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Session 1998-99
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Other Bills before Parliament
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 LORD HARRIS OF HARINGEY
 
     Page 1, line 15, at end insert ("to provide goods and services for the purposes of the health service") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 2, line 6, at end insert--
 
    ("(  )  Before the Secretary of State makes a PCT order he must be satisfied in respect of the relevant Primary Care Trust that it will be able to satisfy his requirements in respect of--
    (a)  financial performance,
    (b)  clinical governance and management strengths,
    (c)  health improvement contribution, and
    (d)  accountability to the public.")
 
     Page 2, line 6, at end insert--
 
    ("(  )  Before the Secretary of State makes a PCT order he must be satisfied in respect of the relevant Primary Care Trust that the Primary Care Group or Groups for the equivalent area have agreed to the making of the PCT order.")
 
     Page 2, line 27, at end insert--
 
    ("(  )  Appropriate arrangements shall be made with a view to securing that a Primary Care Trust's functions are exercised with due regard to the principle that there should be equality of opportunity for all people."")
 
     Page 2, line 27, at end insert--
 
    ("(  )  Upon approval of proposals under subsection (2) in respect of a particular local authority area the local authority shall be entitled to exercise all the powers of the Secretary of State under section 97D of this Act.")
 
     Page 2, line 27, at end insert-- 
 ("Provision for local authority to assume functions of Health Authority.     16C.--(1)  Where PCT orders are made for areas covering the whole of an area of a Health Authority, the Health Authority shall after consultation with the relevant local authority or local authorities publish proposals for the merger of its remaining functions with the relevant local authority or authorities.
        (2)  Upon approval by the Secretary of State of such proposals, the relevant local authority or authorities shall exercise all the functions of the Health Authority under this Act, the National Health Service and Community Care Act 1990 or under or by virtue of any prescribed provision of any other Act as if it were a Health Authority."")
 
  
Schedule 1
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 42, leave out line 5 
     Page 42, line 5, at end insert ("including lay members representing all sections of the community including older people") 
     Page 42, line 5, at end insert--
 
    ("(  )  The members shall elect a chairman from among their numbers.")
 
     Page 42, line 5, at end insert--
 
    ("  .  The persons referred to in paragraph 4(c) above shall include--
    (a)  general practitioners,
    (b)  community or practice nurses,
    (c)  a social services nominee,
    (d)  at least one lay member,
    (e)  a health authority non-executive,
    (f)  a community pharmacist,
    (g)  a physiotherapist,
    (h)  an optician.")
 
     Page 42, line 7, leave out ("chairman and other") 
     Page 42, line 10, leave out ("chairman and other") 
     Page 44, line 23, leave out from ("and") to end of line 39 and insert ("details of the measures the trust has taken to promote economy, efficiency and effectiveness in using its resources for the exercise of its functions.
 
    (2)  A Primary Care Trust shall prepare such other reports or other information as required by the Health Authority in whose area the Trust's area falls or by the Secretary of State.
 
    (3)  A Primary Care Trust shall publish reports and information compiled under subsection (1) and (2) at least within its area of operation.")
 
     Page 44, line 26, after ("promote") insert ("equal opportunities,") 
     Page 44, line 32, leave out ("may") and insert ("must") 
  
Clause 3
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 3, line 41, at end insert--
 
    (" (  )  Each Primary Care Trust shall publish annual accounts in a form agreed by the relevant Health Authority.")
 
     Page 3, line 45, at end insert--
 
    ("(  )  The Primary Care Trust shall present to the Secretary of State an annual account of services that they commission from themselves as producers, and the Secretary of State shall have the duty to audit such service agreements to ensure value for money.")
 
     Page 3, line 45, at end insert--
 
    ("(  )  For the avoidance of doubt, notwithstanding anything contained in this section general practitioners shall not be cash limited in respect of any drug or treatment prescribed by them for their patients which falls within the Part II expenditure of the Primary Care Trust to which they relate.")
 
  
Clause 4
 
  
BY THE LORD HARRIS OF HARINGEY
 
     Insert the following new Clause-- 
      ("  .  After section 18A of the 1977 Act (inserted by section 4) there is inserted--Inspection of Primary Care Trust premises by Community health councils.
 Inspection of premises by Community health councils.     18B.  Community health councils may enter and inspect any relevant Primary Care Trust premises at such times and subject to such conditions as may be agreed between the council and the Trust, or in default of such agreements, as may be determined by the Secretary of State."&#M10;&#M10;") 
  
Clause 9
 
  
BY THE LORD HARRIS OF HARINGEY
 
     Page 9, line 45, leave out from first ("the") to ("contracts,") in line 46 and insert ("provision of service to NHS patients by the NHS Trust or by any other health service body,") 
     Page 10, line 2, after ("Act,") insert ("in compliance with the provisions of section 7(8) of the Health and Medicines Act 1988,") 
  
Clause 13
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 11, line 7, after second ("each") insert ("Health Authority, Primary Care Group and") 
     Page 11, line 7, after second ("trust") insert ("and private healthcare institution") 
     Page 11, line 9, after ("care") insert ("and the equity of treatment") 
     Page 11, line 9, after ("provides") insert ("or commissions, as the case may be,") 
     Page 11, line 17, at end insert ("including, without prejudice to the generality of this section, general clinical care as well as medical treatment") 
  
Clause 14
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 11, line 20, at end insert--
 
    ("(  )  The bodies to whom directions are given under section 17(1) of the 1977 Act shall act upon the recommendations of the Commission for Health Improvement.
 
    (  )  The Commission for Health Improvement shall, except in exceptional circumstances, be guided by the standards set by the National Institute for Clinical Excellence as regards best practice in clinical care and treatment.")
 
     Page 11, line 44, at end insert--
 
    ("(  )  In exercising its functions under this section the Commission shall act in accordance with the principle that every individual has a right to equal treatment according to individual need and not on the basis of age.")
 
  
Schedule 2
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 48, line 9, at end insert ("at least three of whom shall be lay members representing all sections of the community including older people") 
  
BY THE LORD HARRIS OF HARINGEY
 
     Page 48, line 9, at end insert (", a majority of whom shall be lay representatives") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 50, line 16, after ("State") insert ("and to the Public Accounts Committee of the House of Commons") 
     Page 50, line 17, at end insert ("and the Secretary of State shall publish the report.") 
     Page 50, line 20, at end insert ("and he shall publish all such reports and information") 
     Page 50, line 20, at end insert--
 
    ("(  )  The Commission shall make and publish such other reports as it sees fit in relation to the exercise of its duties.")
 
  
Clause 15
 
  
BY THE LORD HARRIS OF HARINGEY
 
     Page 11, line 29, at beginning insert ("giving due consideration to any concerns of the relevant community health council,") 
     Page 11, line 40, after ("responsibility") insert ("and making any such reports available to the relevant community health council") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 11, line 44, at end insert ("and
    (  )  the function of carrying out investigations into, and making reports on, the management, provision or quality of healthcare provided by private healthcare institutions.")
 
     Page 12, leave out line 9 
     Page 12, line 15, at end insert--
 
    ("(  )  Notwithstanding subsection (2) the Commission shall be entitled to exercise any of the functions set out in subsection (1) as a result of its own decision or on a complaint being made by a member of the public or of NHS staff.")
 
 
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Prepared 18 February 1999