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

House of Lords

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Clause 16

 

BARONESS STERN
BARONESS WIKLKINS
LORD LOW OF DALSTON

41Page 7, line 28, leave out "may" and insert "shall"
 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

42Page 7, line 32, after "safety" insert ", rights"
 

EARL HOWE
BARONESS CUMBERLEGE

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

BARONESS KNIGHT OF COLLINGTREE
BARONESS MASHAM OF ILTON
LORD CARLILE OF BERRIEW

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

EARL HOWE
BARONESS CUMBERLEGE

49Page 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)."
 

BARONESS BARKER
BARONESS TONGE

53APage 8, line 11, at end insert—
"(   )  impose requirements on registered social care service providers to comply with codes of practice issued by the General Social Care Council under section 62(1)(b) of the Care Standards Act 2000 (c. 14) (codes of practice)."
 

BARONESS JONES OF WHITCHURCH

53BPage 8, line 15, at end insert—
"(   )  Regulations made under this section by virtue of subsection (3)(k) may in particular include provision as to the handling of complaints from those with no access to the Health Service Ombudsman and the Local Government Ombudsman, and to the implementation of recommendations arising from complaints to the Health Service Ombudsman and the Local Government Ombudsman."
 

EARL HOWE
BARONESS CUMBERLEGE

54Page 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

55Insert 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

56Page 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 ", and
(   )  any requirements to implement recommendations from the Health Service Ombudsman."
 

BARONESS JONES OF WHITCHURCH

58APage 13, line 42, at end insert ", and
(c)  any requirements to implement recommendations from the Local Government Ombudsman."
 

Clause 26

 

EARL HOWE
BARONESS CUMBERLEGE

59Page 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

60Page 15, line 37, leave out from "offence" to end of line 38
61Page 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

62Page 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.
 

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
BARONESS WILKINS

64Page 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,"
66Page 17, line 41, after "Trusts," insert—
"(   )  where the person registered as a service provider in respect of the activity is a charity, to the Charity Commission,"
 

Clause 38

 

EARL HOWE
BARONESS CUMBERLEGE

67Page 18, line 38, leave out from "in" to end of line 39 and insert "a case where—
(i)  a sole person has been registered under this Chapter as a service provider in respect of a regulated activity, and
(ii)  the person has died;"
 

Clause 41

 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

68Page 20, line 5, leave out "may" and insert "shall"
 

LORD WARNER
BARONESS MURPHY
EARL HOWE

69Page 20, line 6, after "the" insert "commissioning and"
 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

70Page 20, line 6, leave out "NHS" and insert "health care and social"
 

EARL HOWE
BARONESS CUMBERLEGE
BARONESS MEACHER

71Page 20, line 6, at end insert—
"(   )  Such standards shall in particular include guidance and technology appraisals produced by the National Institute for Health and Clinical Excellence."
 

After Clause 41

 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

72Insert the following new Clause—
  "Health and social care standards: content
(1)  Standards set by the Secretary of State under section 41 shall—
(a)  expressly state that all persons for whom health or social care services are provided are entitled to respect for their rights and that service providers (registered in accordance with Chapter 2) have a responsibility to respect such rights;
(b)  require that service providers respect the rights of persons for whom health or social care services are provided;
(c)  require that service providers provide their staff, whether employed directly or indirectly, with appropriate education and training in relation to respecting the rights of service users;
(d)  require service providers to specify and publish the procedures for making a complaint by any person about a regulated activity;
(e)  require service providers to put in place appropriate procedures for ensuring that any person who is aware of any failure to respect any other person's rights in relation to a regulated activity being conducted by that service provider to report such a failure to a designated person;
(f)  require service providers to ensure that, where any person is being discharged from a health care service to a social care service regulated under this Part, the rights of such persons are fully respected; and
(g)  require service providers to disseminate the standards set under this Part which are applicable to them to users of their services.
(2)  The Secretary of State may prepare and publish statements of standards in relation to the provision of health care and social care dealing with matters other than those listed in subsection (1).
(3)  In this section, a "designated person" is a person designated by a provider of health or social care services to receive and resolve complaints."
 

Clause 42

 

LORD WARNER
BARONESS MURPHY
EARL HOWE
BARONESS CUMBERLEGE

73Page 20, line 27, after first "the" insert "commissioning and"
 

BARONESS BARKER
BARONESS TONGE

74Page 20, line 27, after second "of" insert "health promotion and"
 

EARL HOWE
BARONESS CUMBERLEGE

75Page 20, line 31, leave out "NHS provider" and insert "provider of NHS care"
 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

76Page 21, line 2, after "quality" insert "including, without limitation, respect for the rights of any person"
 

EARL HOWE
BARONESS CUMBERLEGE

77Page 21, line 2, leave out "devise or"
78Page 21, line 13, leave out "devised or"

 
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28 April 2008