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Amendment Paper as at
Wednesday 14th February 2001

CONSIDERATION OF BILL


HEALTH AND SOCIAL CARE BILL, AS AMENDED

NEW CLAUSES

Enhanced criminal record certificates

   

Mr Secretary Milburn

NC11

To move the following Clause:—

    '.—(1) Section 115 of the Police Act 1997 (enhanced criminal record certificates) shall be amended as follows.

    (2) In subsection (2)—

    (a) the word "or" after paragraph (a) shall be omitted; and

    (b) at the end of paragraph (b) there shall be inserted "or

          (c) in relation to an individual to whom subsection (6C), (6D) or (6E) applies."

    (3) After subsection (6B) there shall be inserted—

            "(6C) This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part II of the National Health Service Act 1977 of—

          (a) medical practitioners undertaking to provide general medical services,

          (b) persons undertaking to provide general dental services,

          (c) persons undertaking to provide general ophthalmic services, or

          (d) persons undertaking to provide pharmaceutical services.

            (6D) This subsection applies to an individual who is—

          (a) a director of a body corporate included or seeking inclusion in a list referred to in subsection (6C)(b) or (c),

          (b) a member of a limited liability partnership included or seeking inclusion in a list referred to in subsection (6C)(c),

          (c) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) included or seeking inclusion in a list referred to in subsection (6C)(d).

            (6E) This subsection applies to an individual included or seeking inclusion in any list prepared by a Health Authority under—

          (a) section 28DA of the National Health Service Act 1977 or section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services), or

          (b) section 43D of the 1977 Act (supplementary lists),

            and to an individual included or seeking inclusion in any list corresponding to a list referred to in paragraph (a) prepared by a Health Authority by virtue of regulations made under section 43 of the Health and Social Care Act 2001 (which provides for the application of enactments in relation to local pharmaceutical services).".'.


Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists.

   

Mr Secretary Milburn

NC12

To move the following Clause:—

    '. After section 43 of the 1977 Act there shall be inserted—

"Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists.43ZA.—(1) The Secretary of State may by regulations provide—

    (a) that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,

    (b) for the Health Authority to vary that person's terms of service for the purpose of or in connection with the imposition of any such conditions,

    (c) for the Health Authority to vary the conditions or impose different ones,

    (d) for the consequences of failing to comply with a condition (including removal from the list), and

    (e) for the review by the Health Authority of any decision made by virtue of the regulations.

    (2) The imposition of conditions must be with a view to—

    (a) preventing any prejudice to the efficiency of the services in question, or

    (b) preventing any acts or omissions within section 49F(3)(a) below.

    (3) The lists in question are—

    (a) a list of persons undertaking to provide general medical services,

    (b) a list of persons undertaking to provide general dental services,

    (c) a list of persons undertaking to provide general ophthalmic services,

    (d) a list of persons undertaking to provide pharmaceutical services.

    (4) If regulations do so provide, they must also provide for an appeal by the person in question to the FHSAA against the Health Authority's decision—

    (a) to impose conditions, or any particular condition,

    (b) to vary a condition,

    (c) to vary his terms of service,

    (d) to remove him from the list for breach of condition,

    and the appeal shall be by way of redetermination of the Health Authority's decision.

    (5) The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it.".'.


Application to the City of London

   

Mr Secretary Milburn

NC13

To move the following Clause:—

    '.—(1) The Common Council may establish a committee which has, in relation to the City of London, the powers which under section 21(2)(f) of the Local Government Act 2000 a local authority's overview and scrutiny committee has in relation to the authority's area.

    (2) Sections 7(3) to (6), 8 and 9 and Schedule 1 apply as if such a committee were an overview and scrutiny committee and as if the Common Council were a London borough council.

    (3) Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—

    (a) of subsections (1) to (3), (5) and (9),

    (b) in subsection (8), of "Executive",

    (c) in subsection (11), of paragraph (b), and

    (d) in subsection (13)(a), of the reference to members of the executive.

    (4) In the provisions applied by subsections (2) and (3), references to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection.

    (5) "The Common Council" means the Common Council of the City of London.'.


Patient data

   

Dr Liam Fox
Mr Philip Hammond
Mrs Caroline Spelman
Mr Desmond Swayne
Mr Peter Luff

NC1

To move the following Clause:—

    '.—(1) The Secretary of State may by regulations make such provision for and in connection with requiring and regulating the transmission, holding, processing or otherwise dealing with prescribed patient information as he considers necessary or expedient for the purpose of maintaining disease registers.

    (2) In this section—

    "disease registers" means those registers of incidence of specified diseases as the Secretary of State shall by regulation prescribe;

    "prescribed patient information" means patient information specified in or determined in accordance with regulations made by the Secretary of State under this section;

    "processing", in relation to information, means the use, disclosure or obtaining of the information or the doing of such other things in relation to it as may be prescribed by regulations.

    (3) Regulations made under this section shall not be made unless a draft of the statutory instrument containing the regulation has been laid before, and approved by a resolution of, each House of Parliament.'.


Community health councils: scheme for reform

   

Dr Liam Fox
Mr Philip Hammond
Mrs Caroline Spelman
Mr Desmond Swayne
Mr Peter Luff
Mr Tim Loughton
Mr Simon BurnsMr David RuffleyMr Gerald Howarth
Mr Jonathan SayeedMr Oliver LetwinMr Crispin Blunt
Mrs Ann WintertonMr John M. TaylorMr Michael Trend
Mrs Angela BrowningMr Michael FabricantMr Tim Boswell
Mr Robert KeyMr Eric PicklesMr Christopher Gill
Mr David Heathcoat-AmoryMiss Anne McIntoshMr Graham Brady
Mr David AmessMr Peter BottomleyMr Stephen O'Brien
Mr Patrick McLoughlinMr John RandallMrs Jacqui Lait
Mr Stephen Day

NC2

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 setting out a scheme for the reform of Community Health Councils in England.

    (2) The scheme set out by the Secretary of State in regulations under subsection (1) above shall extend to all parts of the health service (including the provision of Part II services under the 1977 Act).

    (3) The Secretary of State may make regulations providing for access by members of a Community Health Council to premises from which services under Part II of the 1977 Act are provided.

    (4) The scheme set out by the Secretary of State in regulations under subsection (1) shall provide for the proper representation of the population in the area served by a Community Health Council on that Council.

    (5) Regulations under subsection (1) may not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.


Nursing care and community care services

   

Dr Liam Fox
Mr Philip Hammond
Mrs Caroline Spelman
Mr Desmond Swayne
Mr Peter Luff

NC3

To move the following Clause:—

    '.—(1) With effect from such day as the Secretary of State shall prescribe by regulations, nothing in any enactment shall authorise or require a local authority, in or in connection with the provision of community care services, to provide or arrange for the provision to any person of nursing care.

    (2) In this section "nursing care" means such care services (including the planning and supervision of care) as are customarily and appropriately provided by nursing staff (whether registered or not) as the Secretary of State shall by regulations prescribe.

    (3) Regulations made under subsection (2) above shall not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.

 
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Prepared 14 Feb 2001