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Session 1998-99
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Amendments to the Health Bill [H.L.]

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

  


COMMONS AMENDMENTS

 

[The page and line refer to Bill 77 as first printed for the Commons.]

Amendment
No.
 
  
Clause 2
 
1     Page 2, leave out lines 8 to 11 
2     Page 2, line 25, after ("Act") insert ("(including this section)") 
3     Page 2, line 27, leave out from ("for") to end of line 41 and insert ("any functions to which this section applies to be exercised--
    (a)  by another Primary Care Trust,
    (b)  by a Special Health Authority, or
    (c)  jointly with any one or more of the following: Health Authorities, NHS trusts and other Primary Care Trusts.
    (3)  Regulations may provide--
    (a)  for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,
    (b)  for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,
    (c)  for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee."  ")
 
  
Clause 5
 
4     Page 8, line 32, after ("services") insert ("(including accommodation)") 
5     Page 8, line 44, after ("accommodation") insert ("or services") 
6     Page 8, line 47, at end insert ("or services") 
7     Page 9, line 4, after ("accommodation") insert ("or services") 
8     Page 9, leave out line 17 
  
After ">Clause 5
 
9     Insert the following new Clause-- 
     (".--(1) After section 8 of the National Health Service (Primary Care) Act 1997 (variation and termination of pilot schemes), there is inserted--Delegation of Health Authority functions relating to pilot schemes and section 28C arrangements.
 Exercise of Health Authority functions relating to pilot schemes by Primary Care Trusts.     8A.--(1) The following functions of a Health Authority are excepted functions for the purpose of section 17A of the 1977 Act--
    (a)  their function of entering into pilot schemes under which personal dental services are provided, and, where they have entered into such a scheme, any functions arising under the scheme which relate to those or any other services provided under the scheme,
    (b)  where a Primary Care Trust is providing any services under a pilot scheme, any functions of the Health Authority arising under that scheme (but the functions are only excepted in relation to that trust),
    (c)  their functions under section 4 (preparation of pilot scheme proposals),
    (d)  any function conferred under section 18 (funding work preparatory to pilot schemes).
    (2)  The Secretary of State may by order make provision for any rights and liabilities arising under pilot schemes under which personal medical services are provided to be transferred from Health Authorities to Primary Care Trusts and from Primary Care Trusts to Health Authorities.
 
    (3)  Subsection (2) is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under the 1977 Act."
 
     (2)  After section 28E of the 1977 Act (personal medical or dental services: regulations) there is inserted-- 
 Exercise of Health Authority functions relating to section 28C arrangements by Primary Care Trusts.     28EE.--(1)  The following functions of a Health Authority are excepted functions for the purpose of section 17A above--
    (a)  their function of entering into agreements under section 28C above under which personal dental services are provided, and, where they have entered into such an agreement, any functions arising under the agreement which relate to those or any other services provided under the agreement,
    (b)  where a Primary Care Trust is providing any services in accordance with section 28C arrangements, any functions of the Health Authority arising under those arrangements (but the functions are only excepted in relation to that trust),
    (c)  any function conferred under section 28E of considering or approving proposals to provide services in accordance with section 28C arrangements,
    (d)  any function conferred under section 28E(3)(k) above of making payments of financial assistance to fund work relating to section 28C arrangements.
    (2)  The Secretary of State may by order make provision for any rights and liabilities arising under an agreement to provide personal medical services under section 28C above to be transferred from Health Authorities to Primary Care Trusts and from Primary Care Trusts to Health Authorities.
 
    (3)  Subsection (2) above is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under this Act."  ")
 
  
Clause 8
 
10     Page 12, line 12, after ("below") insert ("and"") 
  
Clause 9
 
11     Page 13, line 40, leave out from ("he") to end of line 45 and insert--
    ("(a)  shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and
    (b)  may consult such other persons as he considers appropriate.")
 
12     Page 14, line 5, leave out ("revised") and insert ("varied") 
13     Page 15, line 24, leave out ("revocation or revision") and insert ("or revocation") 
14     Page 15, line 39, leave out subsection (4) 
  
After ">Clause 9
 
15     Insert the following new Clause-- 
     (".--(1) Section 44 of the 1977 Act (recognition of local representative committees) is amended as provided in subsections (2) to (4).
 
    (2)  Before subsection (1) there is inserted--
        (A1)  A Health Authority may recognise a committee formed for their area which they are satisfied is representative of--
      (a)  the medical practitioners providing general medical services or general ophthalmic services in that area;
      (b)  those medical practitioners and the deputy medical practitioners for that area; or
      (c)  the medical practitioners mentioned in--
            (i)  paragraph (a) above; or
            (ii)  paragraph (b) above,
 
 
    and the section 28C medical practitioners for that area,
 
 
    and any committee so recognised shall be called the Local Medical Committee for the area.
        (B1)  A Health Authority may recognise a committee formed for their area which they are satisfied is representative of--
      (a)  the dental practitioners providing general dental services in that area;
      (b)  those dental practitioners and the deputy dental practitioners for that area; or
      (c)  the dental practitioners mentioned in--
            (i)  paragraph (a) above; or
            (ii)  paragraph (b) above,
 
 
    and the section 28C dental practitioners for that area,
 
 
    and any committee so recognised shall be called the Local Dental Committee for the area."
    (3)  In subsection (1), paragraphs (a) and (b) and "the Local Medical Committee, the Local Dental Committee," are omitted.
 
