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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 Marshalled List of Amendments to the Health Bill [H.L.] to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the instruction of 18th February 1999, as follows--  
Clauses 1 and 2
Schedule 1
Clauses 3 to 14
Schedule 2
Clauses 15 to 47
     Schedule 3
Clauses 48 to 50
Schedules 4 and 5
Clauses 51 to 54

[Amendments marked * are new or have been altered]
 
Amendment No. 
  
Clause 1
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
1     Page 1, line 10, at end insert ("from 31st March 2000") 
  
After Clause 1
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
2     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may, at his discretion--
    (a)  grant individual general practitioners leave to withdraw from any established Primary Care Trust;
    (b)  grant individual general practitioners leave to withdraw from the direct budgetary control of a Health Authority, or sub-committee thereof.
    (2)  Any general practitioner given leave under subsection (1) above shall take on powers, functions, and a budget as directed by the Secretary of State.")
Direct fundholding practices.
  
Clause 2
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
3     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,") 
  
BY THE LORD HARRIS OF HARINGEY
 
4     Page 1, line 15, at end insert ("to provide goods and services for the purposes of the health service.") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD CLEMENT-JONES
 
5*     Page 1, line 15, at end insert ("whose purpose shall be to improve the health of their locality in the context of a plan prepared under section 21 of the Health Act 1999 and in the exercise of the functions prescribed in Part AI of Schedule 5A to this Act.") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
6     Page 1, line 17, at end insert ("following a secret ballot, conducted by the Health Authority, of all general practitioners who would be covered by the Trust, in which a majority of those eligible to vote voted in favour of the establishment of a Trust") 
7     Page 1, line 17, at end insert--
 
    ("(  )  For the purposes of this Act a "Primary Care Trust" means a body corporate, established by a PCT order, which is responsible for commissioning health care services, with added responsibility for the provision of community health services, and which is accountable to affected Health Authorities for the effective discharge of all its functions.")
 
  
BY THE LORD HARRIS OF HARINGEY
 
8     Page 2, line 1, leave out ("If any") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
9     Page 2, line 1, leave out from beginning to ("before") in line 2 and insert ("Consultation must take place with the bodies listed in paragraph A1 of Schedule 5A to this Act") 
  
BY THE LORD HARRIS OF HARINGEY
 
10     Page 2, line 1, leave out ("apply, they") 
11     Page 2, line 2, at end insert ("to establish or dissolve a Primary Care Trust") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
12     Page 2, line 2, at end insert ("and before the ballot of general practitioners referred to in subsection (2).") 
13     Page 2, leave out lines 3 to 6 
  
BY THE LORD HARRIS OF HARINGEY
 
14     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 Primary Care Trust;
    (b)  to provide for a minimum period of six months for consultation; and
    (c)  to publish the outcome of the consultation).")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
15     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.")
 
16     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.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
THE LORD RIX
 
17     Page 2, line 6, at end insert--
        ("(  )  In making regulations about consultation requirements regard shall be had to the interests of key partners in the delivery of NHS health care including--
      (a)  universities and schools of medicine;
      (b)  dentists;
      (c)  professions allied to medicine; and
      (d)  patient and carer associations and voluntary organisations involved in health care delivery.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
18     Page 2, leave out lines 7 and 8 
19     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.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
20     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."")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
21     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."")
 
22     Page 2, line 27, at end insert-- 
     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.("Provision for local authority to assume functions of Health Authority.
     (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."") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
23     Page 2, line 28, leave out subsection (2) 
 
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Prepared 25 February 1999