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

House of Lords

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Clause 107

 

BARONESS FINLAY OF LLANDAFF

56APage 54, line 9, leave out "is" and insert "may be"
56BLeave out Clause 107
 

After Clause 107

 

BARONESS GARDNER OF PARKES

56CInsert 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

 

EARL HOWE

 

BARONESS CUMBERLEGE

57Page 54, line 28, at end insert—
"(   )  After subsection (2)(d) of that section insert—
"(e)  to commission independent information and advice services to assist members of the public considering reporting or reporting a concern to any of the bodies listed in subsection (3), and those who go on to become witnesses under the procedures of the Office of the Health Professions Adjudicator.""
 

Clause 111

 

LORD DARZI OF DENHAM

58Page 56, leave out lines 19 to 23
 

Clause 116

 

LORD DARZI OF DENHAM

59Page 64, line 26, at end insert—
"(   )  In making regulations under this section the appropriate Minister must have regard to the importance of avoiding unfair prejudice to health care workers against whom unsubstantiated allegations are made."
 

Clause 120

 

BARONESS FINLAY OF LLANDAFF

59APage 66, line 37, leave out "is" and insert "may be"
59BLeave out Clause 120
 

Clause 124

 

LORD DARZI OF DENHAM

60Page 69, line 33, leave out "or disposal of dead bodies or" and insert ", burial or cremation of dead bodies or the handling, transport or disposal of "
 

BARONESS STERN

 

EARL OF ONSLOW

61Page 69, line 46, leave out from "unless" to "the" in line 1 on page 70
 

BARONESS STERN

61A*Page 70, line 2, at end insert "and to the risk or threat to public health the regulations seek to address"
61B*Page 70, line 6, leave out from "requirement" to first "is" in line 8
61C*Page 70, line 9, at end insert "and to the risk or threat to public health the regulations seek to address"
 

LORD DARZI OF DENHAM

62Page 71, leave out lines 18 to 21 and insert—
59"(6A)  Regulations under section 45C which enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.
(6B)  In relation to a special restriction or requirement mentioned in section 45G(2)(c) or (d)—
(a)  the period specified by virtue of subsection (6A) and the intervals specified by virtue of that subsection must be 28 days or less, and
17(b)  the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made."
 

BARONESS STERN

 

[Amendments 62A to 62D are amendments to amendment 62]

62A*Line 5, after "person" insert ", thing or premises"
62B*Line 5, leave out "for more than a specified period"
62C*Line 9, at end insert—
"(6AA)  Regulations under section 45C which enable the imposition of a special restriction or requirement as mentioned in section 45G(2)(c) or (d)—
(a)  shall remain in force for no longer than 12 months;
(b)  may be renewed; and
(c)  shall lapse when they are no longer necessary or proportionate to meet the serious and imminent threat to which they were made in response."
62D*Line 17, at end insert ", and
(c)  the regulations must require that the review must be conducted by a magistrates' court or another named independent and impartial tribunal."
 

LORD DARZI OF DENHAM

63Page 72, leave out line 47 and insert—
"(d)  in the case of a dead body, that the body be buried or cremated;
(e)  in any other case, that the thing be destroyed or disposed of."
64Page 76, line 8, leave out from "(d)" to end of line 9 and insert "neither the period specified under subsection (1) nor the period of any extension under subsection (2) may exceed 28 days or such shorter period as the appropriate Minister may by regulations prescribe."
65Page 76, leave out lines 11 to 13
66Page 76, line 21, at end insert—
"(2A)  The appropriate Minister must by regulations require a local authority to give notice to such persons as may be prescribed by the regulations of the making of an application for a Part 2A order, but this is subject to subsection (3)."
67Page 76, line 24, at end insert "or regulations under subsection (2A)"
68Page 78, line 26, after "45G(7)," insert—
"(   )  the first regulations to be made under section 45L(4),"
 

BARONESS STERN

68A*Page 79, line 13, at end insert ", except an instrument to which section 45RA applies"
68B*Page 80, line 3, at end insert—
"45RAEmergency procedure: special restrictions and requirements
(1)  This section applies to an instrument to which subsection (4) of section 45Q applies by virtue of subsection (2)(a) of that section and which enables the imposition of a special restriction or requirement mentioned in section 45G(2)(c) or (d).
(2)  The instrument may be made without a draft having been laid and approved as mentioned in subsection (4) of that section if the instrument contains a declaration that the person making it is of the opinion that, by reason of a public health emergency, it is necessary to make the order without a draft being so laid and approved.
(3)  After an instrument is made in accordance with subsection (2), it must be laid—
(a)  in the case of English regulations, before each House of Parliament;
(b)  in the case of Welsh regulations, before the National Assembly for Wales.
(4)  Regulations contained in an instrument made in accordance with subsection (2) cease to have effect at the end of the period of 7 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved—
(a)  in the case of English regulations, by a resolution of each House of Parliament;
(b)  in the case of Welsh regulations, by a resolution of the National Assembly for Wales.
(5)  But if on any day during that period, on proceedings on a motion that (or to the effect that) the instrument be so approved, either House of Parliament or, as the case may be, the National Assembly for Wales comes to a decision rejecting the instrument, the regulations cease to have effect at the end of that day instead.
(6)  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 not 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).
(7)  In reckoning any such period of 7 days, no account is to be taken—
(a)  in the case of English regulations, of any time during which Parliament is prorogued or dissolved;
(b)  in the case of Welsh regulations, of any time during which the National Assembly for Wales is dissolved.
(8)  The provisions of section 28 of the Civil Contingencies Act 2004 (c. 36) (Parliamentary scrutiny: Prorogation and adjournment) apply to an instrument made in accordance with subsection (2) in like manner as they apply to emergency regulations under that Act.
(9)  Subsections (4) and (5) do not—
(a)  affect anything done in reliance on the regulations before they ceased to have effect, or
(b)  prevent the making of new regulations.
(10)  In this section "English regulations" and "Welsh regulations" have the same meaning as in section 45Q.
(11)  In this section, "public health emergency" means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom. An event or situation threatens damage to human welfare only if it involves, causes or may cause—
(a)  loss of human life, or
(b)  human illness or injury."
 

