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Lord Hunt of Kings Heath moved Amendments Nos. 38 to 61:


Page 49, line 1, leave out from ("receive") to end of line 9 and insert ("from a Health Board representations that--
(a) a person who is included in any list meets either of the conditions for disqualification, or
(b) a person who has applied to be included in any list meets the second condition for disqualification,").
Page 49, line 11, leave out ("representations within subsection (2)(a)") and insert ("such representations").
Page 49, line 16, leave out from beginning to ("a") in line 21 and insert--
("(b) where the representations are that the second condition for disqualification is met and regulations prescribe the time within which such representations are to be made, within that time.
(4A) Subsections (4B) to (5C) apply for the purposes of this group of sections.
(4B) The first condition for disqualification is that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide.
(4C) The second condition for disqualification is that the person concerned--

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(a) has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit; and
(b) knew that he or (as the case may be) the other was not entitled to the benefit.
(5)").
Page 49, line 32, at end insert--
("(5A) "Health scheme" means--
(a) any of the health services under section 1(1) or any corresponding enactment extending to England and Wales or Northern Ireland; and
(b) any prescribed scheme;
and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.
(5B) Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.
(5C) Cases in which representations are made that the first condition for disqualification is met are referred to below as efficiency cases; and cases in which representations are made that the second condition for disqualification is met are referred to below as fraud cases.").
Page 49, line 35, after ("sections") insert ("and Schedule 8").
Page 49, line 37, leave out from beginning to end of line 28 on page 50 and insert--
("The NHS Tribunal: supplementary.
29A.--(1) Where an ophthalmic optician is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if any director meets that condition (whether or not he first met that condition when he was a director).
(2) Where a body corporate carries on a retail pharmacy business, the body corporate is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if any one of the body of persons controlling the body corporate meets that condition (whether or not he first met that condition when he was one of them).
(3) A person who is included in any list ("the practitioner") is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if--
(a) another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 29(5) on the practitioner's behalf, meets that condition; and
(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 29(4C)(a) occurring in the course of the provision of those services on his behalf.
(4) The Tribunal is not required to inquire into a fraud case if they have previously inquired into representations in respect of the person concerned and the same acts or omissions.
(5) In a fraud case, regulations may make provision (including provision modifying the effect of this Part) for the purpose of securing that the person subject to the inquiry is not added to any list until proceedings in that case are finally concluded.
(6) For the purposes of this group of sections, in a fraud or efficiency case proceedings are finally concluded--
(a) if the Tribunal determine not to disqualify or conditionally disqualify him when they make that determination;
(b) if they determine to disqualify or conditionally disqualify him and no appeal is brought against the determination, at the end of the period for bringing an appeal;

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(c) if they determine to disqualify or conditionally disqualify him and an appeal is brought against the determination, when the appeal process is exhausted.
(7) An inquiry under section 29 is not affected by the person subject to the inquiry withdrawing from, withdrawing any application to be included in or being removed from the list to which the case relates.
Powers of NHS Tribunal.
29B.--(1) Subsection (2) applies where the Tribunal are of the opinion--
(a) on inquiring into an efficiency case, that the person meets the first condition for disqualification;
(b) on inquiring into a fraud case, that the person meets the second condition for disqualification.
(2) The Tribunal--
(a) shall make a local disqualification, that is disqualify him for inclusion in the list to which the case relates; and
(b) may also make a national disqualification, that is disqualify him for inclusion in all lists within the same paragraph of section 29(5) as that list.").
Page 50, line 29, leave out from ("Tribunal") to ("they") in line 30 and insert ("make a national disqualification").
Page 50, line 32, leave out ("in question") and insert ("to which the lists in question relate").
Page 50, line 37, leave out from ("section") to end of line 44 and insert ("shall have effect when the case is finally concluded.").
Page 50, line 45, leave out from ("disqualified") to end of line and insert ("for").
Page 51, line 1, leave out from ("The") to ("that") in line 2 and insert ("functions of making disqualifications under section 29B include making a conditional disqualification,").
Page 51, line 3, leave out ("they") and insert ("the Tribunal").
Page 51, line 7, leave out ("under") and insert ("by virtue of").
Page 51, line 11, leave out from ("any") to end of line 12 and insert ("acts or omissions within section 29(4C)(a),").
Page 51, line 13, at end insert--
("(2A) Conditions so imposed shall have effect when proceedings in the case are finally concluded.
(2B) Section 29B(5) applies to a conditional disqualification as it applies to a disqualification.").
Page 51, line 14, leave out ("in writing").
Page 51, line 17, leave out ("or").
Page 51, line 20, leave out ("under") and insert ("by virtue of").
Page 51, line 21, leave out from ("References") to ("do") in line 22 and insert ("in any enactment to a disqualification by the Tribunal").
Page 51, line 27, leave out ("(whether or not conditional)") and insert (", conditional disqualification").
Page 51, line 28, after ("disqualified") insert ("or conditionally disqualified").
Page 51, leave out lines 37 to 45 and insert--
("and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate").
Page 51, leave out lines 46 and 47 and insert--
("(3) If any Health Board request a review of a conditional disqualification on the ground that--
(a) there has been a change in the circumstances by reference to which the conditions were imposed;
(b) the person concerned has failed to comply with the conditions; or

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(c) in a fraud case, the person concerned has since the Tribunal imposed the conditions (or made the disqualification conditional) again satisfied the second condition for disqualification,
the Tribunal shall review the conditional disqualification.
(3A) In the case of a person who is providing services in England and Wales or Northern Ireland, the reference in subsection (3) to a Health Board includes any corresponding authority under the provisions in force in England and Wales or Northern Ireland corresponding to this Part.").
Page 52, leave out lines 5 to 12 and insert--
("and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate.
( ) If, on a review under this section of a fraud case--
(a) there is a national disqualification which the Tribunal do not remove or make conditional;
(b) there is a national disqualification which is conditional and which the Tribunal make unconditional; or
(c) the Tribunal make a national disqualification,
they may also make a declaration of unfitness.
( )The Tribunal shall not under this section--
(a) in the case of a conditional disqualification, make it unconditional or vary the conditions; or
(b) make any further disqualification or conditional disqualification;
(c) make a declaration of unfitness,
if they are of the opinion that it would be unjust to do so.
( ) A determination by the Tribunal under this section shall have effect--
(a) if no appeal is brought against it, at the end of the period for bringing an appeal;
(b) if an appeal is brought against it, when the appeal process is exhausted.").

The noble Lord said: My Lords, with the leave of the House I shall move Amendments Nos. 38 to 61 en bloc. I beg to move.

On Question, amendments agreed to.

Clause 55 [Interpretation]:


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