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

House of Lords

back to previous amendments

 

Clause 115

 

BARONESS FINLAY OF LLANDAFF

147Page 62, line 27, at end insert "or system failure,"
148Page 62, line 28, at end insert—
"(   )  In this section "appropriate action" shall be timely and include support and consideration for training and remediation."
 

After Clause 115

 

BARONESS FINLAY OF LLANDAFF

149Insert the following new Clause—
  "Responsible officers: pilot schemes
  Sections 114 and 115 of this Act shall not come into effect until the scheme has been successfully piloted in at least two separate geographical regions."
 

Clause 116

 

EARL HOWE

150Page 63, line 25, leave out "may" and insert "would, if the case were proved,"
 

BARONESS FINLAY OF LLANDAFF

150APage 63, line 25, leave out "may show" and insert "shows"
 

EARL HOWE

151Page 63, line 38, at end insert—
"(   )  Regulations made in relation to subsection (1)(a) or (b) shall provide that no disclosure of information under either of those paragraphs may take place without the knowledge of the health care worker to whom the information relates."
 

After Clause 117

 

LORD DARZI OF DENHAM

152Insert the following new Clause—
 "Hearing Aid Council
  Dissolution of Hearing Aid Council
(1)  The Hearing Aid Council is dissolved.
(2)  The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council (Extension) Act 1975 (c. 39) cease to have effect.
(3)  An order under section 162(2) may not appoint a day for the coming into force of—
(a)  subsection (1), or
(b)  subsection (2), so far as relating to the profession mentioned in section 60(2)(ca) of the Health Act 1999 (c. 8),
  unless the following conditions are met.
(4)  Those conditions are—
(a)  that an Order in Council under section 60 of the Health Act 1999 (regulation of health care and associated professions) has made provision by virtue of subsection (2)(ca) of that section (regulation of dispensers of hearing aids), and
(b)  that the day appointed under section 162(2) is not earlier than the day on which the Order in Council, so far as making such provision, comes into force.
(5)  The Secretary of State may by order make provision for the transfer of property, rights and liabilities of the Hearing Aid Council to any relevant regulatory body or to the Secretary of State.
(6)  For that purpose a "relevant regulatory body" is any body which under an Order in Council under section 60 of the Health Act 1999 is responsible for the regulation of the profession mentioned in subsection (2)(ca) of that section."
 

Schedule 9

 

EARL HOWE
BARONESS CUMBERLEGE

153Page 169, line 30, leave out "any description of social care worker" and insert "social care workers of any description"
 

BARONESS STERN

154Page 169, line 36, at end insert—
"(   )  awareness of, and training in, human rights;"
 

LORD DARZI OF DENHAM

155Page 170, line 42, after "State" insert "appropriate"
156Page 171, line 16, after "Ministers" insert "appropriate"
 

Clause 119

 

BARONESS FINLAY OF LLANDAFF

 Baroness Finlay of Llandaff gives notice of her intention to oppose the Question that Clause 119 stand part of the Bill.
 

Clause 120

 

BARONESS STERN

157Page 66, line 6, at end insert—
"(   )  The appropriate Minister shall by regulations make provision in relation to awareness of, and training in, human rights in accordance with this section."
 

Schedule 10

 

LORD DARZI OF DENHAM

158Page 174, line 28, at end insert—
 "      In section 26 of the 2002 Act (powers and duties of the Council: general), in subsection (3)(a), after "officer of the body," insert "or before the Office of the Health Professions Adjudicator,"."
159Page 175, line 33, at end insert—
 

"National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)

       In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—
(a)  for "Council for the Regulation of Health Care Professionals" substitute "Council for Healthcare Regulatory Excellence", and
(b)  at the appropriate place insert—
     "Office of the Health Professions Adjudicator;"."
     

    Clause 122

     

    BARONESS STERN

    160Page 66, line 37, at end insert—
     ""rights" include human rights under the Human Rights Act 1998 (c. 42)."
     

