Health and Social Care Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 2

 

BARONESS MEACHER
LORD PATEL OF BRADFORD

27Insert the following new Clause—
  "Duty to involve service users, including their families and carers
(1)  It shall be the duty of the Commission, in performing its functions, to ensure that people who are, or who have recently been, users of relevant services, including their families and carers, are involved in the exercise of its functions by being—
(a)  provided with information about the exercise of its functions,
(b)  consulted about the exercise of its functions,
(c)  involved in the inspection of registered service providers,
(d)  involved in the process of special reviews, or
(e)  involved in another way.
(2)  The Commission must take such steps as it considers appropriate to secure the involvement of members of the public in the exercise of its functions in that way."
 

BARONESS STERN
LORD LOW OF DALSTON

28Insert the following new Clause—
  "Human rights framework for Commission
  The protection and promotion of human rights shall be central to the performance of the functions of the Commission."
 

Clause 4

 

LORD WARNER
BARONESS MURPHY
BARONESS MEACHER
EARL HOWE

29Page 2, line 39, leave out "provision of" and insert "commissioning and provision of services related to"
 

BARONESS BARKER
BARONESS TONGE

30*Page 3, line 6, at end insert—
"(   )  the assessment of social care needs under the National Health Service and Community Care Act 1990 (c. 19);"
31*Page 3, line 7, leave out paragraph (a)
 

LORD WARNER
BARONESS MURPHY

32Page 3, line 10, at end insert—
"(   )  The Secretary of State may make regulations subject to annulment in pursuance of a resolution of either House of Parliament that limit the scope of the services to be registered under Chapter 2 where he considers that the risk to service users is insufficient to justify regulation or where the Commission advises that registration should be deferred for a period of time."
 

Clause 5

 

LORD WARNER
BARONESS MURPHY
EARL HOWE

33Page 3, leave out line 13, and insert "Health services" includes all forms of health services commissioned or provided for individuals,"
 

EARL HOWE
BARONESS CUMBERLEGE

34*Page 3, line 13, after the second "care" insert "(whether for the treatment of ill health or for the promotion of good health)"
35*Page 3, line 18, after "provided" insert "on commercial terms"
 

LORD WARNER
BARONESS MURPHY
EARL HOWE

36Page 3, line 21, leave out subsection (4) and insert—
"(4)  "Health or social care services" means health services or social care services."
 

After Clause 5

 

BARONESS STERN
LORD LOW OF DALSTON

37Insert the following new Clause—
  "Certain regulated activities to be functions of a public nature
  A regulated activity under this Part shall be deemed to be a function of a public nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42) where it is performed wholly or partly at public expense and arranged pursuant to statutory powers."
38Insert the following new Clause—
  "When provision of health or social care a function of a public nature
  The provision of health or social care by a private provider in the discharge of a local authority's community care functions pursuant to arrangements under section 26 of the National Assistance Act 1948 (c. 29) is a function of a public nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42)."
 

Clause 6

 

BARONESS FINLAY OF LLANDAFF

39Page 3, line 24, after "registered" insert "or working for a registered organisation"
 

Clause 13

 

LORD WARNER
BARONESS MURPHY

40Page 6, line 4, at end insert—
"(   )  on the ground of persistent failure to adequately improve services following adverse periodic or special reviews under section 42 or section 44;"
 

Clause 16

 

BARONESS STERN

41Page 7, line 28, leave out "may" and insert "shall"
42Page 7, line 32, after "safety" insert ", rights"
 

EARL HOWE
BARONESS CUMBERLEGE

43*Page 7, line 35, after "are" insert "not"
44*Page 7, line 37, leave out paragraph (b)
45*Page 7, line 39, after "are" insert "not"
46*Page 7, line 41, leave out paragraph (d)
47*Page 7, line 43, leave out paragraph (e)
 

BARONESS KNIGHT OF COLLINGTREE
BARONESS MASHAM OF ILTON

48Page 7, line 44, at end insert—
"(   )  make provision in relation to nutritional standards;"
 

EARL HOWE
BARONESS CUMBERLEGE

49*Page 8, line 2, leave out paragraph (h)
 

BARONESS MEACHER

50Page 8, line 11, at end insert "and as to the implementation of recommendations arising from complaints"
 

BARONESS MURPHY

51Page 8, line 11, at end insert—
"(   )  impose requirements as to the provision of information on the number of admissions and discharges from compulsory powers under the Mental Health Act 1983 (c. 20) and the numbers of deaths of detained patients."
52Page 8, line 11, at end insert—
"(   )  impose requirements as to the demonstration of compliance with the Mental Health Act 1983 (c. 20) and other relevant legislation."
 

