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

back to previous amendments
 
  
Clause 25
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
153     Leave out Clause 25 and insert the following new Clause-- 
     ("  . It shall be the duty of joint consultative committees constituted under section 22(2) of the 1977 Act to advise the NHS bodies and local authorities on the proper performance of their duties under section 21 above.")Joint Consultative Committees.
  
After Clause 25
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
154     Insert the following new Clause-- 
 ("Regional Assemblies 
     .  Upon a regional assembly being created for any region in England, such regional assembly shall for the purposes of the 1977 Act, the National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other act, assume responsibility for--
    (a) strategic planning,
    (b) capital infrastructure, and
    (c) specialised services commissioning,
in the health service in respect of such region.")
Regional assemblies to be responsible for strategic planning etc. in NHS.
155     Insert the following new Clause-- 
 ("Specialised services: consultation 
     .  Before arrangements to provide specialised services between an NHS regional office and the relevant providers are finalised, an NHS regional office shall ensure that the Primary Care Groups and Primary Care Trusts in the area covered by the relevant NHS regional office are fully consulted.")Consultation in respect of specialised services.
  
Clause 26
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
156     Page 21, line 16, leave out ("The Secretary of State") and insert ("A voluntary scheme") 
157     Page 21, line 17, leave out ("a") and insert ("the") 
158     Page 21, leave out lines 20 to 22 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
159     Page 21, line 23, at end insert (", after consultation with the industry body") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
160     Page 21, line 32, at end insert--
 
    ("(5)  Any dispute between the Secretary of State and a manufacturer or supplier to whom a voluntary scheme applies--
    (a)  in connection with or arising out of the scheme, or
    (b)  as to any addition or modification which should be made to the scheme pursuant to subsection (2)(b),
may be referred to arbitration or to the determination of an independent person or body in accordance with the procedures established in the scheme.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill. 
  
Clause 27
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
161     Page 21, line 33, after ("may") insert ("for the purpose of giving effect to a voluntary scheme") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
162     Page 21, line 33, leave out ("after consultation with") and insert ("with the written consent of") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
163     Page 21, line 40, at end insert--
 
    ("(2)  The powers conferred in this section shall not apply to a manufacturer or supplier to whom a voluntary scheme under section 26 applies.")
 
  
After Clause 27
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
164     Insert the following new Clause-- 
     ("  .  The Secretary of State shall make an annual report to Parliament containing a general survey of developments during the preceding twelve months on the voluntary schemes including references to--
    (a)  any modification of an existing voluntary scheme or introduction of a successor voluntary scheme,
    (b)  decisions taken to prohibit price inceases and collect payments under section 26(4), and
    (c)  decisions taken to control prices and profits under section 27.")
Annual report by Secretary of State.
  
Clause 28
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
165     Page 21, line 41, after ("State") insert ("for Trade and Industry") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
166     Page 21, line 41, leave out ("after consultation with") and insert ("with the written consent of") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
167     Page 22, line 31, at end insert--
 
    ("(7)  A statutory scheme shall not apply to a manufacturer or supplier to whom a voluntary scheme under section 26 applies.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
168     Page 22, line 31, at end insert--
 
    ("(  )  The Secretary of State shall report annually to Parliament with a general survey of developments during the preceding twelve months on the statutory schemes, including references to--
    (a)  decisions taken to introduce any statutory scheme,
    (b)  decisions taken to control prices and limit profits under subsection (1), and
    (c)  decisions taken to prohibit price increases and collect payments under subsections (4), (5) and (6).")
 
  
BY THE LORD LUCAS
 
169     Page 22, line 31, at end insert--
 
    ("(  )  The Secretary of State shall publish within seven days details of any payments made under subsections (4) and (5) above.")
 
  
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 28 stand part of the Bill. 
  
Clause 29
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
170     Page 22, line 32, leave out ("after consultation with") and insert ("with the written consent of ") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
171     Page 22, line 33, after ("body") insert ("and bodies representing consumers and patients") 
172     Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence") 
173     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.")
 
174     Page 22, line 44, at end insert--
 
    ("(  )  The Secretary of State shall make regulations to provide for the right of appeal to an independent tribunal by any person who may become subject to a statutory scheme, either in respect of a decision by the Secretary of State regarding the control of prices or profits or in respect of the disclosure of information.")
 
  
Clause 30
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
175     Page 23, line 13, at end insert ("after consultation with the industry body") 
176     Page 23, line 15, at end insert--
 
    ("(  )  Regulations made under this section shall provide that the liability of a manufacturer or supplier to make any payment, or any disputed question whether of fact or law relevant to such a liability, may be determined either by the court or by arbitration.
 
    (  )  In this section "the court" means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.")
 
177     Page 23, line 15, at end insert--
 
    ("(  )  An order under subsection (6) shall be laid before both Houses of Parliament in draft and shall be subject to approval by resolution of each House.")
 
  
After Clause 30
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
178     Insert the following new Clause-- 
     ("  .  It is the duty of the Secretary of State to exercise the functions conferred on him under sections 27 to 30 in a manner which he considers is best calculated--
    (a)  to secure that safe and effective medicines are available to the health service on reasonable terms;
    (b)  to secure that manufacturers and suppliers receive reasonable profits in respect of the supply of health service medicines to the health service and the manufacture of such medicines for supply;
    (c)  to promote research into, and the development and use of, new medicines and pharmaceutical products for supply to the health service.")
Controls: duty of Secretary of State.
  
Clause 31
 
  
BY THE LORD LUCAS
 
179     Page 23, line 19, after ("giving") insert ("and publishing") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
180     Page 23, line 28, leave out ("27") and insert ("26") 
181     Page 23, line 31, leave out ("by reference") 
182     Page 23, line 32, leave out ("would be") and insert ("are") 
  
BY THE LORD DESAI
 
182A     Page 23, line 32, at end insert--
 
    ("(4A)  In carrying out his duties under subsection (4), the Secretary of State shall publish criteria setting out what factors should be taken into account in determining prices and profits which would be reasonable in all the circumstances.
 
    (4B)  Prior to publishing the criteria referred to in subsection (4A) above, the Secretary of State shall consult such organisations as he considers appropriate.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
183     Page 23, line 44, after ("means") insert ("the Association of the British Pharmaceutical Industry and") 
184     Page 23, line 44, after ("any") insert ("other") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE BARONESS SHARP OF GUILDFORD
 
185     Page 24, line 3, at end insert--
    (""the supply of any health service medicine" means the supply of a health service medicine to the health service,
    the manufacture of any health service medicine" means the manufacture of such health service medicine as may be supplied to the health service.")
 
  
Clause 36
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
186     Page 29, line 36, at end insert ("from 31st March 2000") 
  
After Clause 36
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
187     Insert the following new Clause-- 
     ("  .--(1)  Section 2 of the 1978 Act (health boards) is amended as follows.
 
    (2)  In subsection (3) after "order", in the first place it occurs, there is inserted "create an all Scotland Health Board or".")
All Scotland Health Board.
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
188     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 NHS Trust; and
    (b)  grant individual general practitioners leave to withdraw from the direct budgetary control of a Health Board, 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.
 
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Prepared 1 March 1999