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Lord Renton: My Lords, as the noble Baroness said in her rapid but careful summary of this vast list of mainly drafting and technical amendments--

Lord Hunt of Kings Heath: My Lords, we have now agreed to Commons Amendment No. 2.

The Deputy Speaker (Lord Skelmersdale): My Lords, perhaps I may help. If the noble Baroness, Lady Hayman, would like to move Commons Amendment No. 3, the noble Lord, Lord Renton, could speak to it.

COMMONS AMENDMENTS

3

Clause 2, 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,

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(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." ").
4

Clause 5, 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.


9

After Clause 5, insert the following new clause--

DELEGATION OF HEALTH AUTHORITY FUNCTIONS RELATING TO PILOT SCHEMES AND SECTION 28C ARRANGEMENTS

(".--(1) After section 8 of the National Health Service (Primary Care) Act 1997 (variation and termination of pilot schemes), there is inserted--


    "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,

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    (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." ").

Baroness Hayman: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 3 to 9.

Moved, That the House do agree with the Commons in their Amendments Nos. 3 to 9.--(Baroness Hayman.)

On Question, Motion agreed to.

COMMONS AMENDMENT

10

Clause 8, page 12, line 12, after ("below") insert ("and"").

4.15 p.m.

Baroness Hayman: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 10. In moving this amendment I shall speak also to Amendments Nos. 24, 25, 28, 52, 63, 68, 70, 75, 82, 83, 93, 94, 98, 99, 102, 104, 107, 111 to 117, 119, 120, 122 to 124, 126, 127, 129 and 131 to 143. The fact that I am dealing with another large group of amendments may give the noble Lord, Lord Renton, an opportunity to make his point.

These amendments are mainly minor, drafting, technical or consequential amendments to tidy up the Bill's provisions in a number of places. I shall therefore keep my remarks on this group brief, merely indicating some of the issues which the amendments seek to address. Some correct slight drafting errors. For example, Commons Amendment No. 10 inserts a missing "and" into Clause 8 and Commons Amendment No. 25 corrects a grammatical error, involving the mixed use of the singular and the plural in the same context.

A number of the amendments, Commons Amendments Nos. 75, 111, 112, 114, 122 and 129, are consequential to the provisions in Part II of the Bill concerning Scotland.

A large number, Commons Amendments Nos. 102, 120, 123, 124, 126, 127, 134 to 139 and 141 to 143, are consequential on Clause 1 and the abolition of GP fundholding. They remove existing statutory references to fundholding and fundholders.

A further chunk of the amendments, Commons Amendments Nos. 28, 52, 63, 68, 82, 83, 98, 107 and 117, form a group of amendments that make changes to

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the provisions in the Bill that set out the manner in which the powers to make directions may be exercised. The main amendment in this group is Commons Amendment No. 82 which inserts new subsections into Clause 55. Subsections (1A) and (1B) replace the various individual provisions in the Bill that set out how the powers of direction may be exercised. The amendments simplify the provisions and ensure that they are to be interpreted consistently. If one needs to know how the Secretary of State's powers of direction under the Bill are to be exercised, one will need only to look in one place--at Clause 55.

Commons Amendment No. 99 seeks to clarify how the consultation process on a draft order under Clause 54 of the Bill concerning professional self-regulation, as set out in paragraph 9 of Schedule 3, will work when a draft order concerns matters within the legislative competence of the Scottish Parliament. That is where a draft order seeks to regulate a profession not currently regulated by statute. The intention is that such orders should, wherever possible, be made on a United Kingdom basis. This means that the drafting of the order and the consultation needs to be co-ordinated between the various administrations in the United Kingdom. This amendment serves to clarify how this process would work in relation to the Scottish Parliament. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendment No. 10.--(Baroness Hayman.)

Baroness Carnegy of Lour: My Lords, I should like to say a few words on this group of amendments because, as the noble Baroness has said, it contains a number of amendments which relate to Scotland. I am very grateful--as I know are other noble Lords--for the notes that the Minister was kind enough to send us on the amendments. The notes have made it very much easier to understand the procedure in which we are engaged.

I should just like to comment again, because I did so during the passage of the Bill, on the timing of the passage of Part II of the Bill. The group of amendments relating to Scotland now under consideration are not entirely technical or minor. For example, Commons Amendment No. 75 affects the many employees in the Scottish National Health Service and their conditions of employment if they transfer between health service bodies. An entire new clause is being inserted into the Bill on the subject of health workers in Scotland when the health service in Scotland is already devolved to the Scots Parliament. Only yesterday, the First Minister in the Scots Parliament began to announce the legislative programme that it will consider. It did not, of course, contain this particular subject because Westminster is considering it.

It has been established during the Bill's passage that this is a perfectly legal procedure. Under the Scotland Act, not only can the Westminster Parliament complete Part II of this Bill for Scotland after devolution, but the Westminster Parliament will be able to legislate for anything it likes, whether or not the matter has been devolved. So there is no question about the legality. But

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I hope that the Minister will convey to her noble friends and to her right honourable friends the view that it is important that the Government do not continue in this way. We do not want Westminster deciding for Scotland matters which have been devolved to the Scots Parliament. It should not be necessary. Had the passage of this Bill been differently timed, it would not be necessary. It is a strange procedure. We hope that it will not be repeated. I hope that the Minister will take note of the fact that something is being done that should not be repeated often. A matter that has been devolved to Scotland should, once the Scots Parliament takes over, be decided in Scotland, not at Westminster.


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