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

House of Lords

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Clause 22

 

LORD DARZI OF DENHAM

22Page 11, line 35, after "than" insert "by virtue of section 13(1A) or"
 

Clause 30

 

LORD DARZI OF DENHAM

23Page 16, line 1, leave out subsections (2) and (3) and insert—
"(   )  A person ("M") whose registration under this Chapter as a manager in respect of a regulated activity is suspended is guilty of an offence if, during the period of suspension, M manages that activity at a time when no one else has been registered under this Chapter as a manager in respect of the activity since the suspension of M's registration.
(   )  A person ("M") whose registration under this Chapter as a manager in respect of a regulated activity has been cancelled is guilty of an offence if M manages that activity at a time when—
(a)  a person ("S") remains registered under this Chapter as a service provider in respect of the activity,
(b)  S's registration remains subject to a registered manager condition, and
(c)  no-one has been registered under this Chapter as a manager in respect of the activity since the cancellation of M's registration.
(   )  If a person ("M") who is registered under this Chapter as a manager in respect of a regulated activity manages that activity while the registration of the person registered under this Chapter as a service provider in respect of the activity is suspended, M is guilty of an offence if M knows or could reasonably be expected to know of the suspension."
 

Clause 35

 

BARONESS BARKER

 

BARONESS TONGE

24*Page 17, line 41, at end insert—
"(   )  to the General Social Care Council, and"
 

Clause 38

 

LORD DARZI OF DENHAM

25Page 18, line 38, after "where" insert "a person who was"
 

Clause 39

 

LORD DARZI OF DENHAM

26Page 19, line 10, after "any" insert "regulated"
27Page 19, line 25, at end insert—
"(   )  Any regulated activity carried on by or on behalf of the Crown is for this purpose a newly regulated activity."
 

Clause 41

 

LORD DUBS

 

EARL OF ONSLOW

 

BARONESS STERN

28*Page 20, line 5, leave out "may" and insert "shall"
29*Page 20, line 6, leave out "NHS" and insert "health care and social"
 

LORD CAMPBELL-SAVOURS

30Page 20, line 23, at end insert—
"(   )  The Secretary of State shall make provision for the adoption of minimum standards of frequency for the inspection of the premises of social care providers."
 

LORD DUBS

 

EARL OF ONSLOW

 

BARONESS STERN

31*Insert the following new Clause—
  "Health and social care standards: content
(1)  Standards set by the Secretary of State under section 41 shall—
(a)  expressly state that all persons for whom health or social care services are provided are entitled to respect for their rights;
(b)  require that service providers respect the rights of persons for whom health or social care services are provided;
(c)  require that service providers provide their staff, whether employed directly or indirectly, with appropriate education and training in relation to respecting the rights of service users;
(d)  require service providers to specify and publish the procedures for making a complaint by any person about a regulated activity;
(e)  require service providers to put in place appropriate procedures for ensuring that any person who is aware of any failure to respect any other person's rights in relation to a regulated activity being conducted by that service provider to report such a failure to a designated person;
(f)  require service providers to ensure that, where any person is being discharged from a health care service to a social care service regulated under this Part, the rights of such persons are fully respected; and
(g)  require service providers to disseminate the standards set under this Part which are applicable to them to users of their services.
(2)  The Secretary of State may prepare and publish statements of standards in relation to the provision of health care and social care dealing with matters other than those listed in subsection (1).
(3)  In this section, "designated person" means a person designated by a provider of health or social care services to receive and resolve complaints."
 

Clause 42

 

LORD DARZI OF DENHAM

32Page 20, line 27, leave out from "care" to end of line 28 and insert "provided or commissioned by the Trust"
 

BARONESS BARKER

 

BARONESS TONGE

33Page 20, line 36, after "reviews" insert "of the assessment of social care needs and"
 

LORD DARZI OF DENHAM

34Page 20, line 36, leave out from "services" to end of line 38 and insert "provided or commissioned by the authority"
 

Clause 43

 

LORD DARZI OF DENHAM

35Page 21, line 30, leave out "or modified"
 

Clause 44

 

LORD DARZI OF DENHAM

36Page 22, line 9, at end insert—
"(4A)  The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 49(2).
(4B)  If the review or investigation gives rise to a duty to act under section 46(2) or (3) in respect of an English local authority, subsection (4A) does not apply in relation to so much of the report as relates to that local authority."
37Page 22, line 12, leave out "such a report" and insert "a report under subsection (4)"
 

After Clause 45

 

LORD WARNER

 

EARL HOWE

 

BARONESS MURPHY

 

BARONESS CUMBERLEGE

38Insert the following new Clause—
  "Failings by English NHS bodies
  In the light of evidence of significant shortcomings in the commissioning of health services from reviews under sections 42 or 44 the Commission may—
(a)  require any relevant Strategic Health Authority to propose and publish appropriate changes to the arrangements for and governance of commissioning of health services in any geographical area to which the evidence relates in order to reduce the risk of harm to that area's population; and
(b)  recommend to the Secretary of State that the changes proposed should be implemented."
 

