Amendments proposed to the Health and Social Care Bill - continued House of Commons

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NEW CLAUSES

Joint overview and scrutiny committees etc.

   

Mr John Denham

NC9

To move the following Clause:—

    '.—(1) In this section, relevant functions in relation to a local authority are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of the Local Government Act 2000 ("the 2000 Act") by an overview and scrutiny committee of that authority.

    (2) Regulations may make provision under which—

    (a) two or more local authorities may appoint a joint committee of those authorities (a "joint overview and scrutiny committee") and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee;

    (b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority;

    (c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as—

            (i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or

            (ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.

    (3) The regulations may in particular—

    (a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations;

    (b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of section 21(4) and (6) to (15) of the 2000 Act, with or without modifications.

    (4) The regulations may require, or enable the Secretary of State to direct, a local authority—

    (a) to make arrangements of any description within subsection (2), and

    (b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Secretary of State may direct.

    (5) In section 7(3) and (5), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.

    (6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.

    (7) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).

    (8) In this section "local authority" means a county council, county borough council, district council or London borough council.'.


Transfer of staff in connection with partnership arrangements

   

Mr John Denham

NC10

To move the following Clause:—

    '.—(1) The Health Act 1999 shall be amended as follows.

    (2) At the end of section 31 (arrangements between NHS bodies and local authorities) there shall be added—

            "(9) Schedule 2A makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section."

    (3) In section 62 (regulations and orders), at the end of subsection (1) there shall be inserted ", unless it is an order under paragraph 2 of Schedule 2A."

    (4) The Schedule set out in Schedule (Partnership arrangements: transfer of staff) to this Act shall be inserted in the Health Act 1999 as Schedule 2A to that Act.'.


Premises from which piloted services may be provided

   

Mr John Denham

NC12

To move the following Clause:—

    '. The relevant authority may by regulations—

    (a) prevent (except in such circumstances and to such extent as may be prescribed) the provision of both piloted services and pharmaceutical services from the same premises;

    (b) make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a list under section 42 of the 1977 Act.'.


Supplementary and consequential provision etc.

   

Mr John Denham

NC20

To move the following Clause:—

    '.—(1) The Secretary of State may by regulations make—

    (a) such supplementary, incidental or consequential provision, or

    (b) such transitory, transitional or saving provision,

    as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

    (2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

    (3) The power to make regulations under this section is also exercisable—

    (a) by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly;

    (b) by the Scottish Ministers, in relation to provision that would be within the legislative competence of the Scottish Parliament;

    (c) by the First Minister and deputy First Minister acting jointly, in relation to provision dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998).

    (4) Nothing in this Act shall be read as affecting the generality of subsection (1).'.


Reform of community health councils

   

Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne

NC1

To move the following Clause:—

    '.—(1) The Secretary of State shall lay before Parliament within 12 months of the date of coming into force of this section regulations providing for reform of community health councils in England which will ensure that all parts of the health service are effectively covered by a community health council.

    (2) Regulations under subsection (1) above shall be subject to affirmative resolution of both Houses of Parliament.'.


Medical Practice Advisory Body

   

Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne

NC2

To move the following Clause:—

    '.—(1) There shall be a body to be known as the Medical Practice Advisory Body.

    (2) The Secretary of State may make regulations for the membership, constitution and operation of the Medical Practice Advisory Body.

    (3) The function of the Medical Practice Advisory Body shall be to advise the Secretary of State on the maintenance of an adequate distribution throughout England and Wales of medical practitioners providing general medical services under section 10 of the 1977 Act or providing personal medical services under section 28C of that Act.

    (4) Any advice given to the Secretary of State by the Medical Practice Advisory Body shall be published in such manner as that body determines at the time the advice is given.'.


Association of Patients' Forums

   

Mr Paul Burstow
Dr Peter Brand

NC3

To move the following new Clause:—

    '.—(1) The Secretary of State shall establish an independent national body, known as the Association of Patients' Forums, with a duty to provide a national overview of the patient experience to the Secretary of State and National Health Service bodies, on a regional and national level.

    (2) The Secretary of State shall make regulations for the purposes of subsection (1) above.

    (3) Before making regulations for the purposes of subsection (1) above, the Secretary of State shall consult such bodies as represent the interests of persons likely to be affected by the regulations.'.


Age discrimination

   

Mr Paul Burstow
Dr Peter Brand

NC4

To move the following Clause:—

    '. It shall be unlawful for any body to which this Act applies to refuse or delay any treatment or procedure, or to provide a less favourable standard of care, in respect of any person by reason of his age.'.


Patient Advocacy and Liaison Services

   

Mr Paul Burstow
Dr Peter Brand

NC5

To move the following Clause:—

    '.—(1) The Secretary of State shall make regulations requiring all NHS trusts and Primary Care trusts to set up services to be known as Patient Advocacy and Liaison Services (PALS) and making provision for such services, including the establishment of links with Patients' Forums.

    (2) It is the duty of each PALS to provide advocacy services to patients both in relation to everyday use of services provided by, or under arrangements made by, the relevant trust and in relation to complaints, including formal complaints, about the provision of such services.

    (3) Before making regulations for the purposes of subsection (1) above, the Secretary of State shall consult such bodies as represent the interests of persons likely to be affected by the regulations.'.


Independent Local Advisory Forums

   

Mr Paul Burstow
Dr Peter Brand

NC6

To move the following Clause:—

    '.—(1) The Secretary of State shall make regulations requiring every Health Authority to set up a body known as an Independent Local Advisory Forum (ILAF), and making provision for such bodies, including the establishment of links with Patients' Forums.

    (2) It is the duty of ILAFs to provide independent advice to the Health Authority in determining the health priorities for the area and will be made up of residents of the local area including representatives from the local Patients' Forums.

    (3) Before making regulations for the purpose of subsection (1) above, the Secretary of State shall consult such bodies as represent the interests of persons likely to be affected by the regulations.'.

 
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Prepared 8 Feb 2001