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

back to previous amendments
 
  
Clause 13
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
24     Page 11, line 8, after ("arrangements") insert (", including identifying adequate resources,") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
 
25     Page 11, line 17, at end insert ("including, without prejudice to the generality of this section, general clinical care as well as medical treatment, and the promotion of health,") 
  
Clause 14
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
26*     Page 11, line 20, at end insert--
 
    ("(  )  The Commission for Health Improvement shall, except in exceptional circumstances, be guided by the relevant national service frameworks, the standards set by the National Institute for Clinical Excellence and other relevant national standards as regards best practice in clinical care and treatment.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
27     Leave out Clause 14 
  
Schedule 2
 
  
BY THE BARONESS HAYMAN
 
28     Page 49, line 29, leave out ("he") and insert ("it") 
29     Page 49, line 35, leave out ("(2)") and insert ("(3)") 
30     Page 49, line 37, leave out ("(3)") and insert ("(2)") 
  
Clause 15
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
31     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 treatment according to individual need free of discrimination as to access to or the quality of service.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
 
32     Page 12, line 10, leave out from beginning to ("and") in line 12 
  
BY THE BARONESS HAYMAN
 
33     Page 12, line 16, leave out subsection (3) 
34     Page 12, line 34, leave out ("13") and insert ("13(4)") 
  
Clause 16
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
35     Page 13, line 22, after ("individual") insert ("or a deceased person") 
36     Page 13, line 25, at end insert ("from that document or information alone, or in combination with other information which is in the possession of, or is likely to come into the possession of, the Commission") 
37     Page 13, leave out lines 28 and 29 
38     Page 13, line 46, after ("information") insert ("alone, or in combination with other information which is in the possession of, or is likely to come into the possession of, the Commission") 
  
BY THE BARONESS HAYMAN
 
39     Page 14, line 16, leave out ("in circumstances importing") and insert ("subject to") 
  
Clause 17
 
  
BY THE BARONESS HAYMAN
 
40     Page 14, line 27, leave out ("15") and insert ("16") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
41     Page 14, line 29, leave out ("during the lifetime of that individual") 
42     Page 14, line 29, leave out ("during the lifetime") and insert ("until the expiry of a period of 50 years beginning with the recorded date of the death") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
 
43     Page 15, line 13, after ("any") insert ("serious") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
44     Page 15, line 21, leave out ("threat to the health or safety of") and insert ("risk of death or serious harm to") 
45     Page 15, line 24, leave out from ("disclosed") to end of line and insert ("where a failure to do so may expose others to risk of death or serious harm.") 
  
After Clause 18
 
  
BY THE LORD LUCAS
 
46     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (7) below, any meeting of a body described in subsection (8) below shall be open to the public, and the body shall not have powers to exclude members of the public from the meeting or prevent them taking a report of it.
 
    (2)  Public notice of the time and place of such a meeting shall be given by posting it at the offices of the body concerned at the time that the meeting is convened.
 
    (3)  There shall, on request and subject to payment of such charges as may be specified in regulations, be supplied to any person a copy of the notice convening such a meeting.
 
    (4)  Subject to subsection (7) below, there shall, on request and subject to payment of such charges as may be specified in regulations, be supplied to any person a copy of the agenda for the meeting as supplied to members of the body, together with--
    (a)  such further statements or particulars as are necessary to indicate the nature of the items included, and
    (b)  copies of any reports or other documents supplied to members of the body in connection with the item.
    (5)  The publication of any defamatory matter contained in documents supplied under this subsection shall be privileged, unless the publication is proved to be made with malice.
 
    (6)  The provisions of this section shall be without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.
 
    (7)  Regulations may provide for the public to be excluded from such a meeting (whether during the whole or part of the proceedings) and for documents to be withheld from the public in specified circumstances.
 
    (8)  This section shall apply to any meeting or committee or sub-committee meeting of a Health Authority, a Special Health Authority, a Primary Care Trust or the Commission for Health Improvement.")
Notice of and admission to meetings etc.
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
47     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may by regulations--
    (a)  extend the duty in section 13, or
    (b)  extend the functions of the Commission for Health Improvement, or any of them,
to any independent hospital.
 
    (2)  In this section "independent hospital" means 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 any other premises 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.")
Independent hospitals.
  
