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Health and Social Care Bill


SEVENTH
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 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 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

139APage 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.
(5A)  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."
 

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"
 

EARL OF ONSLOW

164APage 69, line 6, leave out from "requirement" to first "is" in line 8
 

BARONESS STERN

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)."
 

BARONESS BARKER

 

BARONESS MURPHY

 

EARL HOWE

166APage 69, line 37, leave out "and other persons"
 

BARONESS STERN

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."
 

EARL HOWE

 

BARONESS CUMBERLEGE

173A*Page 71, line 9, after first "a" insert "significant"
 

BARONESS STERN

 

EARL OF ONSLOW

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."
 

EARL HOWE

 

BARONESS CUMBERLEGE

188Page 75, leave out lines 11 to 13
 

BARONESS STERN

 

EARL OF ONSLOW

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."

 
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20 May 2008