Clause 57

 

LORD CAMPBELL-SAVOURS

39Page 28, line 8, leave out "may" and insert "shall"
40Page 28, line 26, at end insert—
"(   )  Where a report has been published under subsection (2), the service provider shall display in a place accessible to the public on the premises of the service provider information taken from the inspection report, subject to the following provisions—
(a)  that the arrangements for, and location of, the display be agreed by the Commission;
(b)  that the information made available on the display be in a form prescribed by regulations;
(c)  that the inspection made available on display be from the most recent inspection report of the Commission;
(d)  that the service provider display any additional information which the Commission shall require."
 

Clause 60

 

LORD DARZI OF DENHAM

41Page 30, line 29, leave out "pursuant to arrangements made" and insert "commissioned"
42Page 30, line 32, leave out "pursuant to arrangements made" and insert "commissioned"
 

Clause 66

 

EARL HOWE

 

BARONESS MURPHY

 

BARONESS MEACHER

43Page 32, line 40, at end insert ", and
(c)  the Independent Regulator and the Commission must have regard to the need to promote the efficient and effective use of their resources in the exercise of their respective functions."
 

Clause 77

 

LORD DARZI OF DENHAM

44Page 37, line 34, leave out from second "time" to "prepare" in line 35
 

Clause 79

 

LORD DARZI OF DENHAM

45Page 38, line 34, leave out "and"
46Page 38, line 35, at end insert ", and
(e)  the steps taken by it during the year to implement the proposals in its statement under section (Statement on user involvement) (statement on user involvement)."
 

Clause 81

 

LORD DARZI OF DENHAM

47Page 40, line 3, leave out subsection (5)
 

After Clause 91

 

LORD DARZI OF DENHAM

48Insert the following new Clause—
  "Crown application
(1)  Any provision made by or under Chapter 2 or 3 or this Chapter binds the Crown, but does not affect Her Majesty in her private capacity.
(2)  Subsection (1)—
(a)  does not require regulations made under section 4 to be made so as to apply to activities carried on by or on behalf of the Crown, and
(b)  is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act.
(3)  No contravention of any provision made by or under Chapter 2 or 3 or this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
(4)  The provisions of Chapters 2 and 3 and this Chapter apply to persons in the public service of the Crown as they apply to other persons.
(5)  If the Secretary of State certifies that it appears to the Secretary of State requisite or expedient in the interests of national security that the powers of entry and inspection conferred by sections 58 and 59—
(a)  should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or
(b)  should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate,
  those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable in relation to those premises except in those circumstances."
 

Schedule 5

 

LORD DARZI OF DENHAM

49Page 145, line 1, at end insert—
 

"Local Government and Public Involvement in Health Act 2007 (c. 28)

      In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert—
"(ca)  the Care Quality Commission;"."
 

Clause 92

 

LORD DARZI OF DENHAM

50Page 45, line 9, leave out "by or pursuant to arrangements made" and insert "or commissioned"
51Page 45, line 12, leave out "by or pursuant to arrangements made" and insert "or commissioned"
52Page 46, line 9, leave out from "or" to end of line 11 and insert "commissioned by Primary Care Trusts (whether from other English NHS providers or not)"
 

LORD DUBS

 

EARL OF ONSLOW

 

BARONESS STERN

53*Page 46, line 18, at end insert—
 "rights" includes human rights protected by the Human Rights Act 1998 (c. 42);"
 

LORD DARZI OF DENHAM

54Page 46, line 24, at end insert—
"(   )  Any reference in this Part to health care commissioned by a Primary Care Trust is a reference to health care provided by other persons pursuant to arrangements made by the Trust.
(   )  Any reference in this Part to adult social services commissioned by an English local authority is a reference to adult social services provided by other persons pursuant to arrangements made by the authority."

 
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13 June 2008