
THE LORD WEATHERILL
THE EARL HOWE |
| 111 | Insert the following new Clause— |
| | "Establishment of Patients' Councils |
| (1) | The Secretary of State shall, subject to subsection (3), establish a body to be known as a Patients' Council ("Council") in England in each area for which an overview and scrutiny committee has been established under section 7 of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees). |
| (2) | Each Council shall be appointed from among members of the relevant Primary Care Trust Patients' Forums and NHS Trust Patients' Forums operating in that area and representatives from the relevant community interest groups. |
| (3) | Where it appears to the Secretary of State that there is a need to establish a Council for an area other than that represented by a local authority with overview and scrutiny functions, he shall, after local consultation, establish a Council for such other area as appears to him will meet the needs of the local community. |
| (4) | The functions of a Council are to represent the interests in the health service of the public in its district and in particular to— |
| (a) | facilitate the co-ordination of the activities of member Patients' Forums including by the provision of staff and services to Patients' Forums, |
| (b) | provide or make arrangements for the provision of services under section 19A of the National Health Service Act 1977 (c. 49) (independent advocacy services) at the direction of the Commission for Patient and Public Involvement in Health, |
| (c) | 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 referred to in sections 7, 8 and 10 of the Health and Social Care Act 2001) the views of members of the public in its area about matters affecting their health, and |
| (d) | advise the bodies listed in subsection (5) on involvement of the public in its area in consultations or processes leading (or potentially leading) to decisions by those bodies or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public, monitor the effectiveness of this involvement and co-operate with the Commission for Patient and Public Involvement in Health in carrying out this function. |
| (5) | The bodies referred to in subsection (4)(d) are— |
| (a) | health service bodies, |
| (b) | other public bodies, and |
| (c) | others providing services to the public or a section of the public. |
| (6) | The Secretary of State shall, following consultation with the Association of Community Health Councils for England and Wales, Community Health Councils, patients' and carers' organisations and the wider community, by regulation make provision in relation to Councils as to— |
| (a) | the Patients' Forums and other community interest groups from which members of the Council are to be appointed, |
| (b) | any qualification or disqualification from membership, |
| (c) | terms of appointment, |
| (d) | the proceedings of a Council, |
| (e) | the discharge of any functions of a Council by a committee of the Council or by a joint committee appointed with another Council, |
| (f) | the circumstances in which Councils will co-operate with each other in the exercise of their functions and exercise functions jointly with one or more other Councils, |
| (g) | funding of Councils and the provision of staff, premises and other facilities, |
| (h) | the preparation and publication by a Council of annual accounts, |
| (i) | the provision of information (including descriptions of information which are or are not to be provided) to a Council by an NHS trust, a Primary Care Trust, a Strategic Health Authority, the Commission for Patient and Public Involvement in Health, the relevant local authorities or a person providing independent advocacy services (within the meaning given by section 19A of the National Health Service Act 1977), |
| (j) | the provision of information by a Council to another person, |
| (k) | the preparation and publication of reports by Councils, |
| (l) | the furnishing and publication by NHS trusts, Primary Care Trusts, Strategic Health Authorities and overview and scrutiny committees of comments on reports or recommendations of Councils, and |
| (m) | the referral of matters of a prescribed description to any overview and scrutiny committee, the relevant Strategic Health Authority, the Commission for Patient and Public Involvement in Health or the Secretary of State for Health. |
| (7) | The regulations shall also include provision applying or corresponding to any provision of Part 5A of the Local Government Act 1970 (c. 70) (access to meetings and documents). |
| (8) | In section 21(10) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) after "members of the authority" there shall be inserted "and shall include a person appointed by the relevant Patients' Council". |
| (9) | In paragraph 1 Schedule 5 to the National Health Service Act 1977 (c. 49), as amended by the Health Authorities Act 1995 (c. 17) after sub-paragraph (c) there is inserted— |
| "(d) | persons appointed by the relevant Patients' Councils."." |
| | THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 112 | Page 22, line 11, at end insert— |
| (j) | providers of nursing homes and other privately owned facilities used to accommodate or provide services to patients" |
| 113 | Page 22, line 13, after "inspect," insert "by arrangement or unannounced," |
| 114 | Page 22, line 17, leave out from "allow" to "to" in line 18 and insert "the Patients' Forum" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. |
| | THE BARONESS FINLAY OF LLANDAFF |
| 114A* | Page 22, line 40, at end insert— |
| "(e) | the health joint select committee" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill. |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
THE EARL HOWE |
| 116 | Page 23, line 16, after "premises" insert "and" |
| 117 | Page 23, line 17, leave out "and staff" |
| 118 | Page 23, line 26, after "by" insert "a Patients' Council," |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| 119 | Page 23, line 27, after "Authority," insert "an overview and scrutiny committee or joint committee within the meaning of 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)," |
| 120 | Page 23, line 34, at end insert "and the duty of the overview and scrutiny committees to respond to and act upon such referrals" |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
THE EARL HOWE |
| 121 | Page 23, line 38, after "by" insert "Patients' Councils," |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| 122 | Page 23, line 38, leave out "and Strategic Health Authorities" and insert ", Strategic Health Authorities and 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" |
| 123 | Page 23, line 41, leave out subsection (3) and insert— |
| "(3) | Regulations shall provide for the membership of a Patients' Forum, which shall comprise— |
| (a) | as to at least a quarter of its membership, members or representatives of voluntary organisations whose purpose, or one of whose purposes, is to represent the interests of— |
| (i) | persons for whom services are being provided under the 1977 Act or in pursuance of arrangements under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities) in relation to the exercise of health related functions of a local authority, or |
| (ii) | persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment; |
| (b) | as to at least a quarter of its membership, persons for whom services are being provided under the 1977 Act or in pursuance of arrangements under section 31 of the Health Act 1999 in relation to the exercise of health related functions of a local authority; |
| (c) | as to at least a quarter of its membership, persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment; and |
| (d) | such other persons as may be prescribed." |
| | THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
THE EARL HOWE |
| 124 | Page 24, line 11, after "Forum" insert ", a Patients' Council" |
| 125 | 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
THE EARL HOWE
THE BARONESS NOAKES |
| 126 | Page 24, line 16, insert— |
| "( ) | In section 50 of the Employment Rights Act 1996 (c. 18) (right to time off for public duties) at the end of subsection (8) there shall be inserted— |
| "(d) | a Patients' Forum constituted under section 15 of the National Health Service Reform and Health Care Professions Act 2002."" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill. |
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