Amendments proposed to the National Health Service Reform and Health Care Professions Bill - continued House of Commons

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Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald

82

Schedule     1,     page     47,     line     43,     leave out 'Strategic' and insert 'Area'.

   

Mr John Hutton

96

Schedule     1,     page     47,     line     43,     at end insert—

'Part 2

Amendments of other acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

    In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15—
    (a)   in the entry in the first column, before "a Health Authority" there is inserted "a Strategic Health Authority,", and

    (b)   in the entry in the second column, before "Health Authority" there is inserted "Strategic Health Authority,".

The Hospital Complaints Procedure Act 1985 (c. 42)

    In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1)—
    (a)   for "Health Authority and" there is substituted "Strategic Health Authority and Health Authority, to each", and

    (b)   after "which that" there is inserted "Strategic Health Authority,".

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

    (1)   The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.

    (2)   In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of "the managers", after "means the" there is inserted "Strategic Health Authority,".

    (3)   In section 16 (interpretation), after the definition of "statutory services" there is inserted—

    " "Strategic Health Authority" means a Strategic Health Authority established under section 8 of the 1977 Act;".

    The National Health Service and Community Care Act 1990 (c. 19)

        The National Health Service and Community Care Act 1990 is amended as follows.    In section 4 (NHS contracts), in subsection (2), before paragraph (a) there is inserted—
      "(za)   a Strategic Health Authority;".

    In section 4A (provision of certain services by persons on ophthalmic or pharmaceutical lists), in subsection (1), after "under which" there is inserted "a Strategic Health Authority,".

    In section 8 (transfer of property, rights and liabilities to NHS trusts), before "Health Authority", in each place where it occurs, there is inserted "Strategic Health Authority,".

    In section 21 (schemes for meeting losses and liabilities of certain health service bodies)—
      (a)   in subsection (2), before paragraph (a) there is inserted—

      "(za)   Strategic Health Authorities;", and

    (b)   in each of subsections (3), (4) and (5), before "Health Authority" there is inserted "Strategic Health Authority,".

In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after "means a" there is inserted "Strategic Health Authority,".

In section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted "a Strategic Health Authority or".    In Schedule 2 (which makes provision about NHS trusts)—

    (a)   in each of paragraphs 4(1), 4(2), 5(3), 13, 30(2) and 31, before "Health Authority" there is inserted "Strategic Health Authority,", and

    (b)   in paragraph 30(1), after paragraph (a) there is inserted—

    "(aa)   a Strategic Health Authority, or".

The Health Service Commissioners Act 1993 (c. 46)

In section 2 of the Health Service Commissioners Act 1993 (bodies subject to investigation), in subsection (1), for paragraph (a) there is substituted—

    "(a)   Strategic Health Authorities,".

The 1999 Act

The 1999 Act is amended as follows.
In section 20 (functions of the Commission for Health Improvement)—
    (a)   in subsection (1)(c), before "Health Authorities" there is inserted "Strategic Health Authorities,", and

    (b)   in subsection (7), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".

In section 21 (arrangements with the Audit Commission), in subsection (1)(b)(iii), after "relate to" there is inserted "Strategic Health Authorities,".    In section 26 (co-operation between NHS bodies), after "duty of" there is inserted "Strategic Health Authorities,".

In section 28 (plans for improving health etc)—

    (a)   in subsection (6)—

    (i)   in paragraphs (b) and (g), before "Health Authorities" there is inserted "Strategic Health Authorities,", and

    (ii)   in paragraph (h), after "provision by" there is inserted "Strategic Health Authorities,", and

    (b)   in subsection (9), after "duty of" there is inserted "Strategic Health Authorities,".



In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".

In section 61 (English and Scottish border provisions), in subsection (2), for "Health Authority" there is substituted "Strategic Health Authority".

The Health and Social Care Act 2001 (c. 15)

    (1)   The Health and Social Care Act 2001 is amended as provided in this paragraph.

    (2)   In section 7 (functions of overview and scrutiny committees), in subsection (4), after "means a" there is inserted "Strategic Health Authority,".

    (3)   In section 46 (directed partnership arrangements), in subsection (5), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".'.


   

Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald

122

*Clause     2,     page     2,     line     39,     after 'state', insert ', not before 1st April 2003,'.


   

Mr John Hutton

97

Schedule     2,     page     48,     line     5,     leave out from '2' to end of line and insert—

    '(1)   Section 15 (duty of Health Authority in relation to family health services) is amended as provided in this paragraph.

    (2)'.   

   

Mr John Hutton

98

Schedule     2,     page     48,     line     6,     leave out 'each of subsections (1) and (1ZA)' and insert 'subsection (1)'.

   

Mr John Hutton

99

Schedule     2,     page     48,     line     7,     at end insert—

    '(3)   In subsection (1B)—

    (a)   before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or",

    (b)   for "that Authority's medical list" there is substituted "the medical list of that Trust or Authority", and

    (c)   for "that Authority" there is substituted "that Trust or Authority".

    (4)   In subsection (1BA)—

    (a)   after "relevant" there is inserted "Primary Care Trust or", and

    (b)   for "the Authority" there is substituted "the Trust or Authority".

    (5)   Sub-paragraphs (3) and (4), and this sub-paragraph, shall cease to have effect on the coming into force of paragraph 8 of Schedule 4 to the 1999 Act (which repeals subsections (1B) to (1D) of section 15 of the 1977 Act).'.

   

Mr John Hutton

100

Schedule     2,     page     55,     line     3,     at end insert—

'Part 2

Amendments of other acts

The National Assistance Act 1948 (c. 29)



In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), after "consent of such" there is inserted "Primary Care Trust or".