    Clause 123

     

    EARL HOWE
    BARONESS CUMBERLEGE

    161Page 68, leave out lines 15 to 17
    162Page 68, line 26, after "a" insert "significant"
     

    BARONESS STERN

    163Page 68, line 46, leave out from "unless" to "the" in line 1 on page 69
    164Page 69, line 2, at end insert "and to the risk or threat to public health the regulations seek to address"
    165Page 69, line 9, at end insert "and to the risk or threat to public health the regulations seek to address"
    166Page 69, line 12, at end insert—
      "(3A)  Regulations under section 45C may enable the imposition of a special restriction or requirement mentioned in section 45G(2)(a), (b), (c) or (d) subject to the requirements of subsection (4)."
    167Page 70, line 13, at end insert—
      "(5A)  Regulations under section 45C which impose a special restriction or requirement on or in relation to a person, thing or premises—
      (a)  shall remain in force for no more than six months,
      (b)  may be renewed, and
      (c)  lapse when they are no longer necessary or proportionate to meet the serious and imminent threat to which they were made in response.
      (5B)  Regulations under section 45(C) which enable the imposition of a special restriction or requirement mentioned in section 45(G)(2)(c) or (d) shall provide that those special restrictions or requirements—
      (a)  shall remain in force for no more than 14 days,
      (b)  that period may be extended by further order of a justice of the peace,
      (c)  the necessity and proportionality of the special restriction or requirement mentioned in section 45G(2)(c) or (d) shall be subject to automatic review by a justice of the peace every 7 days, after the expiry of the initial period of the order,
      (d)  the appropriate Minister may by regulations prescribe the maximum period of any extension under paragraph (b)."
    168Page 70, line 19, after "review" insert "by a magistrates' court"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    169Page 70, line 28, at end insert—
    "(ba)  the infection or contamination is of a kind which may be transmitted from person to person through casual contact with a person, a thing or premises,"
    170Page 70, line 29, after "a" insert "significant"
    171Page 70, line 36, leave out "or other suitable establishment"
    172Page 70, line 37, leave out "isolation or"
     

    BARONESS STERN
    EARL OF ONSLOW

    173Page 71, line 3, at end insert—
      "(2A)  A justice of the peace may make an order under subsection (2) which involves the detention, isolation or quarantine of P only if the justice is satisfied that no other restriction or requirements which are capable of being imposed under subsection (2) would be capable of reducing or removing the risk to public health."
    174Page 71, line 26, at end insert—
      "(7A)  Regulations made under subsection (7) shall include a requirement that the evidence available to the justice of the peace must include objective medical evidence of the necessity for the order."
     

    BARONESS BARKER
    BARONESS TONGE

    175Page 71, line 31, at end insert—
      "(8A)  All orders made in accordance with subsection (1) shall be centrally reported to an appropriate monitoring body as specified by the Secretary of State."
    175APage 71, line 32, leave out "things" and insert "fomites"
    175BPage 71, line 33, leave out "A justice of the peace" and insert "An authorised officer"
    175CPage 71, line 33, leave out "an order" and insert "a notice"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    176Page 71, line 38, after "a" insert "significant"
     

    BARONESS BARKER
    BARONESS TONGE

    176APage 71, leave out lines 42 and 43 and insert—
      "(2)  The officer may by notice (to be referred to as a "section 45H(2) notice") served on the owner or the persons having custody or control of the thing impose the following restrictions or requirements—"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    177Page 71, leave out line 47
     

    BARONESS BARKER
    BARONESS TONGE

    177APage 72, leave out lines 1 and 2 and insert—
      "(   )  The officer may by notice (to be referred to as a "section 45H(3) notice") require in relation to a thing the matters specified in subsection (4) if he is satisfied that—"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    178Page 72, line 6, after first "a" insert "significant"
     

