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Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


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

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 4

 

LORD CAMPBELL-SAVOURS

1*Page 2, line 27, at end insert—
"(   )  views expressed by staff, and those trade unions and professional organisations representing staff, employed in activities to which the functions relate,"
 

Clause 20

 

LORD DARZI OF DENHAM

2Page 9, line 17, at end insert "and the application of lessons learnt from them"
 

Clause 45

 

LORD CAMPBELL-SAVOURS

3*Page 21, line 31, 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."
 

After Clause 112

 

BARONESS GARDNER OF PARKES

4Insert the following new Clause—
  "Registers of healthcare professionals: non-practising members
(1)  The Secretary of State must, if so requested by a regulatory body, make regulations giving power to that regulatory body to enable non-practising professionals to qualify for registration in a register of non-practising professionals.
(2)  The regulations shall make provision for a reduced fee to be payable by non-practising professionals.
(3)  In this section—
 "non-practising professional" means a person who would otherwise be qualified for registration in the relevant register of the regulatory body, but who is, for a reason other than having been erased from that register, not currently practising;
 "regulatory body" means—
(a)  the General Medical Council,
(b)  the General Dental Council,
(c)  the General Optical Council,
(d)  the General Osteopathic Council,
(e)  the General Chiropractic Council,
(f)  the Royal Pharmaceutical Society of Great Britain,
(g)  the Pharmaceutical Society of Northern Ireland, or
(h)  any regulatory body within the meaning of Schedule 3 to the 1999 Act established by an Order in Council under section 60 of that Act."
 

After Clause 140

 

LORD DARZI OF DENHAM

5Insert the following new Clause—
       "Remuneration for persons providing pharmaceutical services: appointment of determining authorities
(1)      In section 164 of the National Health Service Act 2006 (c.41) (remuneration for persons providing pharmaceutical services)—
(a)  after subsection (4) insert—
"(4A)  An instrument of appointment—
(a)  must be contained in regulations if it provides for the appointment of a Primary Care Trust or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 126, and
(b)  if paragraph (a) does not apply, may be contained in regulations.", and
(b)  in subsection (5), omit paragraph (b) and the word "and" immediately preceding it.
(2)      In section 88 of the National Health Service (Wales) Act 2006 (c. 42) (remuneration for persons providing pharmaceutical services)—
(a)  after subsection (4) insert—
"(4A)  An instrument of appointment—
(a)  must be contained in regulations if it provides for the appointment of a Local Health Board or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 80, and
(b)  if paragraph (a) does not apply, may be contained in regulations.", and
(b)  in subsection (5), omit paragraph (b) and the word "and" immediately preceding it."
 

After Clause 147

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS CAMPBELL OF SURBITON

 

EARL HOWE

 

BARONESS WILKINS

6Insert 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)."
 

Clause 170

 

LORD DARZI OF DENHAM

7Page 112, line 9, leave out from second "Schedule" to end of line 11 and insert—
"(   )  section (Remuneration for persons providing pharmaceutical services: appointment of determining authorities)(2) (remuneration for persons providing pharmaceutical services: appointment of determining authorities in relation to Wales),"
8Page 112, line 19, leave out "and"
9Page 112, line 21, at end insert " and
(   )  the repeals in the National Health Service (Wales) Act 2006 (c. 42) in Part 4 of Schedule 15 (and section 165 so far as relating to those repeals),"
 

Schedule 1

 

LORD DARZI OF DENHAM

10Page 114, line 24, at end insert—
"(   )      The Secretary of State must exercise the powers in sub-paragraph (1) so as to secure that the knowledge and experience of the members of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20)."
 

LORD CAMPBELL-SAVOURS

11*Page 116, line 16, at end insert—
"(   )      The advisory committee must include persons representing staff employed in activities to which the Commission's functions relate."
 

Schedule 5

 

LORD DARZI OF DENHAM

12Page 135, line 39, leave out "section 29 of"
 

Schedule 15

 

LORD DARZI OF DENHAM

13Page 204, line 42, column 2, at end insert—
"In section 164(5), paragraph (b) and the word "and" immediately preceding it."
14Page 205, line 9, column 2, at beginning insert—
"In section 88(5), paragraph (b) and the word "and" immediately preceding it."

 
 
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1 July 2008