Health and Social Care (Community Health and Standards) Bill
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 6th October 2003, as follows—
Clause 2
Schedule 2
Clauses 3 to 25
Schedule 3
Clauses 26 to 34
Schedule 4
Clauses 35 to 37
Schedule 5
Clauses 38 to 40
Schedule 6
Clause 41
Schedule 7
Clause 42
Schedule 8 | Clauses 43 to 143
Schedule 9
Clauses 144 to 146
Schedule 10
Clauses 147 to 180
Schedule 11
Clauses 181 to 183
Schedule 12
Clauses 184 to 186
Schedule 13
Clauses 187 to 192
Schedule 14
Clauses 193 to 198 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 90 | Page 113, line 23, leave out from "period" to end of line 24 and insert "of five years and he may seek re-appointment" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 91 | Page 113, line 23, leave out "Secretary of State" and insert "CHAI" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 92 | Page 113, leave out line 27 and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 93 | Page 113, leave out line 27 and insert "CHAI" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 94 | Page 113, line 28, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 95 | Page 113, line 28, leave out "Secretary of State" and insert "CHAI" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 96 | Page 113, line 29, leave out "or misbehaviour" and insert ", misconduct or incompetence" |
| 97 | Page 113, line 29, at end insert "subject to approval by resolution of each House of Parliament" |
| 98 | Page 113, line 31, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 99 | Page 113, line 31, leave out "Secretary of State" and insert "CHAI" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 100 | Page 113, line 36, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| 101 | Page 113, line 38, leave out first "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| 102 | Page 114, line 4, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)" |
| 103 | Page 114, line 24, leave out "(generally or specifically)" |
| 104 | Page 114, line 27, leave out paragraph 5 and insert— |
| | "5 (1) The Secretary of State shall make such contributions to the regulator's expenses as the regulator shall request. |
| (2) | If the Secretary of State believes that the amounts requested by the regulator are unreasonable, he shall refer the matter to the chairman of the Select Committee for Health whose decision shall be binding on the Secretary of State." |
| 105 | Page 114, line 28, at end insert— |
| (1) | The regulator shall keep proper accounting records. |
| (2) | The regulator shall, for each financial year, prepare accounts in accordance with directions given by the Treasury. |
| (3) | The accounts prepared by the regulator for any financial year shall be submitted by the regulator to the Comptroller and Auditor General. |
| (4) | The Comptroller and Auditor General shall examine and certify any accounts submitted to him under this paragraph and shall lay before each House of Parliament a copy of the accounts as certified by him together with his report on them." |
| 106 | Page 114, line 32, at end insert— |
| "( ) | The annual report shall include a summarised account for all NHS foundation trusts for the financial year." |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 107 | Page 114, line 32, at end insert— |
| "( ) | The annual report will include a summary of those reports compiled and submitted by the NHS foundation trusts on the evaluation of their impacts on local health economies." |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF |
| 108 | Page 115, line 4, at end insert— |
| "8 | The regulator must report in person to any Committee of either House of Parliament, or a Committee of both Houses, which requests information on the discharge by the regulator of his functions." |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 109 | Page 115, line 4, at end insert— |
| | "Right of appeal to regulator |
| | Employers of health service staff in non-foundation trusts affected by decisions made by foundation trusts in respect of their terms and conditions of employment may ask the regulator to judge if these are a breach of section 26 of the Health Act 1999 (c. 8) (co-operation between NHS bodies), as amended by this Act." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 110 | Page 2, line 4, leave out "performance by the Secretary of State of the" |
| 111 | Page 2, line 4, after "duties" insert "laid on the Secretary of State" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 112 | Page 2, line 6, at end insert "ensuring specifically that adequate numbers of training posts are provided in the new foundation trusts and that their relationships with deaneries maintained" |
| 113 | Page 2, line 6, at end insert "and that is consistent with the principles of fairness and of universal coverage" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 114 | Page 2, line 6, at end insert— |
| "( ) | In performing his duties under this Act, the regulator must have regard to such of the following as appear to him to be relevant in the circumstances— |
| (a) | the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed; |
| (b) | the different needs and interests of persons using NHS services and in particular of the different interests of children, and of those living in rural and urban areas; and |