    BARONESS BARKER
    BARONESS TONGE

    178APage 72, line 10, leave out "order" and insert "notice"
    178BPage 72, line 16, at end insert—
      "(4A)  If a magistrates' court is satisfied, on the application of an officer, that the article is infected or contaminated, the court shall, by an order (to be known as the section 45H order) impose the appropriate restrictions or requirements.
      (4B)  Such an officer shall not apply for an order unless, at least one day before the date of the application, he has served notice on the owner or the person having custody or control of the thing of his intention to apply for the order.
      (4C)  As soon as practicable after the service of a notice, the local authority shall affix a copy of the section 45H(2) notice in a conspicuous position on such premises used for the purposes of storage of the thing as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
      (4D)  As soon as practicable after the making of a section 45H order, the local authority shall—
      (a)  serve a copy of the order on the owner or the person having custody or control of the thing; and
      (b)  affix a copy of the order in a conspicuous position on such premises used for the purposes of storage of the thing as they consider appropriate; and any person who knowingly contravenes such an order shall be guilty of an offence.
      (4E)  A section 45H(2) notice shall cease to have effect—
      (a)  if no application for a section 45H order is made within the period of three days beginning with the service of the notice, at the end of that period;
      (b)  if such an application is so made, on the determination or abandonment of the application.
      (4F)  A section 45H(2) notice or order shall cease to have effect on the issue by the authority of a certificate to the effect that they are satisfied that the owner or the person having custody or control of the thing has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the thing.
      (4G)  The local authority shall issue a certificate under subsection (4F) within three days of their being satisfied as mentioned in that subsection; and on an application by the owner or the person having custody or control for such a certificate, the authority shall—
      (a)  determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
      (b)  if they determine that they are not so satisfied, give notice to the owner or the person having custody or control of the reasons for that determination.
      (4H)  Where a section 45H(2) notice is served on the owner or the person having custody or control of the thing, the local authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—
      (a)  an application for a section 45H order is made within the period of three days beginning with the service of the notice;
      (b)  the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the thing at the time when the notice was served; and
      (c)  any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration."
    178CPage 72, line 28, leave out "a justice of the peace before the justice" and insert "the officer before the officer"
    178DPage 72, line 38, leave out "A justice of the peace" and insert "An authorised officer"
    178EPage 72, line 38, leave out "an order" and insert "a notice"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    179Page 72, line 43, after "a" insert "significant"
     

    BARONESS BARKER
    BARONESS TONGE

    179APage 73, leave out lines 1 and 2 and insert—
      "(2)  The officer may by notice (to be referred to as a "section 45I(2) notice") served on the owner or any occupier of the premises impose in relation to the premises one or more of the following restrictions or requirements—"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    180Page 73, leave out lines 7 and 8
     

    BARONESS BARKER
    BARONESS TONGE

    180APage 73, leave out lines 9 and 10 and insert—
      "(   )  The officer may by notice (to be referred to as a "section 45I(3) notice") require in relation to premises the matters specified in subsection (4) if he is satisfied that—"
    180BPage 73, line 9, leave out "an order" and insert "a notice"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    181Page 73, line 16, after first "a" insert "significant"
     

    BARONESS BARKER
    BARONESS TONGE

    181APage 73, line 23, at end insert—
      "(4A)  If a magistrates' court is satisfied, on the application of such an officer, that the premises is infected or contaminated, the court shall, by an order (to be known as the section 45I order) impose the appropriate restrictions or requirements.
      (4B)  Such an officer shall not apply for an order unless, at least one day before the date of the application, he has served notice on the owner or any occupier of the premises of his intention to apply for the order.
      (4C)  As soon as practicable after the service of a section 45I(2) notice, the local authority shall affix a copy of the notice in a conspicuous position on the premises as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
      (4D)  As soon as practicable after the making of a section 45I order, the local authority shall—
      (a)  serve a copy of the order on the owner or any occupier of the premises; and
      (b)  affix a copy of the order in a conspicuous position on the premises as they consider appropriate; and any person who knowingly contravenes such an order shall be guilty of an offence.
      (4E)  A section 45I(2) notice shall cease to have effect—
      (a)  if no application for a section 45I order is made within the period of three days beginning with the service of the notice, at the end of that period;
      (b)  if such an application is so made, on the determination or abandonment of the application.
      (4F)  A section 45I(2) notice or order shall cease to have effect on the issue by the authority of a certificate to the effect that they are satisfied that the owner or any occupier of the premises has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the premises.
      (4G)  The local authority shall issue a certificate under subsection (4F) within three days of their being satisfied as mentioned in that subsection; and on an application by the owner or any occupier of the premises for such a certificate, the authority shall—
      (a)  determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
      (b)  if they determine that they are not so satisfied, give notice to the owner or any occupier of the premises the reasons for that determination.
      (4H)  Where a section 45I(2) notice is served on the owner or any occupier of the premises the local authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—
      (a)  an application for a section 45I order is made within the period of three days beginning with the service of the notice;
      (b)  the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the premises at the time when the notice was served; and
      (c)  any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration."
    181BPage 73, line 43, leave out "a justice of the peace before the justice" and insert "the officer before the officer"
     

