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Session 1998-99
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Amendments to the Health Bill [H.L.]

Health Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Health Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 2
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 1, line 14, after ("may") insert ("only after a request from the doctors on the medical list of the Health Authority who would be covered by the specified area, and") 
     Page 2, leave out lines 7 and 8 
     Page 2, line 12, at end insert--
 
    ("(  )  Every Primary Care Trust, or other body exercising functions on behalf of the Primary Care Trust, shall make arrangements for securing that they receive from--
    (a)  medical practitioners, registered nurses and registered midwives, and
    (b)  other persons with professional expertise in and experience of health care,
advice appropriate for enabling the Primary Care Trust effectively to exercise the functions conferred or imposed on it under or by virtue of this or any other Act.")
 
     Page 2, line 28, leave out subsection (2) 
  
Schedule 1
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
BY THE LORD CLEMENT-JONES
[In substitution for the amendment printed on sheet HL Bill 15(d)]
 
     Page 41, line 7, at end insert-- 
 ("PART AI 
 FUNCTIONS OF PRIMARY CARE TRUSTs 
     .  In furthering their prime purpose Primary Care Trusts shall carry out any or all of the following functions within their area of responsibility--
    (a)  the development of primary care and community care services;
    (b)  the commissioning of hospital services for patients, other than specialised services;
    (c)  the promotion of healthier lifestyles;
    (d)  with other local partners, the creation of a joint approach to local services which contribute to a healthier life style or reduce accidents;
    (e)  the development of particular services to improve the access to health of disadvantaged or vulnerable residents;
    (f)  the shaping of local health services to reflect local needs in an appropriate manner which ensures the support of users and carers;
    (g)  the support and promotion of best clinical practise;
    (h)  the promotion of high standards of professional training;
    (i)  the encouragement of an innovative approach on the part of all partners in the provision of appropriate and responsive local health care and promotion; and
    (j)  any other activities and functions which, from time to time, the Secretary of State shall delegate by order.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
[In substitution for the amendment tabled on sheet HL Bill 15(a)]
 
     Page 41, line 9, at end insert--
 
    ("A1.  Before making a PCT order, the Secretary of State shall consult the following bodies--
    (a)  the British Medical Association;
    (b)  the Royal College of Nursing;
    (c)  all affected Health Authorities;
    (d)  all affected community health councils;
    (e)  all affected NHS trusts;
    (f)  representative bodies of professions allied to medicine;
    (g)  all affected local authorities;
    (h)  local representative committees;
    (i)  all affected voluntary groups;
    (j)  such other relevant bodies as the Secretary of State shall determine,
and shall publish the responses to the consultation.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 42, line 5, leave out ("number") and insert ("majority") 
     Page 42, line 5, at end insert--
 
("in making appointments under paragraph 4, the appropriate authorities shall secure that a variety of skills and experience is available among the officers and other persons (including experience related to the interests of consumers, patients and carers).")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the first Schedule to the Bill. 
  
Clause 3
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. 
  
Clause 4
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 4, line 44, at end insert--
 
    ("(  )  If a Primary Care Trust plans to make any changes in the services that it provides, or arrangements it makes for the provision of goods or services to another health service body, then in preparing or reviewing any plan under this section it must consult, or seek the participation of, community health councils and voluntary organisations and members of the public who reside within Primary Care Trust areas, or any other area where people may be affected by the changes, and such other persons as the Secretary of State may direct.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 5, line 24, at end insert--
 
    ("(  )  The Secretary of State may by regulations make provision enabling a Primary Care Trust to enter into one or more agreements for the provision of specialist medical services for any area which includes that specified in its PCT Order.")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill. 
  
Clause 6
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 6, line 38, at end insert--
        ("(3G)  Where the Secretary of State reduces the allotment to any Health Authority, he shall publish details of the reasons for the reduction.")
 
  
Clause 7
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 7, leave out lines 3 to 9 
  
Clause 8
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 9, line 2, at end insert--
 
    ("(6A)  The functions which shall be specified in an order under subsection (1) above include a duty to comply with any direction the Secretary of State may make in respect of medical workforce planning."")
 
