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

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Clause 30
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
65     Page 23, line 2, leave out ("£100,000") and insert ("£50,000") 
66     Page 23, line 3, leave out ("£10,000") and insert ("£5,000") 
  
BY THE BARONESS HAYMAN
 
67     Page 23, line 11, at end insert--
 
    ("(4A)  Provision may be made by regulations for conferring on manufacturers and suppliers a right of appeal against enforcement decisions taken in respect of them in pursuance of sections 26 to 29 and this section.
 
     (4B)  The provision which may be made by virtue of subsection (4A) includes any provision which may be made by model provisions with respect to appeals under section 6 of the Deregulation and Contracting Out Act 1994, reading--
    (a)  the references in subsections (4) and (5) of that section to enforcement action as references to action taken to implement an enforcement decision,
    (b)  the reference in subsection (5) of that section to interested persons as a reference to any persons.
    (4C)  In subsections (4A) and (4B), "enforcement decision" means a decision of the Secretary of State or any other person to--
    (a)  require a specific manufacturer or supplier to provide information to him,
    (b)  limit, in respect of any specific manufacturer or supplier, any price or profit,
    (c)  refuse to give his approval to a price increase made by a specific manufacturer or supplier,
    (d)  require a specific manufacturer or supplier to pay any amount (including an amount by way of penalty) to him;
and in this subsection "specific" means specified in the decision.
 
    (4D)  A requirement or prohibition, or a limit, under sections 26 to 29 may only be enforced under this section and may not be relied on in any proceedings other than proceedings under this section.")
1994 c. 40.
68     Page 23, line 13, at end insert ("and the Secretary of State must consult the industry body before making any regulations under this section") 
  
Clause 31
 
  
BY THE BARONESS HAYMAN
 
69     Page 23, line 19, leave out ("particular") and insert ("specific") 
70     Page 23, line 21, leave out ("particular") and insert ("specific") 
71     Page 23, line 21, at end insert ("and in this subsection "specific" means specified in the direction concerned") 
72     Page 23, line 28, leave out from ("powers") to ("are") and insert ("to refuse approval under section 26(4)(a) or 28(6)(a) or to impose a limit under section 27(a) or 28(1)") 
73     Page 23, line 32, at end insert ("and in so exercising those powers (in the case of sections 27(a) and 28(1) and (6)(a)) the Secretary of State and any other person must bear in mind, in particular, the need for medicinal products to be available for the health service on reasonable terms and the costs of research and development") 
  
BY THE LORD LUCAS
 
74     Page 23, line 32, at end insert--
 
    ("(  )  The Secretary of State shall publish details of any payments made under sections 28(4) and (5) and of any directions given under this section, but such publication may not include information supplied to the Secretary of State by a manufacturer or supplier commercially in confidence.")
 
  
BY THE BARONESS HAYMAN
 
75     Page 23, line 41, leave out from ("product") to ("used") in line 42 
76     Page 24, line 2, at end insert-- 
 
    (""medicinal product" has the meaning given by section 130 of the Medicines Act 1968,")
1968 c. 67.
  
Clause 41
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
77     Page 31, line 27, at end insert--
 
    ("(4)  The Secretary of State may by regulations extend the duty in this section to Special Health Authorities of any particular description and to any independent hospital.
 
    (5)  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."")
 
  
After Clause 45
 
  
BY THE BARONESS HAYMAN
 
78*     Insert the following new Clause-- 
 ("Indemnity cover 
     .--(1) After section 28B of the 1978 Act there is inserted--Indemnity cover for Part II services.
 Indemnity cover.     28C.--(1) Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.
 
    (2)  The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision--
    (a)  for securing that a person is not be added to any list unless he holds approved indemnity cover;
    (b)  for the removal from a list prepared by a Health Board of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Board in the prescribed manner satisfy the Health Board that he holds approved indemnity cover.
    (3)  For the purposes of this section--
    approved body" means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;
    approved indemnity cover" means indemnity cover made--
          (a)  on prescribed terms; and
          (b)  with an approved body;
    indemnity cover", in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which--
          (a)  arises out of the provision of Part II services in accordance with arrangements made by him with a Health Board under this Part of this Act; and
          (b)  is incurred by him or any such person in respect of the death or personal injury of a person;
    list" has the same meaning as in section 29;
    Part II practitioner" means a person whose name is on a list;
    Part II services" means general medical services, general dental services, general ophthalmic services or pharmaceutical services;
    personal injury" means any disease or impairment of a person's physical or mental condition and includes the prolongation of any disease or such impairment;
and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.
 
    (5)  The regulations may provide that a person of any description who has entered into a contract or arrangement which is--
    (a)  in a form identified in accordance with the regulations in relation to persons of that description; and
    (b)  made with a person or persons so identified,
is to be treated as holding approved indemnity cover for the purposes of the regulations."
 
     (2)  In section 19A of the 1978 Act (medical lists), at the beginning of subsection (3) there is inserted "Subject to any provision made under section 28C,".
 
    (3)  In section 25 of that Act (arrangements for provision of general dental services), in subsection (2)(b), the word "and" before sub-paragraph (iii) is omitted and after that sub-paragraph there is inserted "; and
          (iv)  any provision made under section 28C".
    (4)  In section 26 of that Act (arrangements for provision of general ophthalmic services), in subsection (2)(b), after "practitioners" there is inserted "and any provision made under section 28C".")
 
