Health Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 30th March 2009, as follows—
Clauses 1 to 11
Schedule 1
Clauses 12 to 14
Schedule 2
Clauses 15 to 17
Schedule 3
Clauses 18 to 22 | Schedule 4
Clauses 23 to 31
Schedule 5
Clauses 32 to 34
Schedule 6
Clauses 35 to 37 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 13, at end insert— |
| "( ) | In this Chapter the "Statement of NHS Accountability" means— |
| (a) | the document entitled "The Statement of NHS Accountability for England" published by the Secretary of State on 21 January 2009, or |
| (b) | any revised version of that document published under section (Availability, review and revision of Statement of NHS Accountability)." |
| 2 | Insert the following new Clause— |
| | The Secretary of State may by regulations make provision as to the core principles of the NHS Constitution." |
| 3 | Page 2, line 3, at end insert "and the Handbook" |
| | LORD MORRIS OF MANCHESTER |
| 4* | Page 2, line 4, at end insert— |
| "( ) | the Advisory Committee on the Treatment of Haemophilia;" |
| 5 | Page 2, line 6, at end insert— |
| "( ) | specialised commissioning groups;" |
| | BARONESS FINLAY OF LLANDAFF |
| 6 | Page 2, line 11, at end insert— |
| "(h) | bodies concerned with the education of health professionals; |
| (i) | bodies concerned with the support and delivery of medical and scientific research" |
| 7 | Page 2, line 20, at end insert "and the Handbook" |
| 8 | Page 2, line 28, at end insert "and the Handbook" |
| 9 | Page 2, line 28, at end insert— |
| "( ) | The Secretary of State shall publish guidance providing for the meaning of "have regard to" in this section." |
| 10 | Page 3, line 15, at end insert "and bodies or other persons representing patients" |
| 11 | Page 3, line 16, at end insert "and bodies or other persons representing staff" |
| 12 | Page 3, line 16, at end insert— |
| 13 | Page 3, line 22, at end insert— |
| | ""carers" means persons who, as relatives or friends, care for other persons to whom NHS services are being provided;" |
| 14 | Page 3, line 35, at end insert— |
| "(9) | For the purposes of subsection (5), each of the following is a local authority— |
| (a) | a county council in England; |
| (b) | a district council in England, other than a council for a district in a county for which there is a county council; |
| (c) | a London borough council; |
| (d) | the Common Council of the City of London; |
| (e) | the Council of the Isles of Scilly." |
| 15 | Page 3, line 41, at end insert— |
| "( ) | Before any revision of the Handbook, the Secretary of State shall consult such persons (if any) as in all circumstances he may consider appropriate." |
| 16 | Insert the following new Clause— |
| | "Availability, review and revision of Statement of NHS Accountability |
| (1) | The Secretary of State must ensure that the Statement of NHS Accountability continues to be available to patients, staff and members of the public. |
| (2) | At least once in any period of 3 years the Secretary of State must carry out a review of the Statement of NHS Accountability. |
| (3) | The first review must be completed not later than 5 July 2012. |
| (4) | The Secretary of State must publish the Statement of NHS Accountability after any revision." |
| 17 | Page 4, line 3, after "staff" insert ", carers" |
| 18 | Page 5, line 33, at end insert— |
| "(7A) | Subsection (7) does not apply if— |
| (a) | the provider does not have control of the premises, or |
| (b) | the services are provided by means such that the persons receiving them do not do so at the premises." |
| 19 | Insert the following new Clause— |
| (1) | The Health and Social Care 2008 (c. 14) is amended as follows. |
| (2) | In section 20 (regulations of regulated activities), after subsection (3)(j) insert— |
| "(ja) | make provision as to the collection and analysis of data used in the preparation of quality accounts;"." |
| 20 | Page 5, line 38, leave out subsection (2) |
| 21 | Page 5, line 41, leave out "Subject to that," |
| 22 | Insert the following new Clause— |
| | "Duty of providers to account for car park revenue |
| (1) | Each of the bodies listed in section 6(2) must, in accordance with regulations made by the Secretary of State, produce a report in respect of each reporting period which accounts for the use of revenue raised from all car parks under their control. |
