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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.

 

Clause 1

 

EARL HOWE

1Page 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)."
 

After Clause 1

 

EARL HOWE

2Insert the following new Clause—
  "Core principles
  The Secretary of State may by regulations make provision as to the core principles of the NHS Constitution."
 

Clause 2

 

EARL HOWE

3Page 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;"
 

EARL HOWE

5Page 2, line 6, at end insert—
"(   )  specialised commissioning groups;"
 

LORD WALTON OF DETCHANT

 

LORD PATEL

 

BARONESS EMERTON

 

BARONESS FINLAY OF LLANDAFF

6Page 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"
 

EARL HOWE

7Page 2, line 20, at end insert "and the Handbook"
8Page 2, line 28, at end insert "and the Handbook"
9Page 2, line 28, at end insert—
"(   )  The Secretary of State shall publish guidance providing for the meaning of "have regard to" in this section."
 

Clause 3

 

LORD DARZI OF DENHAM

10Page 3, line 15, at end insert "and bodies or other persons representing patients"
11Page 3, line 16, at end insert "and bodies or other persons representing staff"
12Page 3, line 16, at end insert—
"(   )  carers,
(   )  local authorities,"
13Page 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;"
14Page 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."
 

Clause 4

 

EARL HOWE

15Page 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."
 

After Clause 4

 

EARL HOWE

16Insert 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."
 

Clause 5

 

LORD DARZI OF DENHAM

17Page 4, line 3, after "staff" insert ", carers"
 

Clause 7

 

LORD DARZI OF DENHAM

18Page 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."
 

After Clause 7

 

EARL HOWE

19Insert the following new Clause—
  "Quality of data
(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;"."
 

Clause 8

 

LORD DARZI OF DENHAM

20Page 5, line 38, leave out subsection (2)
21Page 5, line 41, leave out "Subject to that,"
 

After Clause 8

 

LORD PALMER

22Insert 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."
 

Clause 9

 

EARL HOWE

23Page 6, line 17, after "patient's" insert "prior and informed"
 

LORD DUBS

24Page 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."
 

BARONESS BARKER

 

BARONESS TONGE

25Page 7, line 2, leave out "or must" and insert ", must or must not"
26Page 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;"
 

EARL HOWE

27Page 7, line 16, at end insert—
"(   )  as to the provision of services in addition to those for which a direct payment has been made;"
 

LORD CAMPBELL-SAVOURS

28Page 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"
29Page 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"
 

BARONESS BARKER

 

BARONESS TONGE

30Page 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"
31Page 7, line 47, at end insert "including maternity services and excluding end-of-life care"
32Page 8, line 18, leave out "any review of one or more" and insert "a review of all"
33Page 8, line 33, leave out "arrange with any person or body" and insert "require Primary Care Trusts to commission advice, advocacy and support services"
 

Clause 12

 

LORD WALTON OF DETCHANT

 

BARONESS FINLAY OF LLANDAFF

 

LORD PATEL

34Page 9, line 29, after "innovation" insert "or research leading to innovation"
 

Clause 13

 

LORD DARZI OF DENHAM

35Page 13, line 25, leave out from "Act" to end of line 26 and insert ", if required by directions given by the Secretary of State;"
36Page 13, line 27, leave out "that may be prescribed" and insert ", if required by directions given by the Secretary of State"
37Page 14, line 3, leave out "make regulations requiring" and insert "direct"
38Page 15, line 8, at end insert "and of the reasons for it"
 

Clause 15

 

LORD DARZI OF DENHAM

39Page 20, line 4, at end insert "and of the reasons for it"
 

Before Clause 18

 

LORD MORRIS OF MANCHESTER

40Insert 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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©Parliamentary copyright 2009
27 April 2009