Local Government and Public Involvement in Health Bill
SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 2nd July 2007, as follows—
Clauses 222 to 234
Schedule 17
Clauses 235 to 245
Schedules 1 to 7 | Schedule 10
Schedule 13
Schedule 16
Schedule 18 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | EARL HOWE
BARONESS NEUBERGER |
| 238KBA* | Page 154, line 29, leave out from beginning to "specified" and insert ", establishing and supporting Local Involvement Networks to perform the functions" |
| 238KBB* | Page 154, line 30, leave out "can be carried on in the area" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER |
| 238KC | Page 154, line 30, after "on" insert "effectively" |
| | EARL HOWE
BARONESS NEUBERGER |
| 238KCA* | Page 154, line 31, leave out "activities for a local authority's area" and insert "functions to be performed by a Local Involvement Network for a local authority area" |
| | BARONESS NEUBERGER
EARL HOWE
BARONESS HOWE OF IDLICOTE
LORD REA |
| 238KD | Page 154, line 32, leave out "people" and insert "members of the local involvement network" |
| | EARL HOWE
BARONESS NEUBERGER |
| 238KDA* | Page 154, line 33, at end insert— |
| "( ) | promoting equality of opportunity to involvement in commissioning, provision or scrutiny of local care services (subject to the exclusions set out in section 223(4) below);" |
| | BARONESS NEUBERGER
EARL HOWE
BARONESS HOWE OF IDLICOTE
LORD REA |
| 238KE | Page 154, line 34, leave out "people" and insert "members of the local involvement network" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 238KF | Page 154, line 35, at end insert "for the purpose of securing and maintaining improvements to those services." |
| | LORD REA
BARONESS NEUBERGER
EARL HOWE
BARONESS MEACHER |
| 238KG | Page 154, line 36, leave out "obtaining" and insert "supporting members of local involvement networks to obtain" |
| | EARL HOWE
BARONESS NEUBERGER |
| 238KH* | Page 154, line 37, at end insert— |
| "( ) | providing equality of opportunity for people to give the Local Involvement Network such views;" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER
LORD REA |
| 238L | Page 154, line 42, after "persons" insert "or bodies" |
| | LORD LOW OF DALSTON
EARL HOWE
BARONESS NEUBERGER |
| 238LZA* | Page 154, line 43, at end insert— |
| "( ) | enabling people to monitor and review the provision of care services and local care services for persons moving their place of ordinary residence into the area." |
| | BARONESS NEUBERGER
LORD HOWE
BARONESS HOWE OF IDLICOTE
LORD REA |
| 238LA | Page 155, line 4, after "consult" insert "members of Patients' Forums and" |
| 238LB | Page 155, line 4, after "such" and "other" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 238LC | Page 155, line 4, at end insert— |
| "(4A) | The Secretary of State shall make payments to each local authority that are, in the opinion of the Secretary of State, sufficient to cover the costs incurred by that local authority in making contractual arrangements specified under subsection (1). |
| (4B) | Nothing in this section shall prevent a local authority making contractual arrangements under subsection (1) so as to ensure that the activities specified in subsection (2) are carried on to a greater extent than would be the case if the arrangements were to cost no more than the payments made available under subsection (4A)." |
| | BARONESS MASHAM OF ILTON
EARL HOWE
BARONESS NEUBERGER
LORD REA |
| 238LD* | Page 155, line 4, at end insert— |
| "( ) | For the avoidance of doubt, arrangements under this part apply to the provision of care services and local care services in prisons, secure training centres and young offender institutions." |
| 238LE* | Page 155, line 7, after "of" insert "or ancillary to" |
| | EARL HOWE
BARONESS NEUBERGER |
| 238LF* | Page 155, line 20, leave out subsection (2) and insert— |
| "(2) | For the purposes of sections 222 to 238 a reference to a "local involvement network is to a body set up in pursuance of the arrangements specified in section 222(1) to carry out the functions specified in section 222(2) in As area." |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER
LORD REA |
| 238M | Page 155, line 24, at end insert "nor a provider of local care services" |
| 238N | Page 155, line 34, leave out subsection (5) |
| 238P | Page 155, line 34, at end insert— |
| "(5A) | The Secretary of State shall by regulations specify conditions upon which payments under subsection (5) may be made. |
| (5B) | The conditions in subsection (5A) shall, in particular, relate to— |
| (a) | governance arrangements, and |
| (b) | arrangements for dealing with potential conflicts of interest, |
| | within a local involvement network." |
| | LORD REA
EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER |
| 238Q | Page 155, line 34, at end insert— |
| "( ) | A may not attempt to influence the activities of H in pursuance of the arrangements under section 222(1), except as laid out within the contract." |
| | BARONESS NEUBERGER
LORD REA
EARL HOWE
BARONESS HOWE OF IDLICOTE |
| 238QA | Page 155, line 34, at end insert— |