| (2) | The report must contain the following— |
| (a) | the level of revenue raised from each car park, |
| (b) | a breakdown of how the revenue has been distributed, which clearly specifies if and how the revenue has been spent to directly improve healthcare provision, |
| (c) | the tariffs charged in each car park, including any special rates for hospital staff or members of the public who have driven patients to hospital." |
| 23 | Page 6, line 17, after "patient's" insert "prior and informed" |
| 24 | Page 6, line 36, at end insert— |
| "(7) | Health care provided in accordance with this section constitutes a function of a public nature for the purposes of section 6 of the Human Rights Act 1998." |
| 25 | Page 7, line 2, leave out "or must" and insert ", must or must not" |
| 26 | Page 7, line 16, at end insert— |
| "( ) | as to the mechanisms by which a patient, or (if different) the payee may appeal against the amount of direct payment or how it is calculated;" |
| 27 | Page 7, line 16, at end insert— |
| "( ) | as to the provision of services in addition to those for which a direct payment has been made;" |
| 28 | Page 7, line 23, at end insert— |
| "( ) | as to the conditions that must be met to protect staff providing services which direct payments are used to secure" |
| 29 | Page 7, line 23, at end insert— |
| "( ) | as to the circumstances in which the patient or (if different) payee has exhausted the budget of their direct payment" |
| 30 | Page 7, line 23, at end insert— |
| "( ) | as to the production every three years of an independent research report into the effects of direct payments on provision of health services and health outcomes" |
| 31 | Page 7, line 47, at end insert "including maternity services and excluding end-of-life care" |
| 32 | Page 8, line 18, leave out "any review of one or more" and insert "a review of all" |
| 33 | Page 8, line 33, leave out "arrange with any person or body" and insert "require Primary Care Trusts to commission advice, advocacy and support services" |
| | BARONESS FINLAY OF LLANDAFF |
| 34 | Page 9, line 29, after "innovation" insert "or research leading to innovation" |
| 35 | Page 13, line 25, leave out from "Act" to end of line 26 and insert ", if required by directions given by the Secretary of State;" |
| 36 | Page 13, line 27, leave out "that may be prescribed" and insert ", if required by directions given by the Secretary of State" |
| 37 | Page 14, line 3, leave out "make regulations requiring" and insert "direct" |
| 38 | Page 15, line 8, at end insert "and of the reasons for it" |
| 39 | Page 20, line 4, at end insert "and of the reasons for it" |
| | LORD MORRIS OF MANCHESTER |
| 40 | Insert the following new Clause— |
| | "Committee to advise on treatment of haemophilia |
| (1) | The Secretary of State shall by regulations establish a Committee to advise on the treatment of haemophilia in the United Kingdom. |
| (2) | The Committee shall in particular provide advice on— |
| (a) | the selection, procurement and delivery of available therapies for haemophilia patients; |
| (b) | patients' access to treatments for haemophilia or any conditions which arise from consequent haemophilia therapy; |
| (c) | the financial and other needs of haemophilia patients. |
| (3) | The membership of the Committee shall include— |
| (a) | specialist haemophilia clinicians; |
| (b) | representatives from the Haemophilia Society; |
| (c) | representatives from the Department of Health; |
| (d) | representatives of haemophilia patients, through nomination by the Haemophilia Society and other bodies working to support the haemophilia community. |
| (4) | The Secretary of State shall consult the Committee before making substantial changes in policy regarding the treatment of haemophilia patients and before introducing legislation which affects them. |
| (5) | Regulations made by the Secretary of State under this section are— |
| (a) | to be made by statutory instrument, and |
| (b) | subject to annulment in pursuance of a resolution of either House of Parliament." |
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