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

House of Lords

back to previous amendments

 

Before Clause 84

 

EARL HOWE
BARONESS CUMBERLEGE

109BInsert the following new Clause—
  "Monetary penalties: criminal proceedings and conviction
  Provision under section 38 must secure that—
(a)  in a case where a notice of intent referred to in section 39(2)(a) is served on a person—
(i)  no criminal proceedings for the relevant offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the monetary penalty pursuant to section 39(2)(b), and
(ii)  if the person so discharges liability, the person may not at any time be convicted of the relevant offence in relation to that act or omission;
(b)  in a case where a monetary penalty is imposed on a person, that person may not at any time be convicted of the relevant offence in respect of the act or omission giving rise to the penalty."
 

Clause 85

 

EARL HOWE
BARONESS CUMBERLEGE

110Page 42, line 16, at end insert—
"(   )  Any regulations made by virtue of subsection (1)(a) to (e) must require that where the Commission is of the opinion that a person is in breach of regulations made by virtue of section 16(5) it shall publish such information as may be prescribed."
 

Clause 88

 

BARONESS BARKER
BARONESS TONGE

111Page 43, line 8, after second "the" insert "trustees of the"
112Page 43, line 17, leave out "is to" and insert "may"
 

Clause 90

 

BARONESS STERN
BARONESS WILKINS
LORD LOW OF DALSTON

113Page 46, line 12, at end insert—
 ""rights" includes human rights under the Human Rights Act 1998 (c. 42);"
 

Schedule 5

 

LORD DARZI OF DENHAM

114Page 134, line 22, leave out paragraph 48 and insert—
 "48      For section 143 of the 2003 Act substitute—
  "143
(1)      The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.
(2)      The functions of the Welsh Ministers referred to in subsection (1) are—
(a)  their functions under Chapter 4 of this Part;
(b)  their functions under Chapter 6 of this Part;
(c)  their functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care Standards Act 2000;
(d)  their functions under section 80 of the Children Act 1989;
(e)  their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);
(f)  any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.
(3)      References to functions in subsection (2) do not include functions of making regulations.""
115Page 138, line 27, at end insert—
 

"Local Government Act 1999 (c. 27)

       In section 25 of the Local Government Act 1999 (co-ordination of inspections etc.), in subsection (2)(e), for "Commission for Social Care Inspection" substitute "Care Quality Commission"."
116Page 138, line 39, at end insert—
 

"Regulation of Investigatory Powers Act 2000 (c. 23)

       In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (surveillance authorisation: relevant authorities), for paragraph 20F substitute—
"20FThe Care Quality Commission.""
116APage 138, line 39, at end insert—
 

"Freedom of Information Act 2000 (c. 36)

       In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 (other public bodies and offices: general)—
(a)  omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
(b)  at the appropriate place insert—
                                     "The Care Quality Commission.""
 

Schedule 6

 

BARONESS STERN

117Page 142, line 26, at end insert—
"(3)      The OHPA shall have regard to the desirability of improving the awareness of, and training in, human rights of its members."
 

Schedule 7

 

EARL HOWE

118Page 147, line 8, leave out "General Council" and insert "OHPA"
119Page 147, line 25, leave out "General Council" and insert "OHPA"
 

LORD DARZI OF DENHAM

120Page 153, line 1, leave out "member State" and insert "relevant European State"
121Page 156, line 34, after "for" insert "the Registrar for him to refer it to"
 

Clause 95

 

BARONESS FINLAY OF LLANDAFF

122Page 47, line 8, leave out "a lay member" and insert "two lay members"
123Page 47, line 10, leave out "a professionally qualified member" and insert "two professionally qualified members"
124Page 47, line 12, after "list")," insert "at least one of whom should have relevant professional expertise,"
125Page 47, line 13, leave out paragraph (d)
126Page 47, line 14, at end insert—
"(   )  All fitness to practice panel members shall be independent of any previous investigation or proceeding concerning either the professional under investigation or an incident relating to that professional."
 

EARL HOWE

127Page 47, line 18, leave out "in specified circumstances"
 

BARONESS TONGE
LORD CARLILE OF BERRIEW
EARL HOWE

128Page 47, line 19, leave out from "96(2)(a)" to end of line 21
 

BARONESS FINLAY OF LLANDAFF

129Page 47, line 22, at end insert—
"(   )  All members and chairs of the fitness to practice panels shall be subject to performance appraisal."
 