Clause 19
 
  
BY THE BARONESS MASHAM OF ILTON
THE LORD CLEMENT-JONES
THE EARL HOWE
THE LORD McCOLL OF DULWICH
 
48     Page 15, line 33, at end insert--
 
    ("(2)  The duty in subsection (1) applies in particular to co-operation in enabling patients resident in an area covered by a body referred to in that subsection to be referred out of that area where appropriate for the purpose of receiving specialist hospital treatment and after-care.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
49     Page 15, line 33, at end insert--
 
    ("(  )  To this end the bodies listed in subsection (1) shall--
    (a)  meet at least once a year in public to discuss ways of improving partnership arrangements;
    (b)  invite a representative from all affected Community Health Councils and Local Authorities to such meetings;
    (c)  produce an annual report of such meetings for the Secretary of State, which he shall publish.")
 
  
After Clause 20
 
  
BY THE BARONESS PITKEATHLEY
 
50     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 "invite them to assist, to such extent as is reasonable in the circumstances," there shall be inserted the words "request them to assist".
 
    (3)  After subsection (3) there is inserted--
        (3A)  A Health Authority whose help is so requested shall comply with the request if it is compatible with its own statutory duties and obligations and does not unduly prejudice the discharge of any of its functions."")
Health Authorities to assist with community care assessments.
  
Clause 21
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE
 
51*     Page 16, line 10, at end insert--
 
    ("(  )  Health Authorities shall, before drawing up any plan under this section, consult key partners in the delivery of NHS healthcare and the promotion of health.")
 
  
BY THE BARONESS HAYMAN
 
52     Page 17, line 21, leave out ("13") and insert ("13(4)") 
  
Clause 24
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
53     Page 19, line 1, after ("the") insert ("social services departments of") 
  
Clause 26
 
  
BY THE BARONESS HAYMAN
 
54     Page 20, line 44, after ("section") insert ("and sections 27 and 28") 
55     Page 21, leave out lines 9 to 12 and insert ("and sections 27 and 28, a voluntary scheme is to be treated as applying to a manufacturer or supplier to whom it relates if--
    (a)  he has consented to the scheme being so treated (and has not withdrawn that consent), and
    (b)  no notice is in force in his case under subsection (2C).
    (2A)  For the purposes of this section")
 
56     Page 21, line 15, at end insert--
 
    ("(2B)  If, in the opinion of the Secretary of State, any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a "scheme member") have shown that, in the scheme member's case, the scheme is ineffective for either of the purposes mentioned in subsection (1), the Secretary of State may give written notice of that fact to the scheme member stating his reasons.
 
    (2C)  If, after the Secretary of State has given the scheme member an opportunity to make representations about the acts or omissions in question, he continues to be of that opinion, he may by a further written notice given to the scheme member (and stating his reasons) determine that the scheme should cease to apply in the scheme member's case.
 
    (2D)  Consent under subsection (2)(a) must be given, or withdrawn, in the manner required by the Secretary of State.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
57     Page 21, line 23, at end insert ("for the purpose of giving effect to a voluntary scheme") 
  
Clause 27
 
  
BY THE BARONESS HAYMAN
 
58     Page 21, line 40, at end insert--
 
    ("(  )  The powers conferred by this section are not exercisable at any time in relation to a manufacturer or supplier to whom at that time a voluntary scheme applies.")
 
  
Clause 28
 
  
BY THE BARONESS HAYMAN
 
59     Page 22, line 31, at end insert--
 
    ("(  )  A statutory scheme may not apply to a manufacturer or supplier to whom a voluntary scheme applies.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
60     Leave out Clause 28 
  
After Clause 28
 
  
BY THE LORD DESAI
 
61     Insert the following new Clause-- 
     ("  .  The Secretary of State shall publish a statement of any voluntary or statutory scheme he has agreed with the industry, which statement shall include--
    (a)  the criteria he will use for the purposes of making determinations under sections 26(1)(a) and (b), and 28(1)(a) and (b) above;
    (b)  the categories of information he determines to be commercially confidential and his reasons for their justification;
    (c)  details of the outcomes of his consultation with the industry and other bodies representing consumer and public interests in establishing the scheme;
    (d)  the mechanisms he will put in place for independent audit of the negotiation and operation of the schemes and the mechanisms for publishing the results of such an audit; and
    (e)  when he will next review the scheme.")
Publication of details of voluntary or statutory scheme.
  
Clause 29
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
62     Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence") 
  
BY THE BARONESS HAYMAN
 
63     Page 22, line 35, after ("scheme") insert ("or of a limit under section 27") 
64     Page 22, line 38, leave out from ("person") to second ("to") in line 39 and insert ("to whom such a scheme or limit may apply") 
 
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