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Health and Social Care Bill


THIRD
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—

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.

 

Clause 2

 

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

21APage 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)."
 

EARL HOWE
BARONESS CUMBERLEGE
BARONESS WILKINS
LORD RAMSBOTHAM

 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;"
 

Clause 14

 

EARL HOWE
BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 Stand part of the Bill.
 

Clause 16

 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

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

 
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©Parliamentary copyright 2008
30 April 2008