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Health and Social Care Bill


FOURTH
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 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 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."
 

BARONESS BARKER
BARONESS TONGE

54A*Page 8, line 39, at end insert—
"(   )  The functions of the Commission in relation to health care acquired infections shall be adequately and separately funded by the Secretary of State."
 

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 18

 

BARONESS BARKER
BARONESS TONGE

55A*Page 9, line 13, at end insert "including those who use care services, local authorities, private and voluntary sector social care providers"
 

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.
(   )  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."
 

Clause 34

 

BARONESS BARKER
BARONESS TONGE

62A*Page 17, line 17, after "available" insert "in electronic form"

 
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2 May 2008