    (4)  After subsection (2) there is inserted--
        (3)  For the purposes of this section and section 45 below, a person who meets the condition in subsection (4) below--
      (a)  is a deputy medical practitioner for the area of a Health Authority if he is a medical practitioner who assists a medical practitioner providing general medical services in that area in the provision of those services but is not himself on a list;
      (b)  is a section 28C medical practitioner for the area of a Health Authority if he is a medical practitioner who provides or performs personal medical services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another);
      (c)  is a deputy dental practitioner for the area of a Health Authority if he is a dental practitioner who assists a dental practitioner providing general dental services in that area in the provision of those services but is not himself on a list;
      (d)  is a section 28C dental practitioner for the area of a Health Authority if he is a dental practitioner who provides or performs personal dental services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another).
        (4)  The condition referred to in subsection (3) above is that the person concerned has notified the Health Authority that he wishes to be represented under this section by the appropriate committee for their area (and has not notified them that he wishes to cease to be so represented).
        (5)  For the purposes of subsection (3) above--
      (a)  a person is to be treated as assisting a medical practitioner or dental practitioner in the provision of services if he is employed by that practitioner for that purpose or if he acts as his deputy in providing those services; and
      (b)  list" has the same meaning as in section 46 below."
    (5)  Section 45 of that Act is amended as provided in subsections (6) to (8).
 
    (6)  For subsection (1) there is substituted--
        (1)  Regulations may require Health Authorities--
      (a)  in the exercise of their functions under this Part of this Act to consult committees recognised by them under section 44 above,
      (b)  in the exercise of any of their functions which relate to arrangements under section 28C above to consult committees recognised by them under section 44(A1)(c) or (B1)(c) above,
    on such occasions and to such extent as may be prescribed.
        (1A)  The power conferred by subsection (1) above is without prejudice to any other power to require a Health Authority to consult any committee recognised under section 44 above.
        (1B)  Committees recognised under section 44 above shall exercise such other functions as may be prescribed.
        (1C)  A committee recognised for an area under subsection (A1)(b) or (c) or (B1)(b) or (c) of section 44 above shall, in respect of each year, determine the amount of its administrative expenses for that year attributable --
      (a)  in the case of a committee recognised under subsection (A1)(b) or (c)(ii) of that section, to the deputy medical practitioners for the area;
      (b)  in the case of a committee recognised under subsection (A1)(c) of that section, to the section 28C medical practitioners for the area;
      (c)  in the case of a committee recognised under subsection (B1)(b) or (c)(ii) of that section, to the deputy dental practitioners for the area;
      (d)  in the case of a committee recognised under subsection (B1)(c) of that section, to the section 28C dental practitioners for the area."
    (7)  In subsection (2), "(including travelling and subsistence allowances payable to its members)" is omitted.
 
    (8)  After subsection (3) there is inserted--
        (4)  Where a committee has made a determination under subsection (1C) above, it shall apportion the amount so determined among the deputy medical practitioners, section 28C medical practitioners, deputy dental practitioners or section 28C dental practitioners, as the case may be, for the area and each such practitioner shall pay in accordance with the committee's directions the amount so apportioned to him.
        (5)  References in this section to administrative expenses of a committee include references to travelling and subsistence allowances payable to its members; but the reference in subsection (2) above to a committee's administrative expenses does not include so much of the committee's administrative expenses as are determined under subsection (1C) above to be attributable to any practitioners mentioned in that subsection."")
Local representative committees.
  
Clause 10
 
16     Page 16, line 7, at end insert--
        ("(  )  The Secretary of State may direct a Special Health Authority to exercise any functions of a Health Authority or a Primary Care Trust which are specified in the directions.")
 
17     Page 16, line 8, after ("specified") insert ("in directions under this section") 
18     Page 16, leave out lines 19 to 23 
19     Page 17, line 1, leave out ("45(2) or (3)") and insert ("45(1C) to (4)") 
20     Page 17, line 7, at end insert--
 
("or a function referred to in section 28EE(1)(a) to (d) below")
 
21     Page 17, line 33, leave out ("11,") 
22     Page 17, line 40, leave out ("11,") 
23     Page 18, line 1, leave out (""17" there is substituted "17B") and insert (""11 to 17" there is substituted "16 to 17B") 
  
Clause 11
 
24     Page 18, line 43, at end insert--
 
    ("(  ) In paragraph 16(2) of that Schedule (general powers of NHS trusts), for "which is owned and managed" there is substituted "at or from which services are provided".")
 
  
Clause 12
 
25     Page 19, line 7, leave out from beginning to ("be") in line 9 and insert--
 
    ("For section 5(9) of the 1990 Act (restrictions on exercise of certain powers) there is substituted--
        (9)  A power conferred by paragraph 14 or 15 of Part II of Schedule 2 to this Act may only")
 
  
Clause 16
 
26     Page 20, line 20, leave out ("Primary Care Trust, and each NHS trust,") and insert ("Health Authority, Primary Care Trust and NHS trust") 
  
Clause 17
 
27     Page 20, line 35, leave out ("section 18") and insert ("sections 18, (Arrangements with the Audit Commission) and (Arrangements with Ministers)") 
  
Clause 18
 
28     Page 21, line 35, leave out subsection (5) 
 
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