Health and Social Care Bill — Report (6th Day) — 8 Mar 2012 at 18:15

Schedule 15: Local Healthwatch organisations

Amendment 231C

Moved by Earl Howe

231C: Schedule 15, leave out Schedule 15

Amendment 231C agreed.

Clause 182: Activities relating to local care services

Amendments 232 and 233 not moved.

Amendment 234

Moved by Baroness Jolly

234: Clause 182, page 180, line 15, after "(2)" insert "-

(a) in each of paragraphs (a) to (c), before "people" insert "local", and

(b) "

Amendment 234 agreed.

Amendment 234ZA

Moved by Baroness Tyler of Enfield

234ZA: Clause 182, page 180, line 28, after "Commission);" insert-

"(ga) making recommendations to that committee to publish reports under section 45B(3) of the Health and Social Care Act 2008 about particular matters;"

Amendment 234ZA agreed.

Amendment 234A

Moved by Earl Howe

234A: Clause 182, page 180, line 37, at end insert-

"( ) After subsection (3A) insert-

"(3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.""

Amendment 234A agreed.

Amendment 235

Moved by Baroness Jolly

235: Clause 182, page 180, line 37, at end insert-

"( ) In subsection (6), after the definition of "local care services" insert-

""local people", in relation to a local authority, means-

(a) people who live in the local authority's area,

(b) people to whom care services are being or may be provided in that area,

(c) people from that area to whom care services are being provided in any place, and

(d) people who are (taken together) representative of the people mentioned in paragraphs (a) to (c);"."

Amendment 235 agreed.

Amendments 235A to 235C

Moved by Earl Howe

235A: Clause 182, page 180, line 38, leave out subsection (7) and insert-

"(7) In the title to section 221, omit ": local involvement networks"

235B: Clause 182, page 180, line 39, at end insert-

"( ) For the cross-heading preceding that section substitute "Local arrangements"."

235C: Clause 182, page 180, line 39, at end insert-

"( ) After section 45B of the Health and Social Care Act 2008 (inserted by section 180(4)), insert-

"45C Granting licence to use trade mark

(1) The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.

(2) A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying on of Local Healthwatch arrangements.

(3) In this section-

"Local Healthwatch arrangements" has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,

"Local Healthwatch contractor" has the meaning given by section 223 of that Act, and

"registered trade mark" and "use" have the same meaning as in the Trade Marks Act 1994.""

Amendments 235A to 235C agreed.

Clause 183: Local authority arrangements

Amendment 235D

Moved by Earl Howe

235D: Clause 183, page 181, leave out lines 2 to 4 and insert-

"(2) The arrangements must be made with a body corporate which-

(a) is a social enterprise, and

(b) satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(2A) For so long as the arrangements are in force, the body with which they are made-

(a) has the function of carrying on in A's area the activities specified in section 221(2), and

(b) is to be known as the "Local Healthwatch organisation" for A's area.

(2B) But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements ("Local Healthwatch arrangements") with a person (other than A) for that person-

(a) to assist the organisation in carrying on in A's area some or all of the activities, or

(b) (subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf."

Amendment 235D agreed.

Amendment 236 not moved.

Amendments 236A to 236F

Moved by Earl Howe

236A: Clause 183, page 181, line 5, leave out subsection (3) and insert-

"(3) In subsection (3), for the words from the beginning to "who is not" substitute "None of the following is capable of being a Local Healthwatch organisation"."

236B: Clause 183, page 181, line 7, leave out subsection (4) and insert-

"(4) For subsection (4) substitute-

"(4) The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board.""

236C: Clause 183, page 181, line 19, leave out subsection (7) and insert-

"(7) For subsection (8) substitute-

"(8) For the purposes of this section, a body is a social enterprise if-

(a) a person might reasonably consider that it acts for the benefit of the community in England, and

(b) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.

(10) In subsections (8) and (9), "community" includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.""

236D: Clause 183, page 181, line 19, at end insert-

"( ) For the title to section 222 substitute "Local Healthwatch organisations"."

236E: Clause 183, page 181, line 19, at end insert-

"( ) After section 222 insert-

"222A Local authority arrangements: conflicts of interest

(1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.

(2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.

(3) In this section, "conflicts guidance" means guidance about managing conflicts between-

(a) the making of arrangements under section 221(1), and

(b) the carrying-on of the activities specified in section 221(2).

(4) In this section, "Local Healthwatch arrangements" has the meaning given by section 222."