Clause 98

 

BARONESS FINLAY OF LLANDAFF

130Page 49, line 3, leave out paragraph (b)
 

After Clause 103

 

EARL HOWE
BARONESS CUMBERLEGE

131Insert the following new Clause—
  "Duty to co-operate
  The OHPA must co-operate with the Council for Healthcare Regulatory Excellence to enable the Council to perform its functions."
 

Schedule 8

 

LORD DARZI OF DENHAM

132Page 166, line 34, leave out "and"
 

LORD TRIMBLE

133Page 166, line 35, leave out paragraph (b)
 

LORD DARZI OF DENHAM

134Page 166, line 38, at end insert "and
(c)  after paragraph (c) insert—
"(ca)  the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,"."
135Page 167, line 21, at end insert—
 "      In paragraph 5 (exercise of power so as to confer and modify functions), in paragraph (a), after "the Scottish Ministers" insert ", a Northern Ireland department"."
 

BARONESS GARDNER OF PARKES

135APage 167, line 37, leave out sub-paragraph (3) and insert—
"(3)      After sub-paragraph (2) insert—
"(2A)      An order may not provide for membership of the regulatory body to be fully appointed, or for fewer than two members of that body to be elected persons included in the register of members admitted to practice.""
 

LORD DARZI OF DENHAM

136Page 168, line 12, leave out from "to" to end of line 13 and insert "any of the following—
(a)  the Royal Pharmaceutical Society of Great Britain,
(b)  the Pharmaceutical Society of Northern Ireland, and
(c)  the Hearing Aid Council."
 

Clause 107

 

EARL HOWE
BARONESS FINLAY OF LLANDAFF

 The above-named Lords give notice of their intention to oppose the Question that Clause 107 stand part of the Bill.
 

After Clause 107

 

BARONESS GARDNER OF PARKES

137Insert the following new Clause—
  "Dentists register: non-practising dentists
(1)  The Dentists Act 1984 (c. 24) is amended as follows.
(2)  In section 15 (qualification for registration in the dentists register), after subsection (1)(a) insert—
"(aa)  any person who is a graduate or licentiate in dentistry of a dental authority who no longer practises dentistry;".
(3)  In section 19 (regulations with respect to the register)—
(a)  in subsection (1)(b) after the word "fee" insert the words ", or non-practitioners reduced fee";
(b)  in subsection (2A) for the words "a person's name" substitute "the name of a person who practises dentistry";
(c)  after subsection (2A) insert—
"(2AA)  Where the name of a person who falls within section 15(1)(aa) has been erased by virtue of failure to pay a fee prescribed under subsection (1)(b), that name shall be restored to the register on that person's application if he pays the prescribed fee.""
 

Clause 108

 

BARONESS STERN

138Page 54, line 27, after "safety" insert ", rights"
 

Clause 110

 

BARONESS FINLAY OF LLANDAFF

139Page 55, line 34, after "general)," insert —
"(a)  "
 

EARL HOWE
BARONESS CUMBERLEGE

139A*Page 55, line 40, leave out "investigating" and insert "scrutinising"
 

BARONESS FINLAY OF LLANDAFF

140Page 55, line 43, at end insert—
"(b)  after subsection (8) insert—
"(8A)  The Council shall audit the timeliness and independence of all processes in healthcare professional regulation and shall report annually to Parliament.""
 

Clause 111

 

EARL HOWE
BARONESS CUMBERLEGE

141Page 56, leave out lines 13 and 14
 

Clause 114

 

BARONESS FINLAY OF LLANDAFF

142Page 58, line 30, at end insert—
"(1A)  Any person eligible to be nominated or appointed as a responsible officer shall be registered with the General Medical Council."
 

EARL HOWE
BARONESS CUMBERLEGE

143Page 59, line 15, at end insert—
"(da)  for the evaluation of persons nominated or appointed under subsection (1) in relation to the exercise of their responsibilities,"
 

BARONESS FINLAY OF LLANDAFF

144Page 60, line 19, at end insert—
"(3A)  A designated body shall make provision for an alternative responsible officer to be appointed on an individual basis on request."
 

LORD DARZI OF DENHAM

145Page 61, leave out lines 37 to 39 and insert—
"(3)  A statutory instrument that—
(a)  contains regulations made by the Secretary of State under section 45A, and
(b)  is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
  is subject to annulment in pursuance of a resolution of either House of Parliament.
(3A)  The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
146Page 61, line 44, leave out from beginning to end of line 2 on page 62 and insert—
"(5)  A statutory rule that—
(a)  contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and
(b)  is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly,
  is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(6)  The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2008
9 May 2008