division_name: Health and Social Care Bill
motion: <p pid="a.109.1/2" pwmotiontext="notmoved">[Amendment No. 7 not moved.]</p>
  
  <p pid="a.110.0/1" pwmotiontext="moved">moved Amendment No. 8:</p>
  
  <p class="indent" pid="a.110.0/2" pwmotiontext="moved">Before Clause 12, insert the following new clause--</p>
  
  <p pid="a.110.0/3" pwmotiontext="moved">"REFORM OF COMMUNITY HEALTH COUNCILS</p>
  
  <p pid="a.110.0/4" pwmotiontext="moved">(1) The Secretary of State shall by regulations provide for the reform of Community Health Councils established for districts in England under section 20 of the 1977 Act.</p>
  
  <p pid="a.110.0/5" pwmotiontext="moved">(2) The regulations shall provide for--</p>
  
  <p pid="a.110.0/6" pwmotiontext="moved">(a) renaming Community Health Councils as Patients' Councils (referred to in this section as "Councils");</p>
  
  <p pid="a.110.0/7" pwmotiontext="moved">(b) the information which local National Health Service bodies must provide to Councils;</p>
  
  <p pid="a.110.0/8" pwmotiontext="moved">(c) the funding of Councils and the provision of premises and other facilities by the Secretary of State;</p>
  
  <p pid="a.110.0/9" pwmotiontext="moved">(d) the membership of Councils.</p>
  
  <p pid="a.110.0/10" pwmotiontext="moved">(3) The functions of a Council are--</p>
  
  <p pid="a.110.0/11" pwmotiontext="moved">(a) to establish sub-committees for each National Health Service trust and Primary Care Trust in the district of the Council, to be known as Patients' Forums (referred to in this section as "Forums");</p>
  
  <p pid="a.110.0/12" pwmotiontext="moved">(b) to facilitate the co-ordination by Forums of their activities;</p>
  
  <p pid="a.110.0/13" pwmotiontext="moved">(c) to make reports and submit recommendations to Health Authorities, local authorities and their committees, National Health Service trusts, Primary Care Trusts, the national patients' body for England and to the Secretary of State in accordance with the regulations;</p>
  
  <p pid="a.110.0/14" pwmotiontext="moved">(d) to carry out such arrangements as may be made with the Council under section 19A of the 1977 Act (independent advocacy services);</p>
  
  <p pid="a.110.0/15" pwmotiontext="moved">(e) to appoint, for each Forum within its district, one member as a non-executive director to the board of the trust to which the Forum relates;</p>
  
  <p pid="a.110.0/16" pwmotiontext="moved">(f) to appoint a representative, having such functions as may be prescribed, to attend meetings of each relevant health authority;</p>
  
  <p pid="a.110.0/17" pwmotiontext="moved">(g) to arrange for functions of Forums to be performed under joint arrangements between Councils, where such arrangements are appropriate to meet the needs of their communities;</p>
  
  <p pid="a.110.0/18" pwmotiontext="moved">(h) to receive and respond to disclosures under the Public Interest Disclosure Act 1998 (c. 23) where such disclosures reveal matters of concern for patients in the health service or for the wider community;</p>
  
  <p pid="a.110.0/19" pwmotiontext="moved">(i) to refer issues of concern to patients to health authorities, local authorities and such national quality assurance bodies as the regulations may prescribe and to the Secretary of State;</p>
  
  <p pid="a.110.0/20" pwmotiontext="moved">(j) such other functions as the regulations may prescribe.</p>
  
  <p pid="a.110.0/21" pwmotiontext="moved">(4) The functions of a Forum are to--</p>
  
  <p pid="a.110.0/22" pwmotiontext="moved">(a) monitor and review the operation of services provided by, or under arrangements made by, the trust to which it relates;</p>
  
  <p pid="a.110.0/23" pwmotiontext="moved">(b) obtain the views of patients, carers and the wider community about those services and report on those views to the Council and to the trust;</p>
  
  <p pid="a.110.0/24" pwmotiontext="moved">(c) having regard to the views obtained in accordance with subsection (4)(b), provide advice and make reports and recommendations about matters relating to those services to the Council, the relevant Health Authority, and the trust;</p>
  
  <p pid="a.110.0/25" pwmotiontext="moved">(d) make available to patients and their carers advice and information about those services;</p>
  
  <p pid="a.110.0/26" pwmotiontext="moved">(e) carry out such functions in relation to primary care services as may be prescribed by regulations made by the Secretary of State;</p>
  
  <p pid="a.110.0/27" pwmotiontext="moved">(f) in prescribed circumstances, to perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers;</p>
  
  <p pid="a.110.0/28" pwmotiontext="moved">(g) carry out such other functions as may be prescribed.</p>
  
  <p pid="a.110.0/29" pwmotiontext="moved">(5) Regulations shall provide for the membership of a Forum, which shall comprise--</p>
  
  <p pid="a.110.0/30" pwmotiontext="moved">(a) as to at least a quarter of its membership, members or representatives of voluntary organisations whose members or client groups have an interest in the health service;</p>
  
  <p pid="a.110.0/31" pwmotiontext="moved">(b) as to at least a quarter of its membership, patients;</p>
  
  <p pid="a.110.0/32" pwmotiontext="moved">(c) as to at least a quarter of its membership, carers;</p>
  
  <p pid="a.110.0/33" pwmotiontext="moved">(d) such other persons as may be prescribed.</p>
  
  <p pid="a.110.0/34" pwmotiontext="moved">(6) References in subsection (4) to "services" are references to--</p>
  
  <p pid="a.110.0/35" pwmotiontext="moved">(a) services provided as part of the health service (within the meaning of the 1977 Act) in England,</p>
  
  <p pid="a.110.0/36" pwmotiontext="moved">(b) services provided in England in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority, and</p>
  
  <p pid="a.110.0/37" pwmotiontext="moved">(c) services provided elsewhere (and not part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.</p>
  
  <p pid="a.110.0/38" pwmotiontext="moved">(7) In this section--</p>
  
  <p pid="a.110.0/39" pwmotiontext="moved">(a) "relevant Health Authority" in subsection (4)(c) in relation to a Forum for a Primary Care Trust, means the Health Authority whose area is, or includes, the area for which the trust is established;</p>
  
  <p pid="a.110.0/40" pwmotiontext="moved">(b) "prescribed" means prescribed by regulations made by the Secretary of State;</p>
  
  <p pid="a.110.0/41" pwmotiontext="moved">(c) "section 31 arrangements" means arrangements under regulations under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities);</p>
  
  <p pid="a.110.0/42" pwmotiontext="moved">(d) "carer", in relation to a patient, means a person who provides care for the patient, but who is not employed to do so by any body in the exercise of its functions under any enactment;</p>
  
  <p pid="a.110.0/43" pwmotiontext="moved">(e) "the health service" has the same meaning as in the 1977 Act;</p>
  
  <p pid="a.110.0/44" pwmotiontext="moved">(f) "patient" includes (as well as a patient within the meaning of that Act) a person who receives services provided in pursuance of section 31 arrangements in relation to the exercise of health related functions of a local authority."</p>
  
  <p pid="a.134.2/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 8) shall be agreed to?</p>
  
  <p pid="a.134.2/2" pwmotiontext="divided">Their Lordships divided: Contents, 162; Not-Contents, 121.</p>