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Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 10th June 2008, as follows—

Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
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 119
Schedule 9
Clauses 120 to 122
Schedule 10
Clauses 123 to 125
Schedule 11
Clauses 126 to 135
Schedule 12
Clauses 136 to 141
Schedule 13
Clauses 142 to 154
Schedule 14
Clauses 155 to 160
Schedule 15
Clauses 161 to 167

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

LORD LIPSEY

 

LORD RAMSBOTHAM

1Page 1, line 9, at end insert—
"(2A)  Subsections (1) and (2) shall not have effect until the Secretary of State has made a statutory instrument containing an order to that effect.
(2B)  A statutory instrument shall not be made under subsection (1) unless—
(a)  the Secretary of State has commissioned a review, to be prepared with the aid of an independent assessor, of the case for and against, and alternatives to, the merger of the Commissions referred to in subsection (2),
(b)  the Secretary of State has published an assessment of the outcome of that review, and
(c)  a draft of the instrument has been laid before, and approved by a resolution of, both Houses of Parliament.
(2C)  The assessment referred to in subsection (2B)(b) must be published within three months of the passing of this Act."
 

Schedule 1

 

EARL HOWE

 

BARONESS CUMBERLEGE

 

BARONESS MURPHY

 

BARONESS MEACHER

2*Page 113, line 7, at end insert—
"(   )      The making of appointments under sub-paragraph (1)(b), and the exercise of the power to make regulations in sub-paragraph (3), must ensure that the functions of the Commission relating to—
(a)  review, assessment and investigation of each kind under sections 42 and 44, and
(b)  the Mental Health Act 1983 (c. 20),
 are represented in such manner and by such proportion of the members as the Secretary of State considers appropriate."
 

BARONESS HOWARTH OF BRECKLAND

3Page 113, line 11, at end insert—
 

"Commissioner for Social Care

(1)      The Secretary of State must ensure that one of the members of the Commission appointed under paragraph 3(1)(b) is appointed as the Commissioner for Social Care.
(2)      The person appointed as the Commissioner for Social Care shall be a person who, in the opinion of the Secretary of State, has comprehensive experience or knowledge of the provision of social care services in England."
4Page 113, line 36, at end insert—
 

"Human Rights Director

(1)      One of the employees appointed under paragraph 5(2) must be appointed as the Human Rights Director.
(2)      The Human Rights Director shall—
(a)  advise the Commission on the carrying out of its functions in relation to the human rights, welfare, dignity and independence of the people who use health and social care services;
(b)  advise the Commission on how to embed human rights values throughout the work and activities of the Commission; and
(c)  carry out such other duties as the Commission may direct."
 

EARL HOWE

 

BARONESS MURPHY

 

BARONESS MEACHER

5Page 114, line 1, at beginning insert "Subject to sub-paragraph (3A),"
6*Page 114, line 2, at end insert—
"(   )      In exercising the power in sub-paragraph (3), the Commission shall have regard to the desirability of ensuring that its functions relating to—
(a)  review, assessment and investigation of each kind under sections 42 and 44, and
(b)  the Mental Health Act 1983 (c. 20),
 are represented within it, or within or by a committee or sub-committee, in such manner as the Commission considers to be appropriate to the exercise of the function, as the case may be."
 

Clause 2

 

LORD DARZI OF DENHAM

7Page 2 , line 9, leave out subsections (3) to (5)
 

LORD LIPSEY

8Page 2, line 31, at end insert—
"(   )  The Commission shall establish sub-commissions specifically responsible for health, mental health and social care.
(   )  The sub-commissions must be chaired by members of the Commission."
 

After Clause 2

 

LORD DARZI OF DENHAM

9Insert the following new Clause—
  "The Commission's objectives
4(1)  The main objective of the Commission in performing its functions is to protect and promote the health, safety and welfare of people who use health and social care services.
(2)  The Commission is to perform its functions for the general purpose of encouraging—
(a)  the improvement of health and social care services,
10(b)  the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and
(c)  the efficient and effective use of resources in the provision of health and social care services.
(3)  In this Chapter "health and social care services" means the services to which the Commission's functions relate."
 