236F: Clause 183, page 181, line 20, leave out subsections (8) to (11)

Amendments 236A to 236F agreed.

Amendment 237 not moved.

Amendment 237A

Moved by Earl Howe

237A: After Clause 183, insert the following new Clause-

"Local arrangements: power to make further provision

(1) Section 223 (power to make further provision about local authority arrangements) is amended as follows.

(2) In subsection (1), for "require prescribed provision to be included in local involvement network arrangements" substitute "include prescribed provision".

(3) After that subsection insert-

"(1A) The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision."

(4) In subsection (2)-

(a) for "must require local involvement network arrangements to include" substitute "must include or (as the case may be) must require Local Healthwatch arrangements to include",

(b) in paragraphs (a), (c) and (d), for "a local involvement network" substitute "a Local Healthwatch organisation or a Local Healthwatch contractor", and

(c) after paragraph (d) insert ";

(e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;

(f) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45C of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;

(g) prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;

(h) prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;

(i) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of-

(i) people who live in the local authority's area,

(ii) people to whom care services are being or may be provided in that area, and

(iii) people from that area to whom care services are being provided in any place."

(5) After subsection (2) insert-

"(2A) The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor-

(a) only in so far as it assists the Local Healthwatch organisation in the carrying on of activities specified in section 221(2);

(b) only in so far as it carries on such activities on the organisation's behalf.

(2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed."

(6) In subsection (3)-

(a) before the definition of "a local involvement network" insert-

""care services" has the meaning given by section 221;",

(b) omit the definition of "a local involvement network",

(c) for the definition of "local involvement network arrangements" substitute-

""Local Healthwatch arrangements" has the meaning given by section 222;"

(d) after that definition insert-

""Local Healthwatch contractor", in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;", and

(e) after the definition of "prescribed provision" insert ";

"trade mark", and "use" and "infringement" in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.""

Amendment 237A agreed.

Clause 184 : Independent advocacy services

Amendment 238 not moved.

Amendments 238ZA to 238ZF

Moved by Earl Howe

238ZA: Clause 184, page 182, line 14, at end insert-

"( ) a complaint under section 73C(1) of the National Health Service Act 2006;

( ) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or"

238ZB: Clause 184, page 182, line 29, leave out subsection (5)

238ZC: Clause 184, page 182, line 36, leave out "or" and insert "the arrangements or arrangements made"

238ZD: Clause 184, page 182, line 41, leave out from "to" to end of line 44 and insert-

"(a) a person providing services under arrangements under this section;

(b) a person arranging for the provision of services in pursuance of arrangements under this section;

(c) a person providing services under arrangements made in pursuance of arrangements under this section."

238ZE: Clause 184, page 182, line 45, leave out subsection (8)

238ZF: Clause 184, page 183, line 2, leave out "or in pursuance of arrangements under this section" and insert "arrangements under this section or arrangements made in pursuance of the arrangements"

Amendments 238ZA to 238ZF agreed.

Clause 185: Requests, rights of entry and referrals

Amendments 238ZG to 238ZV

Moved by Earl Howe

238ZG: Clause 185, page 183, line 42, after "organisation" insert "or a Local Healthwatch contractor"

238ZH: Clause 185, page 184, line 1, leave out "or in pursuance of"

238ZJ: Clause 185, page 184, leave out lines 4 and 5 and insert-

"(b) in compliance with a requirement imposed by virtue of section 223(2)(i)."

238ZK: Clause 185, page 184, line 5, at end insert-

"(3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2)."

238ZL: Clause 185, page 184, line 5, at end insert-

"( ) After subsection (4) insert-

"(5) In this section-

"Local Healthwatch arrangements" has the meaning given by section 222;

"Local Healthwatch contractor" has the meaning given by section 223.""

238ZM: Clause 185, page 184, line 7, after "organisations" insert "or contractors"

238ZN: Clause 185, page 184, line 11, after "organisation" insert "or a Local Healthwatch contractor"

238ZP: Clause 185, page 184, line 12, leave out subsection (7) and insert-

"(7) In subsection (4), in paragraph (a), after "section 221(1)" insert "or Local Healthwatch arrangements"."

238ZQ: Clause 185, page 184, line 13, at end insert-

"( ) After subsection (5) insert-

"(5A) In this section-

"Local Healthwatch arrangements" has the meaning given by section 222;

"Local Healthwatch contractor" has the meaning given by section 223.""