  
Clause 13
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 11, line 7, leave out subsection (1) 
     Page 11, line 7, after second ("trust,") insert ("and each independent hospital,") 
     Page 11, line 8, after ("arrangements") insert ("(including identifying adequate resources)") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 11, line 9, at end insert--
 
    ("(  )  The reference in subsection (1) to monitoring includes the monitoring by ethnic origin of individuals receiving health care.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 11, line 12, at end insert--
 
    ("(  )  Each Primary Care Trust and NHS Trust shall publish reports on the arrangements in subsection (1), which shall include how such arrangements reflect the views of users and carers in setting standards, monitoring provision and evaluating outcomes, and how they have carried out recommendations from the National Institute for Clinical Excellence.")
 
     Page 11, line 14, at end insert--
 
    ("(  )  In monitoring and improving the quality of health care which it provides to individuals, it shall be the duty of each NHS Trust to ensure that it takes account of the need to meet or exceed any relevant national standards.")
 
     Page 11, line 17, at end insert ("and
    (b)  to the extent that they are not otherwise covered by the foregoing--
          (i)  the reception of pregnant women or of women immediately after childbirth;
          (ii)  the carrying out of surgical procedures under anaesthesia;
          (iii)  the termination of pregnancies;
          (iv)  endoscopy;
          (v)  haemodialysis or peritoneal dialysis;
          (vi)  treatment by specially controlled techniques within the meaning of Part II of the Registered Homes Act 1984 and regulations made thereunder; and
          (vii)  the reception of, and the provision of nursing and other medical treatment (including care, habilitation and rehabilitation under medical supervision) for, one or more mentally disordered patients (meaning persons suffering, or appearing to be suffering, from mental disorder) whether exclusively or in common with other persons.")
 
     Page 11, line 18, at end insert--
 
    (""independent hospital" means any premises --
    (a)  within the meaning of "hospital" given by section 128(1) of the 1977 Act;
    (b)  which are not a health service hospital within the meaning of the 1977 Act nor maintained or controlled by a government department or local authority or any other authority or body instituted by special Act of Parliament or incorporated by Royal Charter, and
    (c)  which are used or intended to be used for the provision of health care within the meaning of this section,
but excludes--
    (i)  any premises used, or intended to be used solely or predominantly, for the reception of and the provision of nursing for persons suffering from any sickness, injury or infirmity;
    (ii)  any sanatorium provided at a school or educational establishment and used, or intended to be used, solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families;
    (iii)  any first aid or treatment room provided at factory premises, at premises to which the Offices, Shops and Railways Premises Act 1963 applies or at a sports ground, showground or place of public entertainment;
    (iv)  any premises used, or intended to be used, wholly or mainly--
          (a)  by a medical practitioner for the purpose of consultations with his patients;
          (b)  by a dental practitioner or chiropodist for the purpose of treating his patients, or
          (c)  for the provision of occupational health facilities,
 
 
    unless they are used or intended to be used for the provision of treatment by specially controlled techniques as defined in section 21 of the Registered Homes Act 1984 and any regulations made thereunder;
 
 
    (v)  any premises used, or intended to be used, wholly or mainly as a private dwelling; or
    (vi)  any other premises excepted from the definition of a "nursing home" for the purposes of section 21 of the Registered Homes Act 1984 by regulations made thereunder by the Secretary of State.")
 
  
Clause 14
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 11, line 23, leave out subsection (3) 
  
Schedule 2
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 48, line 9, at end insert ("a majority of whom shall be lay members") 
     Page 48, line 9, at end insert--
 
    ("  .  In making appointments under paragraph 4, the appropriate authorities shall secure that a variety of skills and experience is available among the members of the Commission (including experience related to the interests of consumers, patients and carers).")
 
     Page 50, line 17, at end insert (", including its performance in respect of equality of opportunity.") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the                Schedule to the Bill. 
  
Clause 15
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 11, line 26, leave out ("or NHS Trusts") and insert (", NHS Trusts or independent hospitals") 
     Page 11, line 31, leave out ("or NHS Trusts") and insert (", NHS Trusts or independent hospitals") 
     Page 11, line 44, at end insert--
    ("(f)  the function of carrying out investigations into, and making reports on, the quality of health care for which independent hospitals have responsibility.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 11, line 44, at end insert--
 
    ("(  )  The functions of the Commission shall be exercised with due regard to the principle that there should be equal opportunity for all people.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 12, line 34, at end insert--
    (""Independent hospital" has the meaning given by section 13,")
 
 
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Prepared 23 February 1999