LORD DUBS

 

EARL OF ONSLOW

 

BARONESS STERN

 

[Amendments 10 and 11 are Amendments to Amendment 9]

10*Line 4, after "safety" insert ", rights"
11*Line 10, after "the" insert "rights,"
 

LORD DARZI OF DENHAM

12Insert the following new Clause—
  "Matters to which the Commission must have regard
(1)  In performing its functions the Commission must have regard to—
(a)  views expressed by or on behalf of members of the public about health and social care services,
(b)  experiences of people who use health and social care services and their families and friends,
(c)  views expressed by local involvement networks about the provision of health and social care services in their areas,
(d)  the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children, of persons detained under the Mental Health Act 1983 (c. 20), of persons who are deprived of their liberty in accordance with the Mental Capacity Act 2005 (c. 9), and of other vulnerable adults),
(e)  the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,
(f)  any developments in approaches to regulatory action, and
(g)  best practice among persons performing functions comparable to those of the Commission (including the principles under which regulatory action should be transparent, accountable and consistent).
(2)  In performing its functions the Commission must also have regard to such aspects of government policy as the Secretary of State may direct.
(3)  In subsection (1)(c), "local involvement network" has the meaning given by section 222(2) of the Local Government and Public Involvement in Health Act 2007 (c. 28)."
13Insert the following new Clause—
  "Statement on user involvement
(1)  The Commission must publish a statement describing how it proposes to—
(a)  promote awareness among service users and carers of its functions,
(b)  promote and engage in discussion with service users and carers about the provision of health and social care services and about the way in which the Commission exercises its functions,
(c)  ensure that proper regard is had to the views expressed by service users and carers, and
(d)  arrange for any of its functions to be exercised by, or with the assistance of, service users and carers.
(2)  The Commission may from time to time revise the statement and must publish any revised statement.
(3)  Before publishing the statement (or revised statement) the Commission must consult such persons as it considers appropriate.
(4)  In this section—
(a)  "service users" means people who use health or social care services, and
(b)  "carers" means people who care for service users as relatives or friends."
 

After Clause 3

 

LORD DARZI OF DENHAM

14Insert the following new Clause—
  "Meaning of "health and social care services" in Chapter 1
  In this Chapter "health and social care services" has the meaning given by section (The Commission's objectives)(3)."
 

Clause 4

 

EARL HOWE

15Page 3, line 4, leave out paragraph (b)
 

Clause 6

 

EARL HOWE

 

BARONESS CUMBERLEGE

16*Page 3, line 35, at end insert—
"(   )  In this Part "a person" may include, in particular, an employment agency established to supply—
(a)  doctors, nurses or other healthcare workers to the National Health Service;
(b)  social workers to a local authority; or
(c)  nurses or other persons who may be employed by a service user to care for him in a private dwelling."
 

Clause 13

 

LORD DARZI OF DENHAM

17Page 6, line 14, at end insert—
"(1A)  The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if—
(a)  no-one is registered under this Chapter as a service provider in respect of the activity, or
(b)  the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition."
18Page 6, line 21, leave out paragraph (d) and insert—
"(d)  any other offence which appears to the Commission to be relevant."
 

Clause 16

 

EARL HOWE

 

BARONESS MEACHER

 

BARONESS FINLAY OF LLANDAFF

19Page 8, line 11, at end insert "including, in particular, the handling of recommendations for remedial action arising out of such complaints or disputes"
 

BARONESS MEACHER

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

20Page 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, "disability" has the same meaning as in Part I of the Disability Discrimination Act 1995 (c. 50)."
 

LORD CAMPBELL-SAVOURS

21Page 8, line 16, leave out from "for" to end of line 21 and insert "—
(a)  the prevention and control of health care associated infections;
(b)  the safeguarding of individuals (whether receiving health or social care or otherwise) from the risk of any increased risk of being exposed to health care associated infections or of being made susceptible or more susceptible to them;
(c)  the displaying, in a place accessible to the public on the premises of the service provider, information relating to the incidence of health care associated infections, subject to the following provisions—
(i)  that the display of such information be in a location agreed by the Commission;
(ii)  that the information be made available in a form prescribed by regulations;
(iii)  that the information made available relates to each and every outbreak of such infection on the premises of the service provider in the previous six month period;
(iv)  that the information on health care associated infections provided under this paragraph shall be confined to those infections required to be published by the Secretary of State."

 
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13 June 2008