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Health and Social Care Bill


SIXTH
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 50 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 50

 

BARONESS BARKER
BARONESS TONGE

101APage 25, line 21, leave out "may undertake or promote" and insert "has the function of undertaking or promoting"
 

EARL HOWE
BARONESS CUMBERLEGE

101BPage 25, line 46, at end insert—
"(6)  The reference in subection (1) to improving economy, efficiency and effectiveness shall include in particular—
(a)  financial savings likely to be generated as a result of the recommendations,
(b)  economic gains likely to arise as a result of the recommendations, and
(c)  improvements in the effectiveness of patient care likely to arise as a result of the recommendations, in so far as such improvements take advantage of medical technology."
 

After Clause 51

 

EARL HOWE
BARONESS CUMBERLEGE

102Insert the following new Clause—
  "Competition between commissioners or providers of health care
(1)  Regulations may make provision for the Commission to undertake or promote comparative or other studies designed to enable it to make recommendations—
(a)  for establishing principles and rules relating to competition between different commissioners or providers of health care; or
(b)  for promoting transparency and fairness in such competition.
(2)  Any such regulations may provide for the publication of studies undertaken by the Commission and of recommendations arising from them.
(3)  Any such regulations must provide for the Secretary of State to have regard to the recommendations of the Commission under this section."
 

Clause 56

 

LORD WARNER
BARONESS MURPHY
EARL HOWE

103Page 27, line 36, after "the" insert "commissioning and"
 

Clause 57

 

EARL HOWE
BARONESS CUMBERLEGE

103ZAPage 28, leave out line 8 and insert—
"(1)  The Commission shall determine—"
 

BARONESS JONES OF WHITCHURCH

103APage 28, line 26, at end insert—
"(   )  The Secretary of State may, after consulting the Commission, by regulations make provision specifying conditions which would result in additional inspections for the purposes of the Commission's functions under Chapter 2."
 

After Clause 58

 

BARONESS MEACHER

104Insert the following new Clause—
  "Entry and inspection: lay inspectors
(1)  Persons authorised by the Commission to enter and inspect any premises shall include lay inspectors.
(2)  In this section "lay inspectors" means persons not trained in the profession or employed in the service being inspected."
 

Clause 65

 

LORD DARZI OF DENHAM

105Page 32, line 26, at end insert—
"(   )  The Commission and the Welsh Ministers may share information with each other for the purposes of subsection (1)."
 

Clause 66

 

BARONESS MURPHY
BARONESS MEACHER
EARL HOWE

106Page 32, line 45, at end insert—
"(4)  Where the Commission serves a warning notice on a registered service provider that is an NHS foundation trust or on a registered manager of an NHS foundation trust, it must, as soon as practicable afterwards, provide a copy of the warning notice to the Independent Regulator together with its recommendations, if any, for the appropriate action to be taken by the NHS foundation trust to rectify the failures.
(5)  Where the Commission has provided a copy of a warning notice to the Independent Regulator pursuant to subsection (4)—
(a)  the Independent Regulator shall take all necessary and reasonable steps to ensure that the NHS foundation trust rectifies the failures set out in the warning notice in accordance with any requirements set out in the warning notice, including if necessary by using its statutory powers of intervention; and
(b)  where the NHS foundation trust fails to comply with the requirements, if any, of the warning notice (whether or not the Independent Regulator has used its statutory powers of intervention) the Commission shall only be entitled to—
(i)  exercise its powers under section 13 (cancellation of registration) or 14 (suspension of registration),
(ii)  take proceedings under section 29 (failure to comply with conditions), or
(iii)  take any other action against the NHS foundation trust in respect of the failure,
  with the prior approval of the Independent Regulator.
(6)  The Commission shall not serve a notice under section 27 (urgent procedure for variation, suspension etc.) on a registered service provider that is an NHS foundation trust or on a registered manager of an NHS foundation trust without the prior approval of the Independent Regulator.
(7)  Where the Commission serves a notice under section 27, it will as soon as practicable afterwards provide a copy of the notice to the Independent Regulator.
(8)  For the avoidance of doubt, nothing in this section shall affect the powers of the Commission under section 26 (urgent procedure for cancellation)."
 

Clause 77

 

EARL HOWE
BARONESS CUMBERLEGE

107Page 37, line 33, leave out subsection (2)
 

Clause 79

 

BARONESS BARKER
BARONESS TONGE
BARONESS HOWARTH OF BRECKLAND

108Page 38, line 23, at end insert—
"(   )  the extent to which, in the Commission's opinion, the Commission has taken into account the views and experiences of people who use healthcare and adult social care services and their families and carers, in exercising its functions,
(   )  the extent to which, in the Commission's opinion, it has acted upon the advice of the Children and Adult Rights Director given to it under paragraph 5(2) of Schedule 1,"
 

BARONESS BARKER
BARONESS TONGE
EARL HOWE

109Page 38, line 26, at end insert—
"(   )  the extent to which, in the Commission's opinion, the Commission has met the regulatory objectives."
 

After Clause 83

 

EARL HOWE
BARONESS CUMBERLEGE

109AInsert the following new Clause—
  "Monetary penalties: procedure
(1)  Provision under section 82 must secure the results in subsection (2).
(2)  Those results are that—
(a)  where the Commission proposes to impose a monetary penalty on a person ("P"), the Commission must serve on that person a notice of what is proposed (a "notice of intent") which complies with subsection (3).
(b)  the notice of intent must offer P the opportunity to discharge P's liability for the monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),
(c)  if P does not so discharge liability—
(i)  P may make written representations and objections to the Commission in relation to the proposed imposition of the monetary penalty, and
(ii)  the Commission must at the end of the period for making representations and objections decide whether to impose the monetary penalty,
(d)  where the Commission decides to impose the monetary penalty, the notice imposing it ("the final notice") must comply with subsection (5), and
(e)  P may appeal against the decision to impose the monetary penalty.
(3)  To comply with this subsection the notice of intent must include information as to—
(a)  the grounds for the proposal to impose the monetary penalty,
(b)  the effect of payment of the sum referred to in subsection (2)(b),
(c)  the right to make representations and objections,
(d)  the circumstances in which the Commission may not impose the monetary penalty,
(e)  the period within which liability to the monetary penalty may be discharged, which shall not exceed the period of 28 days beginning with the day on which the notice of intent was received, and
(f)  the period within which representations and objections may be made, which shall not exceed the period of 28 days beginning with the day on which the notice of intent was received.
(4)  Provision pursuant to subsection (2)(c)(ii)—
(a)  must secure that the Commission may not decide to impose a monetary penalty on a person where the Commission is satisfied that the person would not, by reason of any defence, be liable to be convicted of the relevant offence, and
(b)  may include provision for other circumstances in which the Commission may not decide to impose a monetary penalty.
(5)  To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—
(a)  the grounds for imposing the penalty,
(b)  how payment may be made,
(c)  the period within which payment must be made,
(d)  any early payment discounts or late payment penalties,
(e)  rights of appeal, and
(f)  the consequences of non-payment.
(6)  Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the Commission include the following—
(a)  that the decision was based on an error of fact,
(b)  that the decision was wrong in law,
(c)  that the decision was unreasonable."
 

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—

 
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13 May 2008