    EARL HOWE
    BARONESS CUMBERLEGE

    182Page 74, leave out lines 27 to 30
     

    BARONESS MURPHY

    183Page 75, line 2, at end insert—
      "(9)  The appropriate local authority shall make such arrangements as it considers reasonable to enable persons, to be known as "independent advocates", to be available to help qualifying persons subject to Part 2A orders."
     

    EARL HOWE
    BARONESS CUMBERLEGE

    184Page 75, line 8, after "(1)" insert "or (2)"
    185Page 75, line 9, leave out "28" and insert "seven"
     

    BARONESS STERN
    EARL OF ONSLOW

    186Page 75, line 9, leave out "28" and insert "14"
    187Page 75, line 9, at end insert—
      "(3A)  In relation to any other restriction or requirement, the period specified under subsection (1) must not exceed 28 days."
    188Page 75, leave out lines 11 to 13
     

    EARL HOWE
    BARONESS CUMBERLEGE

    189Page 75, line 11, leave out from beginning to "the" in line 16
     

    BARONESS STERN

    190Page 75, line 16, at end insert—
      "(5)  The necessity or proportionality of the restrictions or requirements mentioned in section 45G(2)(c) or (d) shall be subject to review by a justice of the peace every 7 days, after the expiry of the initial period of the order."
     

    EARL HOWE
    BARONESS CUMBERLEGE

    191Page 75, line 30, at end insert—
      "(4A)  A hearing conducted under subsection (4) shall be heard within two working days of the application being made."
    192Page 76, line 12, at end insert—
      "45MALocal authorities: additional duties
        An application made by a local authority for a Part 2A order, or any decision pursuant to such an application, must be reported by the authority to the Health Protection Agency within 24 hours of the application or decision."
     

    LORD DARZI OF DENHAM

    193Page 77, line 25, leave out "or"
    194Page 77, line 26, at end insert "or
    (d)  the first regulations to be made under section 45N."
     

    BARONESS STERN
    EARL OF ONSLOW

    195Page 77, line 26, at end insert ", or
    (d)  regulations under section 45L(4)."
    196Page 77, leave out lines 27 to 34
     

    LORD DARZI OF DENHAM

    197Page 77, line 43, after "If" insert "an instrument or"
     

    BARONESS STERN
    EARL OF ONSLOW

    198Page 78, line 23, leave out "28" and insert "seven"
    199Page 78, line 34, at end insert—
      "(5A)  If each House of Parliament passes a resolution that an instrument made in accordance with subsection (2) shall have effect with a specified amendment, the instrument shall have effect as amended, with effect from—
      (a)  such time, after the passing of the resolutions, as may be specified in them, or
      (b)  if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed)."
    200Page 78, line 35, leave out "28" and insert "seven"
    201Page 78, line 37, leave out from "dissolved" to end of line 38
    202Page 78, line 40, leave out from "dissolved" to end of line 41
    203Page 78, line 41, at end insert—
      "(6A)  The provisions of section 28 of the Civil Contingencies Act 2004 apply to an instrument made in accordance with subsection (2) in like manner as they apply to emergency regulations under that Act."

 
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