238ZR: Clause 185, page 184, line 16, after "organisations" insert "or contractors"

238ZS: Clause 185, page 184, line 19, after "organisation" insert "or a Local Healthwatch contractor"

238ZT: Clause 185, page 184, line 23, leave out "or in pursuance of"

238ZU: Clause 185, page 184, line 24, at end insert-

"(7A) For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2)."

238ZV: Clause 185, page 184, line 24, at end insert-

"( ) In subsection (8), before the definition of "overview and scrutiny committee" insert-

""Local Healthwatch arrangements" has the meaning given by section 222;

"Local Healthwatch contractor" has the meaning given by section 223;""

Amendments 238ZG to 238ZV agreed.

Clause 186: Dissolution and transfer schemes

Amendment 238ZW

Moved by Earl Howe

238ZW: Clause 186, leave out Clause 186

Amendment 238ZW agreed.

Clause 187 : Annual reports

Amendments 238ZX to 238ZZH

Moved by Earl Howe

238ZX: Clause 187, page 185, line 29, leave out subsection (2) and insert-

"(2) In subsection (2), omit "by a local authority with another person ("H")"."

238ZY: Clause 187, page 185, line 33, leave out sub-paragraph (i)

238ZZ: Clause 187, page 185, line 35, leave out sub-paragraph (ii) and insert-

"(ii) omit ", for each local involvement network,""

238ZZA: Clause 187, page 185, line 37, leave out sub-paragraph (iii) and insert-

"(iii) for "the network", in the first place it appears, substitute "the Local Healthwatch organisation",

(iiia) for "the network", in the second place it appears, substitute "the organisation","

238ZZB: Clause 187, page 185, line 39, leave out "or (as the case may be)" and insert "the arrangements or arrangements made"

238ZZC: Clause 187, page 185, line 40, leave out paragraph (b)

238ZZD: Clause 187, page 185, line 41, leave out paragraph (c) and insert-

"(c) omit sub-paragraph (ii),"

238ZZE: Clause 187, page 186, line 3, leave out subsection (4)

238ZZF: Clause 187, page 186, line 13, leave out "or H in respect of the organisation" and insert "in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,"

238ZZG: Clause 187, page 186, line 31, leave out "or" and insert "the arrangements made under section 221(1) or arrangements made"

238ZZH: Clause 187, page 186, line 33, at end insert-

"( ) In subsection (9), after the definition of "financial year" insert-

""Local Healthwatch contractor" has the meaning given by section 223;"."

Amendments 238ZX to 238ZZH agreed.

Clause 188 : Transitional arrangements

Amendments 238ZZJ to 238ZZL

Moved by Earl Howe

238ZZJ: Clause 188, page 186, line 43, leave out from "the" to end of line 45 and insert "Local Healthwatch organisation for the authority's area."

238ZZK: Clause 188, page 187, line 1, leave out subsection (3) and insert-

"(3) A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(3A) A scheme under this section may provide for the transfer of property, rights or liabilities-

(a) whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise apply.

(3B) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.

(3C) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be-

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(3D) A scheme under this section may in particular make provision about continuation of legal proceedings."

238ZZL: Clause 188, page 187, line 8, at end insert-

"( ) A scheme under this section may include supplementary, incidental and consequential provision."

Amendments 238ZZJ to 238ZZL agreed.

Amendment 238ZZM

Moved by Earl Howe

238ZZM: After Clause 188, insert the following new Clause-

"Consequential provision

(1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert-

"(bl) Local Healthwatch organisations, as regards the carrying on of activities specified in section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);".

(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert-

"Director of a Local Healthwatch organisation."

(3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert-

"Director of a Local Healthwatch organisation."

(4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert-

"35E A Local Healthwatch organisation, in respect of information held in connection with-

(a) arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or

(b) arrangements made in pursuance of arrangements made under section 221(1) of that Act."

(5) In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute-

"(e) a Local Healthwach organisation;".

(6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)-

(a) in subsection (1)(c)-

(i) for "local involvement networks" substitute "Local Healthwatch organisations or Local Healthwatch contractors", and

(ii) omit "in their areas".

(b) for subsection (3) substitute-

"(3) In subsection (1)(c), "Local Healthwatch contractor" has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.""

Amendment 238ZZM agreed.

Clause 191 : Joint strategic needs assessments

Amendment 238A

Moved by Lord Ramsbotham

238A: Clause 191, page 191, line 32, leave out "may consult any" and insert "must consult relevant health professionals and any other"

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