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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 2, line 1, leave out ("If any") 
     Page 2, line 1, leave out ("apply, they") 
     Page 2, line 2, at end insert ("to establish or dissolve a Primary Care Trust") 
     Page 2, line 6, at end insert ("or dissolves a Primary Care Trust, and must include requirements--
    (a)  to consult all other NHS bodies whose area falls wholly or partly within, or adjacent to, the area specified in the PCT order, all community health councils whose area falls wholly or partly within, or adjacent to, the area specified in the PCT order, all local authorities whose area falls wholly or partly within, or adjacent to, the area specified in the PCT order, all bodies representing patients and NHS users within the area specified in the PCT order, all relevant professional organisations, and other bodies affected by the establishment or dissolution of the PCT;
    (b)  to provide for a minimum period of six months for consultation; and
    (c)  to publish the outcome of the consultation).")
 
  
Schedule 1
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 43, line 24, after ("trust") insert ("or any other member of the trust or any person who has been a member of the trust") 
  
BY THE LORD HARRIS OF HARINGEY
 
     Page 45, line 18, leave out ("If any") 
     Page 45, line 18, leave out ("apply, they") 
     Page 45, line 21, at end insert ("and the regulations must impose consultation requirements where an order dissolves a PCT or transfers (or provides for the transfer) to the Secretary of State or to a Health Authority, a Special Health Authority, an NHS trust or another Primary Care trust any property, rights, or liabilities of the dissolved trust.
 
    (4)  Consultation requirements must include requirements--
    (a)  to consult all other NHS bodies whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all community health councils whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all local authorities whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all bodies representing patients and NHS users within the area of the Primary Care Trust to be dissolved, all relevant professional organisations, and other bodies affected by the establishment or dissolution of the Primary Care Trust;
    (b)  to provide for a minimum period of six months for consultation; and
    (c)  to publish the outcome of the consultation.")
 
  
Clause 5
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 5, line 32, at end insert ("and for the functions and accountability of those trustees") 
  
Clause 7
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     Page 8, line 16, leave out subsection (2) 
  
Clause 17
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 15, line 13, after ("any") insert ("serious") 
  
After Clause 18
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall establish a standing conference (referred to in this Act as the Standing Conference) which shall have the duty of--
    (a)  conducting an annual review of, and the making of reports and recommendations to the Secretary of State on treatment priorities and funding in the NHS after consultation with the National Institute for Clinical Excellence; and
    (b)  establishing a clear set of values and guidelines to clarify the decision-making process to be applied by Health Authorities, Special Health Authorities, Primary Care Trusts and NHS Trusts to ensure that patients are entitled to equal and consistent treatment, to be given clear treatment options and reasons where treatment is denied.
    (2)  The reports of the Standing Conference shall be published annually and shall take account inter alia of--
    (a)  the views of the public on the priority of treatments;
    (b)  the efficacy of treatments;
    (c)  the cost benefit of treatments; and
    (d)  the affordability of treatments.
    (3)  The members of the Standing Conference be appointed by the Secretary of State and shall consist of an equal number of lay members and members involved in the delivery of health care.
 
    (4)  In exercising his functions under the 1977 Act, the National Health Service and Community Care Act 1990 or this Act the Secretary of State shall have regard to the reports and recommendations of the Standing Conference.")
Standing conference.
  
After Clause 20
 
  
BY THE BARONESS PITKEATHLEY
 
     Insert the following new Clause-- 
     ("  .--(1)  Section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services) is amended as follows.
 
    (2)  In subsection (3), for the words "notify that District Health Authority or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment;" there shall be inserted "in the case of a District Health Authority require, and in the case of a local housing authority invite, the authority concerned to assist, to such extent as is reasonable in the circumstances, in the making of an assessment;"")
Funding by Health Authorities of community care services.
  
Clause 29
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     Page 22, line 37, at end insert--
 
    ("(  )  In exercising any powers or negotiating any price under or by virtue of any provision of this Act, the Secretary of State shall have regard to the priorities of the NHS for research and development in the field of pharmaceuticals.")
 
  
Clause 41
 
  
BY THE EARL OF MAR AND KELLIE
THE LORD CLEMENT-JONES
 
     Page 31, line 20, at end insert--
 
    ("(  )  In implementing and maintaining the arrangements mentioned in subsection (1) each body shall have regard to any guidance issued for England and Wales by the National Institute for Clinical Excellence.")
 
     Page 31, line 20, at end insert--
 
    ("(  )  Each Health Board, Special Health Board 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 had regard to any guidance issued by the National Institute for Clinical Excellence.")
 
  
Clause 47
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 38, line 28, at end insert ("including specifically nursing auxiliaries as defined in subsection (6)") 
     Page 38, line 32, at end insert--
 
    ("(6)  For the purposes of this Act, "nursing auxiliaries" means healthcare support workers and assistants not currently professionally regulated under any statutory provision.")
 
 
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Prepared 24 February 1999