BARONESS MEACHER

53Page 8, line 11, at end insert—
"(   )  impose requirements as to the need to reduce health inequalities and discrimination on the basis of disability.
(   )  In this part of the Act, "disability" has the same meaning as in Part I of the Disability Discrimination Act 1995 (c. 50)."
 

EARL HOWE
BARONESS CUMBERLEGE

54*Page 8, line 31, at end insert—
"(   )  Regulations made under this section may make provision for—
(a)  standards for the promotion of adequate nutrition for persons who may be in receipt of a service provided in the carrying on of a regulated activity; and
(b)  criteria whereby compliance with those standards may be assessed."
 

After Clause 17

 

EARL HOWE
BARONESS CUMBERLEGE

55*Insert the following new Clause—
  "Code of practice relating to nutrition
(1)  The Secretary of State may issue a code of practice about compliance with any requirements of regulations under section 16 which relate to the promotion of adequate nutrition or the prevention or management of malnutrition.
(2)  The code may—
(a)  operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);
(b)  provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;
(c)  make different provision for different cases or circumstances.
(3)  The Secretary of State must keep the code under review and may from time to time—
(a)  revise the whole or any part of the code, and
(b)  issue a revised code."
 

Clause 19

 

EARL HOWE
BARONESS CUMBERLEGE

56*Page 10, line 5, leave out subsection (2) and insert—
"(2)  The guidance may, if the Commission thinks fit, also relate to compliance for the purposes of this Chapter with the requirements—
(a)  of any other enactments; and
(b)  of guidance issued by the National Institute for Health and Clinical Excellence."
 

Clause 25

 

LORD DARZI OF DENHAM

57Page 13, line 21, leave out "provisions of this Chapter" and insert "relevant requirements"
 

BARONESS MEACHER

58Page 13, line 42, at end insert—
"(   )  any requirements to implement recommendations from the Health Service Ombudsman."
 

Clause 26

 

EARL HOWE
BARONESS CUMBERLEGE

59*Page 14, line 7, at end insert—
"(   )  In deciding whether or not to make the order, the justice must take into account, in particular, the extent to which the Commission had paid regard to the duties set out in section 2(3)(c) and (d)."
 

Clause 29

 

EARL HOWE
BARONESS CUMBERLEGE

60*Page 15, line 17, leave out from "offence" to end of line 38
61*Page 15, line 38, at end insert—
"(2)  A person guilty of an offence under subsection (1) is liable—
(a)  on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months or to both;
(b)  on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months or to both.
(3)  In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months."
 

Clause 30

 

EARL HOWE
BARONESS CUMBERLEGE

62*Page 16, line 13, leave out from "liable" to end of line 14 and insert—
"(a)  on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months or to both;
(b)  on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months or to both.
( )  In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months."
 

After Clause 34

 

BARONESS STERN

63Insert the following new Clause—
  "Handling and consideration of complaints by Care Quality Commission
(1)  Where a complainant is not satisfied with the conduct or result of an investigation by a service provider regulated under this Part, he may request the Care Quality Commission to consider the complaint in accordance with regulations made under this section.
(2)  Before making regulations under this section, the Secretary of State must consult such persons as he considers appropriate."
 

Clause 35

 

EARL HOWE
BARONESS CUMBERLEGE

64*Page 17, line 38, at end insert—
"(   )  to such Local Involvement Network as the Commission considers appropriate,"
 

BARONESS BARKER
BARONESS TONGE

65Page 17, line 41, after "Trusts," insert—
"(   )  to the General Social Care Council,"
66*Page 17, line 41, at end insert—
"(   )  where the person registered as a service provider in respect of the activity is a charity, to the Charity Commission,"

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2008
18 April 2008