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

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Mr Secretary Milburn

115

Page     33,     line     15     [Clause     29],     at end insert—

    '( ) In section 102 of the 1977 Act (allowances and remuneration for members of certain bodies), in each of subsections (1)(a)(v) and (2)(d), for "the Tribunal constituted under section 46 above" there shall be substituted "the FHSAA".'.

   

Mr Secretary Milburn

117

Page     33,     line     25     [Clause     29],     leave out from beginning to end of line 26 and insert—

    '(a) a President;

    (b) one or more Deputy Presidents; and

    (c) a number of other members,

    all appointed by the Lord Chancellor.'.

   

Mr Secretary Milburn

118

Page     33,     line     28     [Clause     29],     leave out 'with the consent of' and insert 'after consulting'.

   

Mr Secretary Milburn

119

Page     33,     line     28     [Clause     29],     at end insert—

    '. The terms of appointment of the other members, and the qualifications which they must have in order to be eligible for appointment, shall be determined by the Lord Chancellor.'.

   

Mr Secretary Milburn

120

Page     33,     line     31     [Clause     29],     at end insert ', and a person appointed as a Deputy President shall have a 7 year general qualification'.

   

Mr Secretary Milburn

121

Page     33,     line     32     [Clause     29],     leave out from beginning to end of line 33 and insert—

    '4. Each person appointed under paragraph 1—

    (a) shall hold and vacate office in accordance with the terms of his appointment;'.

   

Mr Secretary Milburn

122

Page     33,     line     38     [Clause     29],     after 'services' insert ', or performing personal medical services under section 28C arrangements'.

   

Mr Secretary Milburn

123

Page     33     [Clause     29],     leave out line 39.

   

Mr Secretary Milburn

124

Page     33,     line     40     [Clause     29],     after 'services' insert ', or performing personal dental services under section 28C arrangements'.

   

Mr Secretary Milburn

125

Page     33,     line     41     [Clause     29],     after 'optician' insert 'or medical practitioner'.

   

Mr Secretary Milburn

126

Page     33,     line     42     [Clause     29],     after 'services' insert 'or local pharmaceutical services (whether under this Act or under a pilot scheme made under section 29 of the Health and Social Care Act 2001)'.

   

Mr Secretary Milburn

127

Page     33,     line     43     [Clause     29],     after 'include' insert 'such number of persons with a 7 year general qualification (construed as in paragraph 3) as the Lord Chancellor considers appropriate bearing in mind the requirements of paragraph 10, and'.


   

Mr Secretary Milburn

128

Page     34,     line     3     [Clause     29],     leave out from beginning to end of line 4.

   

Mr Secretary Milburn

129

Page     34,     line     8     [Clause     29],     leave out from beginning to end of line 14 and insert—

    '8. The functions of the FHSAA shall be exercised by panels consisting—

    (a) in the case of functions referred to in section 49P(4) above, of such one or more members as the President may choose; and

    (b) in the case of other functions, of three members chosen by the President,

    and, in either case, the President may include himself (or, in the case of a one-member panel, may constitute the panel).

    9. Subject to paragraph 10, at least one member of each panel (or, in the case of a one-member panel, that member) must have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

    10. In the case of a panel constituted for the purposes of section 49J or 49K above, one member of the panel must have the qualification mentioned in paragraph 9, and (unless the President decides otherwise)—

    (a) if the practitioner provides general medical services, one member of the panel must fall within paragraph 5(a), and so on as respects a practitioner who provides one of the other services referred to in section 49F(1); and

    (b) the third member must neither fall within any of sub-paragraphs (a) to (e) of paragraph 5 nor have a legal qualification.

    11. Where a panel has more than one member—

    (a) the President shall nominate one of the members as chairman,

    (b) decisions shall be taken by a majority of votes, and

    (c) if there is a tie the chairman shall have a second vote as a casting vote.

    12. The FHSAA shall—

    (a) give notice of a panel's decision and of the reasons for it to each party to the proceedings; and

    (b) publish each decision of a panel falling within paragraph 13 in such way as it considers appropriate;

    and it may send a copy of any such decision to such prescribed persons or persons of prescribed descriptions as it considers appropriate, together with any information relevant to the decision which the FHSAA considers it appropriate to include.

    13. The following decisions fall within this paragraph—

    (a) a decision on national disqualification (see section 49K above);

    (b) a decision to allow an appeal brought by virtue of section 49J(a), (b) or (c) above; and

    (c) such other decisions as may be prescribed.

    14. The FHSAA may publish a decision not falling within paragraph 13 if it considers it appropriate to do so.

    15. The Lord Chancellor may make rules as to—

    (a) the composition of panels,

    (b) the allocation to panels of cases, or of particular proceedings in any case, and

    (c) the procedure to be followed by a panel in considering any matter before it.

    16. The Lord Chancellor shall make rules—

    (a) giving each party to proceedings before a panel the opportunity of putting his case at a hearing,

    (b) entitling each party to be legally represented at any hearing (whether it is held at the instance of the panel or of a party), and

    (c) securing that any hearing is held in public unless the practitioner asks for it to be in private (a request which the panel must consider but need not grant).

    17. Rules under this Schedule may, in particular, make provision—

    (a) as to the carrying out by a Deputy President of functions of the President,

    (b) as to how, and as to the time within which, an application to the FHSAA is to be made, or an appeal to the FHSAA is to be brought (so far as the matter is not provided for in this or any other Act),

    (c) as to the matters referred to in paragraph 12,

    (d) for the giving by the panel of directions to the parties as to the conduct of the case, and for the consequences of failure to comply with such directions (which may include allowing or dismissing the appeal or application if the failure to comply was without reasonable excuse);

    (e) empowering a panel to require persons to attend and give evidence or produce documents,

    (f) about the admissibility of evidence, and

    (g) enabling the panel to administer oaths.

    18. No person shall be required by virtue of any such rules to give any evidence or produce any document or other material which he could not be compelled to give or produce in civil proceedings in a court in England and Wales.

Miscellaneous

    19.—(1) The President must, in respect of each period of 12 months beginning on 1st April, prepare a written report about the FHSAA's activities during that period.

    (2) He must send a copy of the report to the Lord Chancellor, the Secretary of State and the National Assembly for Wales.

    (3) After consulting the Lord Chancellor and the National Assembly for Wales, the Secretary of State may give directions to the President as to subjects with which the report must deal.

    20. The President must arrange such training for himself and the other members of the FHSAA as he considers appropriate.

Interpretation

    21. In this Schedule—

    "practitioner" means the person whose case is before the FHSAA;

    "prescribed" means prescribed by the Lord Chancellor in rules.'.


   

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

31

Page     36,     line     27     [Clause     34],     at end insert—

    '(4) If the relevant authority makes a direction to a Health Authority under subsection (3) it shall make directions at the same time requiring the Health Authority to contract with each participant in a pilot scheme brought to an end as a result of a direction under subsection (3) to provide Part II services from the premises from which he was participating in the pilot scheme.'.


   

Sir George Young

14

Page     44,     line     17     [Clause     47],     leave out from 'that' to end of line 22 and insert 'the establishment of a new body would be likely to promote the proper integration of prescribed health-related functions of a local authority in conjunction with prescribed NHS functions of a Primary Care Trust or NHS trust,

    the relevant authority may establish a Care Trust to undertake relevant functions of the Primary Care Trust or NHS Trust and the prescribed health-related functions of the local authority.'.


   

Mr Secretary Milburn

27

Page     45,     line     31     [Clause     47],     after first 'or', insert 'of the board of directors of an'.

 
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