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Health and Social Care Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st April 2008, as follows—

Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 48
Schedule 3
Clauses 49 to 62
Schedule 4
Clauses 63 to 91
Schedule 5
Clauses 92 and 93
Schedule 6
Clause 94
Schedule 7
Clauses 95 to 106
Schedule 8
Clauses 107 to 118
Schedule 9
Clauses 119 to 121
Schedule 10
Clauses 122 to 124
Schedule 11
Clauses 125 to 134
Schedule 12
Clauses 135 to 139
Schedule 13
Clauses 140 to 152
Schedule 14
Clauses 153 to 158
Schedule 15
Clauses 159 to 165

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 1

 

LORD LIPSEY
LORD LOW OF DALSTON

7Page 111, line 13, at beginning insert "Subject to sub-paragraphs (1A) and (1B),"
8Page 111, line 14, at end insert—
    "(1A)  The Secretary of State shall set the salary of the chair of the Commission following a full job evaluation carried out by appropriate experts.
    (1B)  The salary shall not be less than the salary which was, prior to the passing of this Act, paid to the chair of the Health Commission."
 

BARONESS BARKER
BARONESS HOWARTH OF BRECKLAND

9Page 111, line 27, at end insert—
    "(   )  The Commission must also appoint a Children and Adult Rights Director, who is to be an employee of the Commission, who must—
    (a)  advise the Commission on the carrying out of its functions in relation to its regulatory objective under section (The regulatory objectives) (e),
    (b)  advise the Commission on how to embed human rights values throughout the work and activities of the Commission, and
    (c)  carry out such other duties as the Commission may direct."
 

BARONESS FINLAY OF LLANDAFF
EARL HOWE
BARONESS WILKINS
BARONESS CAMPBELL OF SURBITON

10Page 111, line 43, at end insert—
"(   )      The Commission must appoint an advisory committee ("the Service User Panel") made up of people who are or have recently been users of relevant services, including their families and carers, for the purpose of giving advice or information to it about matters connected with its functions.
(   )      The Commission must have regard to advice and information given to it by the Service User Panel.
10                (   )         The arrangements must include the establishment and maintenance of        such a panel."
 

BARONESS CAMPBELL OF SURBITON
BARONESS WILKINS
BARONESS FINLAY OF LLANDAFF
[As an amendment to amendment 10]

11Line 10, at end insert—
    "(   )  The Secretary of State shall appoint a member of the Commission, who must be or recently have been a relevant service user, to chair the Service User Panel."
 

Clause 2

 

LORD HARRIS OF HARINGEY

12Page 2, line 1, at end insert—
"(   )  The Commission shall have the general duty to encourage the provision of health and social care services that are safe, are of high quality and meet the needs of service users."
13Page 2, line 6, at end insert—
"(   )  In performing its functions in respect of the public, patients and users of healthcare and social care services, the Commission shall act in such a way as to—
(a)  protect and promote their interests, health, safety and well-being,
(b)  involve them in all aspects of its work, and
(c)  inform them about standards of service provision."
 

BARONESS BARKER

14Page 2, line 7, leave out subsections (3) to (5)
 

BARONESS BARKER
BARONESS MASHAM OF ILTON
EARL HOWE

15Page 2, line 8, leave out paragraphs (a) and (b) and insert—
"(a)  the need to engage with service users and members of the public through appropriate mechanisms and channels, about activities to which the functions relate,
(b)  the views and experiences of service users and members of the public in relation to such activities,"
 

EARL HOWE
BARONESS CUMBERLEGE
BARONESS WILKINS

16Page 2, line 8, after "public" insert "(including in particular local involvement networks)"
 

LORD HARRIS OF HARINGEY
BARONESS WILKINS

17Page 2, line 9, at end insert—
"(   )  any comments or views expressed through any local involvement network established under section 221 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (health services and social services: local involvement networks) that the Commission considers to be relevant to the activities to which the functions relate,"
 

BARONESS STERN
LORD LOW OF DALSTON
BARONESS WILKINS

18Page 2, line 11, at end insert—
"(   )  the extent to which complaints about the provision of health and social care by members of the public, in particular users of health and social care services, are adequately dealt with by the bodies which it regulates,"
19Page 2, line 16, at end insert—
"(   )  the need to improve the range and quality of information provided by health care and social care services to users of those services about their rights,"
20[Re-tabled as amendment 21A]
 

EARL HOWE
BARONESS CUMBERLEGE

21Page 2, line 20, at end insert—
"(   )  the need to provide equity of access to medicines and other therapeutic treatments through the consistent application of guidance and technology appraisals produced by the National Institute for Health and Clinical Excellence."
 

LORD HARRIS OF HARINGEY
BARONESS WILKINS

21A*Page 2, line 20, at end insert—
"(   )  To assist it in performing its functions, the Commission shall cause to be prepared and published no less frequently than once in each year reports that—
(a)  summarise the comments and views expressed through local involvement networks established under section 221 of the Local Government and Public Involvement in Health Act 2007 (c. 28) that relate to the activities to which the functions relate, and
(b)  consider the effectiveness in each local authority area of the arrangements under that section."
 

EARL HOWE
BARONESS CUMBERLEGE
LORD LOW OF DALSTON

22Page 2, line 21, leave out subsection (4)
 

BARONESS STERN
LORD LOW OF DALSTON
BARONESS WILKINS

23Page 2, line 26, after second "the" insert "rights and"
 

BARONESS BARKER
BARONESS TONGE
EARL HOWE
BARONESS CUMBERLEGE

24Page 2, line 29, at end insert ", and
(   )  the promotion of sustainable development in relation to such activities."
 

LORD LIPSEY
LORD LOW OF DALSTON

25Page 2, line 29, at end insert—
"(6)  The Commission shall establish a sub-commission responsible for health and mental health.
(7)  The Commission shall establish a sub-commission responsible for social care.
(8)  The sub-commissions established in accordance with subsections (6) and (7) shall be chaired by a non-executive member of the Commission.
(9)  The sub-commission responsible for social care shall comprise non-executive members only."
 

EARL HOWE
BARONESS CUMBERLEGE
BARONESS WILKINS

26Page 2, line 29, at end insert—
(   )  For the purposes of this Part, "local involvement network" has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007 (c. 28)."
 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

After Clause 2

 

BARONESS MEACHER
LORD PATEL OF BRADFORD
BARONESS WILKINS

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
BARONESS WILKINS

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

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

34Page 3, line 13, after second "care" insert "(whether for the treatment of ill health or for the promotion of good health)"
35Page 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;"

 
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©Parliamentary copyright 2008
28 April 2008