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

House of Lords

back to previous amendments

 

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"
 

EARL HOWE
BARONESS CUMBERLEGE

57APage 13, line 27, leave out subsection (4)
 

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"
 

Clause 43

 

EARL HOWE
BARONESS CUMBERLEGE

79Page 21, line 26, leave out "for approval"
80Page 21, line 28, leave out "with the approval of the Secretary of State"
81Page 21, line 30, leave out from "document" to "as" in line 31
 

Clause 44

 

BARONESS BARKER
BARONESS TONGE
BARONESS HOWARTH OF BRECKLAND
BARONESS MEACHER

82Page 21, line 33, leave out subsection (1) and insert—
"(1)  The Commission has the function of carrying out special reviews or investigations, and must carry out any specific review or investigation requested by the Secretary of State."
 

BARONESS BARKER
BARONESS TONGE

83Page 21, line 34, at end insert "or as a subsequent action after such unique allocations of budget for specific use as made from time to time by the Secretary of State"
 

LORD WARNER
BARONESS MURPHY

84Page 21, line 37, after "the" insert "commissioning and"
 

EARL HOWE
BARONESS CUMBERLEGE

85Page 21, line 37, after "the" insert "commissioning or"
 

LORD WARNER
BARONESS MURPHY

86Page 22, line 1, after "overall" insert "commissioning and"
 

BARONESS BARKER
BARONESS TONGE

87Page 22, line 7, at end insert—
"(   )  to any other matter that, in the opinion of the Commission, is relevant to any of the regulatory objectives."
 

EARL HOWE
BARONESS CUMBERLEGE
BARONESS MEACHER

88Page 22, line 7, at end insert—
"(   )  to the implementation of guidance and technology appraisals produced by the National Institute for Health and Clinical Excellence."
 

BARONESS BARKER
BARONESS TONGE
BARONESS FINLAY OF LLANDAFF
EARL HOWE

89Page 22, line 9, at end insert "and may make recommendations to the Secretary of State or an English NHS body on any matter arising in that report"
 

BARONESS BARKER
BARONESS TONGE

90Page 22, line 9, at end insert—
"(   )  The Commission shall commence its functions under this section on the same day that the Commission commences its functions under section 2."
 

LORD WARNER
BARONESS MURPHY

91Page 22, line 16, at end insert—
"(   )  a Primary Care Trust."
 

EARL HOWE
BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill.
 

After Clause 45

 

EARL HOWE
BARONESS CUMBERLEGE

92Insert the following new Clause—
  "Failings by English NHS providers
(1)  This section applies where the Commission conducts a review under section 42 or 45, or a review or investigation under section 44, in respect of an English NHS provider.
(2)  If the Commission considers that the English NHS provider is failing to discharge any of its functions to an acceptable standard, then subject to subsection (3) the Commission must—
(a)  inform the Secretary of State of the fact, and
(b)  recommend any special measures which it considers the Secretary of State should take.
(3)  If the Commission considers that the failure is not substantial, it may instead—
(a)  give the English NHS provider a notice under subsection (4), and
(b)  inform the Secretary of State that it has done so.
(4)  A notice under this subsection is a notice which specifies—
(a)  the respects in which the Commission considers that the English NHS provider is failing,
(b)  the action which the Commission considers the English NHS provider should take to remedy the failure, and
(c)  the time by which the Commission considers the action should be taken.
(5)  If the Commission recommends that the Secretary of State should take special measures in relation to the English NHS provider, the Commission must, if the Secretary of State so requests—
(a)  conduct a further review under section 44 in relation to the English NHS provider, and
(b)  include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify."

 
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30 April 2008