| "( ) | The arrangements must provide that a local involvement network is provided with the staff, premises and resources that are necessary in the opinion of A for the local involvement network to carry on in A's area activities specified in section 222(2)." |
| | BARONESS NEUBERGER
EARL HOWE
BARONESS HOWE OF IDLICOTE
LORD REA |
| 238R | Page 155, line 36, at end insert— |
| "( ) | Nothing in the arrangements shall prevent a local involvement network from— |
| (a) | making collaborative arrangements with another local involvement network; or |
| (b) | utilising monies received from H for such a purpose." |
| 238S | Page 155, line 36, at end insert— |
| "( ) | A local involvement network shall have the power to direct the actions of H in pursuance of the arrangements under section 222(1)." |
| | BARONESS NEUBERGER
LORD REA
EARL HOWE
BARONESS MEACHER |
| 238SA | Insert the following new Clause— |
| | "Employment Duty: local involvement networks |
| ( ) | A local involvement network may appoint such employees (in addition to the chief executive) as it thinks appropriate. |
| ( ) | The terms of employment of employees so appointed are for the local involvement network to determine. |
| ( ) | The local involvement network will determine all terms of employment relating to— |
| (a) | remuneration, fees or expenses, and |
| (b) | pensions, allowances or gratuities." |
| | BARONESS NEUBERGER
EARL HOWE
LORD REA
BARONESS HOWE OF IDLICOTE |
| 238SB* | Page 155, line 38, after "services-provider," insert "or a Commissioner" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER
LORD REA |
| 238T | Page 155, line 42, leave out "dealing with" and insert "responding to" |
| 238U | Page 156, line 1, leave out "dealing with" and insert "responding to" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 238UA | Page 156, line 4, at end insert— |
| "(d) | to demonstrate that, where relevant, it has acted to improve services in response to reports and recommendations made to the services-provider by a local involvement network" |
| | BARONESS NEUBERGER
EARL HOWE
BARONESS HOWE OF IDLICOTE
LORD REA |
| 238V | Page 156, line 9, after "authority;" insert— |
| "( ) | a person or body providing services to or on behalf of the National Health Service or of a local authority;" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 238VA | Page 156, line 10, at end insert— |
| "(f) | any person who provides care services within a local authority's area, or in any place to which care services have been commissioned from that area" |
| | BARONESS NEUBERGER
LORD REA
EARL HOWE |
| 238VB | Page 156, line 18, after "consult" insert "members of Patients' Forums and" |
| 238VC | Page 156, line 18, after "such" insert "other" |
| | EARL HOWE
BARONESS NEUBERGER
LORD REA
BARONESS HOWE OF IDLICOTE |
| 238VCA* | Page 156, line 18, at end insert— |
| "(5) | A "Commissioner" means a person proscribed by regulations by the Secretary of State" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 238VD | Page 156, line 22, leave out "view" and insert "inspect" |
| 238VE | Page 156, line 23, at end insert "for the purpose of monitoring the quality and effectiveness of services provided from those premises" |
| | BARONESS HOWE OF IDLICOTE
BARONESS NEUBERGER
EARL HOWE
LORD REA |
| 238W | Page 156, line 26, leave out paragraph (a) |
| | BARONESS HOWE OF IDLICOTE
EARL HOWE
BARONESS NEUBERGER
LORD REA |
| 238X | Page 156, line 33, leave out subsection (3) |
| | BARONESS HOWE OF IDLICOTE
BARONESS NEUBERGER
LORD REA
EARL HOWE |
| 238XA | Page 156, line 42, leave out "or observation" and insert "observation or monitoring" |
| | BARONESS HOWE OF IDLICOTE
BARONESS NEUBERGER
EARL HOWE
LORD REA |
| 238Y | Page 157, line 14, after "authority;" insert— |
| "( ) | a person or body providing services to or on behalf of the National Health Service or of a local authority;" |
| | BARONESS HOWE OF IDLICOTE
EARL HOWE
BARONESS NEUBERGER
LORD REA |
| 238Z | Page 157, line 15, leave out paragraph (e) |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS MEACHER |
| 238ZZAA | Page 157, line 15, at end insert— |
| "(f) | any person who provides care services within a local authority's area, or in any place to which care services have been commissioned from that area" |
| | BARONESS MEACHER
BARONESS NEUBERGER
EARL HOWE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 225 stand part of the Bill. |
| | BARONESS NEUBERGER
EARL HOWE
BARONESS HOWE OF IDLICOTE |
| 238AA | Page 157, line 32, leave out subsection (6) |
| 238AB | Page 158, line 41, leave out "person preparing it" and insert "members of the local involvement network" |
| 239 | Page 158, line 42, after "State" insert "that may be in force at the time" |
| 239ZA | Page 158, line 42, leave out "considers" and insert "consider" |
| | EARL HOWE
BARONESS NEUBERGER
BARONESS HOWE OF IDLICOTE |
| 239A | Page 158, line 47, leave out paragaph (a) |
| 240 | Page 160, line 3, leave out ", or issue guidance," |
| 241 | Page 160, leave out line 4 |
| 242 | Page 160, line 5, leave out ", or guidance issued," |
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