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back to previous amendments
| 202 | Page 139, line 40, at end insert— |
| "(5) | In section 105(6) of that Act (instruments subject to affirmative procedure) after "49" insert ", 63(1)(j)"." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 203 | Insert the following new Clause— |
| | In section 79(5) of the Local Government Act 2000 (c. 22) (decisions of case tribunals) for "one year" substitute "six months"." |
| 204 | Page 160, line 24, leave out ", and review," and insert "for the purposes of their consideration of matters mentioned in subsection (2A), and to review for those purposes," |
| 205 | Page 160, line 31, leave out "might" and insert "could or ought to" |
| | LORD LOW OF DALSTON
EARL HOWE
LORD NEUBERGER |
| 206 | Page 160, line 33, 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." |
| 207 | Page 160, line 33, at end insert— |
| "(2A) | The matters referred to in subsection (2)(b) are— |
| (a) | the standard of provision of local care services; |
| (b) | whether, and how, local care services could be improved; |
| (c) | whether, and how, local care services ought to be improved." |
| | EARL HOWE
BARONESS NEUBERGER |
| 207A* | Page 161, line 13, leave out "a local authority" and insert "— |
| (b) | a National Health Service Trust; |
| (c) | an NHS Foundation Trust; |
| (d) | a Primary Care Trust; or |
| (e) | a Strategic Health Authority." |
| 208 | Page 161, line 23, at end insert— |
| 4 | "( ) The arrangements may (in particular) make provision as respects co-operation between a local involvement network and any English network or English networks." |
| | EARL HOWE
BARONESS NEUBERGER
[As an amendment to amendment 208] |
| 208A* | Line 4, at end insert "whether in relation to— |
| (b) | local care services provided in more than one area, or |
| (c) | local care services provided to people from more than one area." |
| 209 | Page 161, line 26, at end insert— |
| "( ) | In this section "English network" means a person who, in pursuance of arrangements made under section 226(1) by any local authority, is to carry on activities specified in section 226(2)." |
| | EARL HOWE
BARONESS NEUBERGER |
| 209ZA* | Page 161, line 26, at end insert— |
| "( ) | The arrangements must include the required provision about governance of a local involvement network (see section (Local involvement networks: governance))." |
| 209A | Page 161, line 43, at end insert— |
| "( ) | Subsection (1) shall not apply to a foundation trust where the board of governors is in place." |
| | EARL HOWE
BARONESS NEUBERGER |
| 209B* | Page 162, line 12, after "observe" insert "and enquire into" |
| 210 | Page 162, line 15, at end insert— |
| "(za) | providing for a duty to apply in relation to premises owned or controlled by a services-provider only if, or not to apply in relation to any such premises if, the premises are of a particular description; |
| (zb) | providing for a duty, so far as applying in relation to any premises, to apply in relation to activities carried on on the premises only if, or not to apply in relation to any such activities if, the activities are of a particular description;" |
| 210ZA | Page 162, line 29, at end insert— |
| "( ) | Regulations under this section shall not apply to a foundation trust where the local involvement network is satisfied that the board of governors undertakes the activities referred to in subsection (1)." |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZAA* | Page 162, line 32, after "observation" insert "or enquiry" |
| | BARONESS NEUBERGER
EARL HOWE
LORD LOW OF DALSTON |
| 210ZB | Insert the following new Clause— |
| | "Local involvement networks: accompanying visits |
| (1) | Any person proposing to act pursuant to a relevant authorisation has a duty to invite any relevant local involvement network to provide one or more authorised representatives to accompany that person. |
| (2) | In this section a "relevant authorisation" means any authorisation by— |
| (a) | the Commission for Healthcare Audit and Inspection under section 66 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), |
| (b) | the Commission for Social Care Inspection under section 88 of the Health and Social Care (Community Health and Standards) Act 2003, |
| (c) | the Mental Health Act Commission under section 121(5)(a) of the Mental Health Act 1983 (c. 20). |
| (3) | The Secretary of State may by directions in writing extend the duty in subsection (1) to such persons as the Secretary of State considers appropriate. |
| (4) | No duty shall arise under subsection (1) when, in exceptional circumstances, the person considers that issuing an invitation will compromise the effective provision of health services or patients' safety, privacy or dignity. |
| (5) | For the avoidance of doubt, the provisions of section 229 and regulations under section 229 apply to the activities of authorised representatives of local involvement networks entering premises in connection with an invitation under subsection (1). |
| (6) | In this section "authorised representative," "local involvement network" and "services-provider" have the same meanings as in section 229." |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZC* | Insert the following new Clause— |
| | "Independent arbitration of disputes |
| (1) | The Secretary of State shall by regulations make provision for arrangements designed to bring about the resolution of disputes between a local involvement network and a services-provider in relation to the matters referred to in sections 228 and 229. |
| (2) | The arrangements may provide for the appointment of a person whose duties shall be prescribed. |
| (3) | The duties shall in particular include a duty— |
| (a) | to respond to any request by a local involvement network or a services-provider to consider the circumstances of any dispute which may arise in relation to the matters referred to in sections 228 or 229; |
