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

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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
THE LORD PESTON
 
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.
  
BY THE BARONESS WILCOX
 
96A     Page 52, line 20, at end insert--
    ("(  )  consult representatives of patients and carers; and
    (  )  consult any other persons he considers appropriate.")
 
  
BY THE BARONESS HAYMAN
 
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
THE LORD PESTON
 
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 BARONESS HAYMAN
 
102A     Page 55, line 2, at end insert--
 
    (". In section 29A(3)(b) of the 1977 Act (medical lists), for the words from first "disqualified" to "46" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".
 
    . In section 48 (disqualification provisions in Scotland or Northern Ireland)--
    (a)  in paragraph (a), for the words from "services" to "above" there is substituted "any of the services mentioned in any of the paragraphs of section 46(5) above",
    (b)  in paragraph (b), at the beginning, there is inserted "in relation to the services in question" and for the words from "a list" to the end there is substituted "any list and (if also the subject of a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him.
        (2)  Where under the conditional disqualification provisions in Scotland or Northern Ireland--
      (a)  any conditions are imposed in relation to the provision by any person of any services mentioned in section 46(5) above, or
      (b)  any conditions so imposed are varied,
    the Secretary of State may, by a notice in writing given to each Health Authority and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part of this Act.
        (3)  A notice under subsection (2) above may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to England and Wales as they have in relation to Scotland or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.
        (4)  Conditions imposed by a notice under subsection (2) above shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.
        (5)  In this section, "the conditional disqualification provisions in Scotland or Northern Ireland" means any provisions in force in Scotland or Northern Ireland corresponding to sections 46C and (so far as relating to conditional disqualifications) 47 above."
    . In section 49 (regulations as to sections 46 to 48)--
    (a)  in paragraph (c), after "disqualifications" there is inserted "or conditions",
    (b)  at the end of that section there is inserted--
        (2)  Regulations under subsection (1)(a) above may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely."
    . In section 49A (application for interim suspension)--
    (a)  after subsection (1) there is inserted--
        (1A)  A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates",
    (b)  in subsection (2), for the words from "it" to "patients" there is substituted "either of the conditions for doing so is satisfied" and after "in question" there is inserted "or the case to which the review in question,",
    (c)  after that subsection there is inserted--
        (2A)  The conditions for giving such a direction are--
      (a)  that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,
      (b)  in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that--
            (i)  an act or omission within section 46(4C)(a) above will occur, or
            (ii)  the investigation of the case or the review will be prejudiced",
    (d)  in subsection (3)(c), for the words from "under" to "engaged in" there is substituted "of unfitness in relation to",
    (e)  in subsection (4), after "case" there is inserted "or review",
    (f)  subsection (5) is omitted,
    (g)  in subsection (6)(a), "prepared under this Part of this Act" is omitted.
    . In section 49B (continuation of suspension pending appeal)--
    (a)  for subsection (1) and the preceding sidenote there is substituted--
 
 Suspension pending appeal.     "49B.--(1) Where, on disposing of a case under section 46B above, the Tribunal disqualify the person concerned under subsection (2)(b) of that section, they may, if they consider that either of the conditions mentioned in section 49A(2A) above is satisfied, direct that section 49A(3) above shall apply or, if a direction has been given under section 49A(2) above, shall continue to apply to him as respects services of the kind to which the disqualification relates.", 
 
    (b)  in subsection (2), in paragraph (a), for "direction under section 46(2)(b) above" there is substituted "disqualification under section 46B(2)(b) above" and, in paragraph (b), for "that direction" there is substituted "the disqualification",
    (c)  in subsection (3), for the words from "direction" to "section 46(2)(c) above" there is substituted "disqualification which is not coupled with a declaration of unfitness",
    (d)  subsection (4) is omitted.
    . In section 49D (suspension provisions in Scotland or Northern Ireland), for "46(1)" there is substituted "46(5)".")
 
102B     Page 56, line 25, at end insert--
 
    (". In section 122(2) (recovery of charges), "as a simple contract debt" is omitted.")
 
102C     Page 57, line 31, at end insert--
 
    (". In Schedule 9 (NHS Tribunal), in paragraph 5A--
    (a)  in sub-paragraph (2)(a), for "section 46" there is substituted "sections 46 to 46C",
    (b)  in sub-paragraph (2)(b), after "disqualification" there is inserted "conditional disqualification or declaration of unfitness",
    (c)  in sub-paragraph (2)(d), for the words from "the application" to the end there is substituted "section 49A(3) may be made to apply or continue to apply".")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
102D     Page 58, leave out line 16 and insert--
    ("(a)  in subsection (2)--
          (i)  after paragraph (a) there is inserted--
            (aa)  Special Health Boards;",
          (ii)  after paragraph (k) there is inserted--
            (ka)  Primary Care Trusts established under section 16A of the National Health Service Act 1977;",
          (iii)  paragraphs (d) and (j) are omitted, and")
 
102E     Page 59, line 6, after (""or") insert ("Health") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
103     Page 62, leave out lines 38 to 43 
  
Schedule 5
 
  
BY THE LORD MACDONALD OF TRADESTON
 
103A     Page 64, line 48, column 3, after (""or") insert ("Health") 
  
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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