Health Bill [H.L.] -
Amendments to be debated in the House of Lords
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Clause 47
     Page 38, line 14, at beginning insert--
    ("  .--(  )  Her Majesty shall by Order in Council make such provision relating to the regulation of the profession of chiropody and podiatry as set out in paragraph 1A of Schedule 3.")
     Page 38, line 16, at end insert ("so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes") 
Schedule 4
     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)".")
     Page 56, line 25, at end insert--
    (". In section 122(2) (recovery of charges), "as a simple contract debt" is omitted.")
     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".")
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