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

    In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 16, in the entry in the second column, before "Health Authority" there is inserted "Primary Care Trust,".

The Health Services and Public Health Act 1968 (c. 46)

    (1)   The Health Services and Public Health Act 1968 is amended as provided in this paragraph.

    (2)   In section 63 (provision of instruction for certain persons), in subsection (2)(b), before "Health Authority" there is inserted "Primary Care Trust or".

    (3)   In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), before "Health Authority" there is inserted "Primary Care Trust or".

The Health and Safety at Work etc Act 1974 (c. 37)



In section 60 of the Health and Safety at Work etc Act 1974 (which makes supplementary provision in relation to the employment medical advisory service), in subsection (1), after "that each" there is inserted "Primary Care Trust and".

The Mental Health Act 1983 (c. 20)

    The Mental Health Act 1983 is amended as follows.

In section 25A (applications for supervision), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".

In section 25C (supervision applications: supplementary), in subsection (6), after "consent of the" there is inserted "Primary Care Trust or".

In section 25F (reclassification of patient subject to after-care under supervision), in subsection (1), after "effect to the" there is inserted "Primary Care Trust or".

In section 39 (information as to hospitals), in subsection (1), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".

In section 117 (after-care), in each of subsections (2), (2A) and (3), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".

In section 140 (notification of hospitals having arrangements for reception of urgent cases)—
    (a)   after "duty of" there is inserted "every Primary Care Trust and of",

    (b)   for "Health Authority's area" there is substituted "area of the Primary Care Trust or Health Authority", and

    (c)   after "available to the" there is inserted "Primary Care Trust or".



In section 145 (interpretation), in paragraph (a) of the definition of "the managers", before "Health Authority" there is inserted "Primary Care Trust,".

The Public Health (Control of Disease) Act 1984 (c. 22)

    (1)   The Public Health (Control of Disease) Act 1984 is amended as provided in this paragraph.

    (2)   In section 11 (cases of notifiable disease and food poisoning to be reported), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".

    (3)   In section 12 (fees for certificates under section 11), in subsection (1), after "that a" there is inserted "Primary Care Trust or".

    (4)   In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), after "to the" there is inserted "Primary Care Trust or".

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)



In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital), in subsection (9), for paragraph (a) of the definition of "health authority" there is substituted—
    "(a)   in relation to England, means a Primary Care Trust,

    (aa)   in relation to Wales, means a Health Authority, and".

The Children Act 1989 (c. 41)

    In Schedule 2 to the Children Act 1989 (local authority support for children and families), in paragraph 1A(3)(a), for "and" there is substituted "or".

The National Health Service and Community Care Act 1990 (c. 19)

    The National Health Service and Community Care Act 1990 is amended as follows.

In section 4A (provision of certain services by persons on ophthalmic or pharmaceutical lists), in subsection (1), after "a Strategic Health Authority," (inserted by Schedule 1 to this Act) there is inserted "a Primary Care Trust,".    (1)In section 18 (indicative amounts for doctors' practices)—
    (a)   in subsection (1)—

      (i)   after "financial year," there is inserted "every Primary Care Trust and", and

      (ii)   before "Health Authority", in the second and third places it occurs, there is inserted "Primary Care Trust or",

    (b)   before "Health Authority", in each other place where it occurs except in subsection (7), there is inserted "Primary Care Trust or", and

    (c)   in subsection (7), for "Health Authority" there is substituted "Primary Care Trust".

    (2)   This paragraph shall cease to have effect on the coming into force of paragraph 80 of Schedule 4 to the 1999 Act (which repeals section 18 of the National Health Service and Community Care Act 1990).



In section 47 (assessment of needs for community care services), in subsection (3)—

    (a)   before "Health Authority", where it first occurs, there is inserted "Primary Care Trust or", and

    (b)   before "Health Authority", in each other place where it occurs, there is inserted "Primary Care Trust,".

In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after "Strategic Health Authority," (inserted by Schedule 1 to this Act) there is inserted "Primary Care Trust,".    

In Schedule 2 (which makes provision about NHS trusts), in paragraph 31, after "Strategic Health Authority" (inserted by Schedule 1 to this Act) there is inserted "Primary Care Trust,".

The Access to Health Records Act 1990 (c. 23)

    (1)   The Access to Health Records Act 1990 is amended as provided in this paragraph.

    (2)   In section 1 (definitions of certain terms), in subsection (2)(a)(ii), before "Health Authority" there is inserted "Primary Care Trust,".

    (3)   In section 7 (duty of health service bodies etc to take advice), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust,".


The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), before "Health Authority" there is inserted "Primary Care Trust or".

The Health Service Commissioners Act 1993 (c. 46)

    (1)   The Health Service Commissioners Act 1993 is amended as provided in this paragraph.

    (2)   In section 2 (bodies subject to investigation)—

    (a)   in subsection (1), in paragraph (da), "established for areas in England" is omitted, and

    (b)   in subsection (2), in paragraph (a), "whose areas are in Wales" is omitted.

    (3)   In section 6 (which provides for certain action by Health Authorities, etc not to be investigated), in each of subsections (3) and (5), after "taken by a" there is inserted "Primary Care Trust or".

The Health Authorities Act 1995 (c. 17)

    In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust,".

The Employment Rights Act 1996 (c. 18)



In section 43K of the Employment Rights Act 1996 (extended meaning of "worker" for Part 4A of that Act), in subsection (1)(c)(i), before "Health Authority" there is inserted "Primary Care Trust or".'.

 
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