  
Clause 46
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
79     Page 38, line 10, at end insert--
 
    ("(  )  After section 30 of the 1978 Act (as substituted by subsection (2)) there is inserted--
        30A. The Tribunal shall make, and publish, an annual report to the Council on Tribunals."")
 
  
Clause 47
 
  
BY THE BARONESS HAYMAN
 
80*     Page 38, line 17, leave out from ("any") to end of line and insert ("other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.") 
81*     Page 38, line 18, leave out ("those") and insert--
    ("(a)  the professions")
 
82*     Page 38, line 20, after ("1993") insert ("and") 
83*     Page 38, line 21, leave out first ("and") and insert--
    ("(b)  the professions regulated by")
 
84*     Page 38, line 21, at end insert-- 
 
    ("(c)  the professions regulated by the Professions Supplementary to Medicine Act 1960,
    (d)  any other profession regulated by an Order in Council under this section.")
1960 c. 66.
85*     Page 38, line 22, leave out subsection (3) 
  
BY THE LORD SKELMERSDALE
THE EARL OF NORTHESK
 
86     Page 38, leave out lines 25 to 28 
  
BY THE BARONESS HAYMAN
 
87*     Page 38, line 29, leave out ("is") and insert ("and the Nurses, Midwives and Health Visitors Act 1997 are")1997 c. 24.
  
Schedule 3
 
  
BY THE LORD SKELMERSDALE
THE EARL OF NORTHESK
 
88     Page 51, line 11, leave out ("the establishment and") 
  
BY THE LORD MORRIS OF MANCHESTER
 
89     Page 51, line 19, at end insert--
 
    ("1A.--(1)  An Order shall make provision, in relation to the profession of chiropody and podiatry as regulated on 1st July 1999 by the Professions Supplementary to Medicine Act 1960, for the following functions relating to the regulation of that profession to be exercised by a professional body, and committees of such a body, the majority of members of which, and the Chairman of which, shall be State Registered Chiropodists.
 
    (2)  The functions are--
    (a)  keeping the register of members admitted to practice,
    (b)  determining standards of education and training for admission to practice,
    (c)  giving advice about standards of conduct and performance, and
    (d)  administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters.")
 
  
BY THE LORD SKELMERSDALE
THE EARL OF NORTHESK
 
90     Page 51, leave out lines 21 to 23 
  
BY THE BARONESS HAYMAN
 
91*     Page 51, leave out lines 25 to 27 
92*     Page 51, line 37, leave out from second ("the") to end of line 38 and insert ("charging of fees") 
93*     Page 52, line 3, leave out ("47(1)(a)") and insert ("47(2)(a)") 
94*     Page 52, line 3, at end insert (", any regulatory body established by an Order as the successor to the Council for Professions Supplementary to Medicine or the United Kingdom Central Council for Nursing, Midwifery and Health Visiting or any other regulatory body established by an Order.
 
    (  )  An Order may not impose any requirement which would have the effect that a majority of the members of the regulatory body of any profession would be persons not included in the register of members admitted to practice.
 
    (  )  An Order may not provide for any function conferred on the Privy Council, in relation to any profession to which section 47(2)(a) applies, to be exercised by a different person.")
 
95*     Page 52, line 4, leave out from ("provides") to ("to") in line 7 and insert ("in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers") 
96*     Page 52, leave out line 14 and insert-- 
     ("(  )  In sub-paragraph (1), "enactment" does not include any enactment contained in or made under the Professions Supplementary to Medicine Act 1960 or the Nurses, Midwives and Health Visitors Act 1997")1960 c. 66.
1997 c. 24.
97*     Page 52, line 23, after ("appropriate") insert ("together with a report about the consultation") 
98*     Page 52, leave out lines 30 to 32 
  
BY THE LORD MORRIS OF MANCHESTER
 
99     Page 52, line 34, at end insert--
    (""the profession of chiropody and podiatry" means the profession of chiropody as regulated on 1st July 1999 by the Professions Supplementary to Medicine Act 1960,")
 
  
Clause 48
 
  
BY THE BARONESS HAYMAN
 
100     Page 39, line 7, at end insert--
 
    ("(  )  No order is to be made under section 30(6) unless a draft has been laid before, and approved by resolution of, each House of Parliament.")
 
  
After Clause 49
 
  
BY THE BARONESS HAYMAN
 
101*     Insert the following new Clause-- 
     (". In this Act--Interpretation.
 
    the 1977 Act" means the National Health Service Act 1977,
1977 c. 49.
 
    the 1990 Act" means the National Health Service and Community Care Act 1990,
    the Commission" means the Commission for Health Improvement,
    enactment" includes an enactment whenever passed or made.")
1990 c. 19.
  
Schedule 4
 
  
BY THE LORD LUCAS
 
102     Page 53, line 22, leave out from ("applies),") to end of line 24 and insert ("in paragraph 1, sub-paragraphs (f) and (g) shall be omitted.") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
103     Page 62, leave out lines 38 to 43 
  
Clause 51
 
  
BY THE BARONESS HAYMAN
 
104     Page 39, line 37, leave out ("(3)") and insert ("(4)") 
105     Page 39, leave out line 39 
  
Clause 52
 
  
BY THE BARONESS HAYMAN
 
106*     Page 40, line 16, after ("Act") insert ("(including the Schedules)") 
107*     Page 40, line 19, at end insert-- 
     ("(  )  Subsection (1) does not apply to the repeal of section 10 of the Professions Supplementary to Medicine Act 1960 (power to extend or restrict application of Act), which accordingly comes into force on the day on which this Act is passed.")1960 c. 66.
 
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