| (c) | the principles set out in the compact between the Government and the voluntary sector and the codes of practice set out under it." |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF |
| 115 | Leave out Clause 3 and insert the following new Clause— |
| | "General duty of regulator |
| | The regulator must exercise his functions in a manner that is— |
| (a) | in pursuance of the performance by the Secretary of State of the duties under sections 1, 3 and 51 of the National Health Service Act 1977 (c. 49) (duty as to health service and services generally and as to university clinical teaching and research); |
| (b) | consistent with the principle of equality of access to NHS healthcare; and |
| (c) | consistent with the principle of universality of access to NHS healthcare." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 116 | Insert the following new Clause— |
| (1) | The regulator shall, in carrying out his functions, have due regard to the need to promote the equalisation of opportunity and the elimination of unfair discrimination and harassment so as to ensure that persons do not suffer detriment or are not denied opportunities and benefits for reasons related to one or more of the following grounds— |
| (b) | colour, race, nationality or ethnic or national origins; |
| (e) | gender re-assignment; |
| (2) | As soon as is reasonably practicable after the end of each financial year the regulator must publish a report containing— |
| (a) | a statement of the arrangements made under subsection (1) and having effect in the year; |
| (b) | an assessment of how effective the arrangements were in promoting the equalisation of opportunity. |
| (3) | The report must also contain a statement of the arrangements which the regulator has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2). |
| (4) | The regulator must send a copy of the report to the Secretary of State." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD BLACKWELL |
| 117 | Page 2, line 9, after "trust" insert "or Primary Care Trust" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 118 | Page 2, line 10, leave out from "trust" to end of line 11 |
| 119 | Page 2, line 21, leave out paragraph (a) |
| | THE LORD HUNT OF KINGS HEATH |
| 120 | Page 2, line 22, leave out "17" and insert "17A" |
| 121 | Page 2, line 23, leave out from first "of" to end of line 24 and insert "establishing the initial membership of the NHS foundation trust and of the board of governors, and the initial directors, and enabling the board of governors and board of directors to make preparations for the performance of their functions" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 122 | Page 2, line 29, at end insert "subject to the approval of the Commission for Healthcare Audit and Inspection" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 123 | Page 2, line 33, leave out from "trust" to end of line 34 |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 124 | Page 2, line 33, leave out from "trust" to end of line 34 and insert "provided those persons do not continue to undertake commissioning work on behalf of NHS patients" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 125 | Page 2, line 37, after "trust," insert— |
| "( ) | the financial position of the applicants," |
| 126 | Page 3, line 6, at end insert "and |
| (d) | the applicant has demonstrated the ability to meet quality thresholds consistent with standards set by the official inspectorate," |
| 127 | Page 3, line 7, leave out "may" and insert "shall" |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 128 | Page 3, line 19, at end insert "subject to the approval of the Commission for Healthcare Audit and Inspection" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| | THE LORD CLEMENT-JONES
THE BARONESS BARKER |
| 129 | Insert the following new Clause— |
| (1) | The Secretary of State shall— |
| (a) | by regulations require that an NHS trust proposing to make an application under section 4(1) or any person proposing to apply under section 5(1), shall first consult prescribed persons; |
| (b) | by regulations prescribe persons to be consulted which shall include— |
| (i) | the NHS trusts and Primary Care Trusts in the area in which are resident all or any of the persons to whom the applicant NHS trust has provided goods or services for the purposes of healthcare, or to whom the applicant person (as the case may be) intends to provide such services if its application is successful, |
| (ii) | the Patients' Forums for those NHS trusts and Primary Care Trusts, and |
| (iii) | local staff side trade unions and such other persons as the Secretary of State considers may be affected by the application. |
| (2) | In section 7 of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees)— |
| (a) | in subsection (3) (matters to be covered by regulations) at the beginning for "may" substitute "shall"; |
| (b) | in subsection (3)(b) at the end insert "which shall include all matters prescribed under subsection (3)(c) below,"; |
| (c) | in subsection (3)(c) at the end insert "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003"." |
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