| (b) | to issue a determination on such a dispute (which determination may be binding on both parties); |
| (c) | to make an annual report to the Secretary of State about the workings of this Part; |
| (d) | to consult, and be consulted by, the Secretary of State about proposals to effect changes to the implementation of this Part or its financing." |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZD* | Insert the following new Clause— |
| | "Local involvement networks: governance |
| (1) | Subsection (2) has effect for the purposes of section 227(7). |
| (2) | The Secretary of State shall by regulations make provision in relation to the governance of a local involvement network. |
| (3) | In this section "governance" means— |
| (a) | the manner in which decisions are made by the local involvement network in relation to the planning or carrying out of its activities; |
| (c) | the manner in which activities are planned or carried out by a local involvement network; and |
| (c) | the manner in which individuals or groups of individuals are authorised by a local involvement network in relation to the matters referred to in subsection (3)(a) and (b), |
| (4) | Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate." |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZE* | Insert the following new Clause— |
| | "Transitional arrangements |
| (1) | Each local authority must make transitional arrangements for the purpose of ensuring that there are means by which the activities specified in section 226(2) for the local authority's area can be carried on during the transitional period. |
| (2) | A local authority must have regard to any guidance issued by the Secretary of State with regard to the transitional period. |
| (3) | For the purposes of this section something is done by a local involvement network during the transitional period if— |
| (a) | it is done by a person who in pursuance of the transitional arrangements made under subsection (1) above is to carry on activities specified in section 226(2); and |
| (b) | it is done by that person in the carrying on, under those transitional arrangements, of activities so specified. |
| (4) | For the purposes of this section, the transitional period is the period of six calendar months beginning with the commencement of this Part." |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZF* | Leave out Clause 233 |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZG* | Leave out Clause 234 |
| | EARL HOWE
BARONESS NEUBERGER |
| 210ZH* | Leave out Clause 235 |
| 210A | Page 168, line 6, leave out "follows" and insert "mentioned in subsections (2) to (4) below" |
| 211 | Page 168, line 21, leave out "are, directly or through representatives, consulted on" and insert ", whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in" |
| 212 | Page 168, line 23, leave out "significant" |
| 213 | Page 168, line 25, leave out "significant" |
| 214 | Page 168, line 27, leave out from beginning to "if" in line 28 and insert "Subsection (1B)(b) applies to a proposal only" |
| 215 | Page 168, line 29, leave out "a substantial" and insert "an" |
| 216 | Page 168, line 33, leave out from beginning to "if" in line 34 and insert "Subsection (1B)(c) applies to a decision only" |
| 217 | Page 168, line 35, leave out "a substantial" and insert "an" |
| | EARL HOWE
BARONESS NEUBERGER |
| 217A* | Page 168, line 40, leave out "received by users" and insert "supplied by providers" |
| 218 | Page 169, line 6, leave out "consultation" and insert "involvement" |
| 219 | Page 169, line 8, leave out "consultation" and insert "involvement" |
| 219ZA | Page 169, line 14, at end insert— |
| "( ) | After that section insert— |
| "242A | Strategic Health Authorities: further duty to involve users |
| (1) | The Secretary of State must by regulations require each Strategic Health Authority to make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in prescribed matters. |
| (2) | In this section "health service users" means persons to whom health services are being or may be provided in the area of the Strategic Health Authority. |
| (3) | A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority's duty under regulations under this section. |
| (4) | The guidance mentioned in subsection (3) includes (in particular)— |
| 16 | (a) guidance given by the Secretary of State as to the form to be taken by involvement under the authority's arrangements, and |
| (b) | guidance so given as to when, or how often, such involvement is to be carried out. |
| 23 | (5) Any duty of a Strategic Health Authority under regulations under this section is in addition to the authority's duty under section 242(1B). |
| 242B | Directions in cases where Strategic Health Authority arranges involvement |
| (1) | The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements. |
| (2) | The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority. |
| (3) | Regulations under this section may include provision— |
| (a) | for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction, |
| (b) | enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case, |
| (c) | requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority, |
| (d) | requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust, |
| (e) | enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement."" |
| | EARL HOWE
BARONESS NEUBERGER
[Amendments 219ZAA and 219ZAB are amendments to amendment 219ZA] |
| 219ZAA* | Line 16, leave out "form to be taken by involvement" and insert "circumstances under which and the ways in which health service users are to be involved" |
| 219ZAB* | Line 23, at end insert— |
| "(6) | Before making regulations under this section, the Secretary of State must consult such persons as he considers appropriate." |
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