Clause 134

 

EARL HOWE

 

BARONESS CUMBERLEGE

69Page 89, line 12, at end insert—
"(2A)  Each Primary Care Trust must publish a document describing its arrangements for managing applications to fund treatments which fall outside its commissioning policies."
 

After Clause 134

 

EARL HOWE

 

BARONESS CUMBERLEGE

70Insert the following new Clause—
  "GMS contracts: payments
(1)  Section 87 of the National Health Service Act 2006 (c. 41) (GMS contracts: payments) is amended as follows.
(2)  For subsection (4) substitute—
"(4)  Before giving a direction under subsection (1), the Secretary of State—
(a)  must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate;
(b)  must have regard to any advice given to him by the relevant advisory body; and
(c)  may consult such other persons as he considers appropriate."
(3)  After subsection (4) insert—
"(4A)  In this section, the relevant advisory body means a body of persons to be called the Quality and Outcomes Framework Review Panel (referred to in this Act as "the Review Panel") to perform the functions assigned to the Review Panel by or under this Act.
(4B)  The Review Panel shall give to the Secretary of State advice on matters relating to directions made under subsection (1).""
 

Schedule 12

 

BARONESS CUMBERLEGE

 

EARL HOWE

71Page 187, line 11, at end insert—
"(   )      In section 164(5) of the NHS Act (remuneration for persons providing pharmaceutical services), at the end of paragraph (5) insert "and shall be contained in regulations in respect of remuneration which relates to all persons who provide pharmaceutical services.""
 

Clause 136

 

EARL HOWE

 

BARONESS CUMBERLEGE

72Page 90, line 12, leave out subsection (6) and insert—
"(6)  Omit subsection (5)."
 

After Clause 142

 

EARL HOWE

 

BARONESS MEACHER

 

BARONESS FINLAY OF LLANDAFF

73Insert the following new Clause—
  "Care home residents: complaints
(1)  The Secretary of State may by regulations make provision for prescribed persons receiving accommodation, together with nursing or personal care, in a care home (or prescribed persons acting on their behalf) to refer complaints about their care to a local authority.
(2)  The regulations may provide for guidance, to which a local authority must have regard, on the handling of such complaints."
 

BARONESS CAMPBELL OF SURBITON

 

BARONESS FINLAY OF LLANDAFF

74Insert the following new Clause—
  "Continuity of social care support
(1)  This section applies where an English or Welsh local authority (the original authority) has made a determination of need for care services in respect of a person ordinarily resident in its area under any of the social care enactments, and—
(a)  has arranged or is providing such services, or
(b)  is making payments to such a person in lieu of care services under section 57 of the Health and Social Care Act 2001 (c. 15) or section 17A of the Children Act 1989 (c. 41); and
 the person concerned becomes or intends to become ordinarily resident in a different local authority (the new authority).
(2)  It shall be the duty of the original authority to—
(a)  give notice to the new authority if it becomes aware that a person to whom it provides care services or direct payments intends to become ordinarily resident in the new authority's area; and
(b)  co-operate with the new authority in making appropriate arrangements for such a person.
(3)  It shall be the duty of the new authority to provide the person concerned with—
(a)  services of an equivalent type and quantity to those provided by the original authority, or
(b)  direct payments enabling an equivalent type and quantity of support to that provided by the original authority,
 for such transitional period as may be prescribed.
(4)  Arrangements made under subsections (2) and (3) shall—
(a)  be made with the involvement and consent of the person concerned;
(b)  include effective arrangements to meet any new or different needs of the person concerned; and
(c)  be made in accordance with regulations made under this section.
(5)  Regulations under this section may, in particular—
(a)  prescribe the period or periods during which the original authority retains funding responsibility for a person's care needs;
(b)  prescribe the period or periods during which the original and new authorities must resolve any disagreements concerning their respective funding responsibilities;
(c)  prescribe the period or periods by which the new authority must assume funding responsibility for an individual's care needs;
(d)  provide for reimbursement by the new authority of expenditure made by the original authority whilst the authorities were resolving a disagreement as to their respective funding responsibilities; and
(e)  provide for the payment of interest on any sums reimbursed.
(6)  For the purposes of this section "social care enactments" includes—
(a)  section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44);
(b)  section 4 of the Disabled Persons (Services, Consultation and Representation Act) 1986 (c. 33);
(c)  section 17 of the Children Act 1989 (c. 41);
(d)  section 47 of the National Health Service and Community Care Act 1990 (c. 19)."

 
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23 June 2008