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COMMONS AMENDMENTS

73

Clause 42, page 47, line 12, after ("functions") insert ("--


(a)")
74

Page 47, line 14, at end insert (";or


(b) relating to pilot schemes under Part I of the National Health Service (Primary Care) Act 1997; or
(c) relating to arrangements under section 17C for the provision of personal medical services and personal dental services."."
75

After Clause 44, insert the following new clause--

TRANSFER OF STAFF AMONG HEALTH SERVICE BODIES

(". After section 12C of the 1978 Act there is inserted--

17 Jun 1999 : Column 474


    "Transfer of staff among health service bodies.


    12CA.--(1) This section applies to any person who is--
    (a) employed by a health service body (the transferor authority) and is transferred to another health service body (the transferee authority) because a function of the transferor authority is transferred to the transferee authority; and
    (b) designated for the purposes of this section by a scheme made by the transferor authority.
    (2) A scheme under this section shall not have effect unless approved by the Secretary of State.
    (3) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the transferee authority.
    (4) Without prejudice to subsection (3)--
    (a) all the transferor authority's rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the transferee authority on the transfer date; and
    (b) anything done before the transfer date by or in relation to the transferor authority in respect of that contract shall be deemed from that date to have been done by or in relation to the transferee authority.
    (5) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
    (6) A scheme under this section may designate a person either individually or as a member of a class or description of employees.
    (7) In this section--
    a "health service body" is a body mentioned in section 17A(2); and
    the "transfer date" is the date on which the function is transferred from the transferor authority to the transferee authority."").
    76 Clause 45, page 47, line 36, after ("trust") insert ("and of the Agency").
    77 Clause 51, page 54, leave out lines 45 to 50 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.").
    78 Page 55, line 8, leave out ("revised") and insert ("varied").
    79 Page 56, line 26, leave out ("revocation or revision") and insert ("or revocation").
    80 Page 56, line 41, leave out subsection (4).

Baroness Hayman: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 73 to 80 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 73 to 80 en bloc.--(Baroness Hayman.)

On Question, Motion agreed to.

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COMMONS AMENDMENT

81

After Clause 54, insert the following new clause--

ENGLISH AND SCOTTISH BORDER PROVISIONS

(".--(1) Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.
(2) This subsection applies to any functions under the 1977 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Secretary of State or any Health Authority or Primary Care Trust.
(3) Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.
(4) This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.
(5) In this section--
"English border area" means the area of any Health Authority adjacent to Scotland,
"Scottish border area" means the area of any Health Board adjacent to England.").

Baroness Hayman: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 81. In speaking to this amendment, I wish to speak also to Amendments Nos. 84 and 85.

This new clause, and the amendments consequential upon it, will enable sensible provision to be made for local healthcare services at the Border between England and Scotland. It is intended that similar provision will be made at the Border between England and Wales, but that does not require primary legislation.

A number of GP practices located near the England/Scotland Border have patients on their lists from both sides of the Border. Under the existing arrangements that means that the GPs concerned are part of both the English and the Scottish NHS systems. This clause will enable a GP practice and its patients to be dealt with by either an English health authority or a Scottish health board, rather than having to deal with both. It enables a more coherent approach to be taken to the planning of local healthcare services, simplifies local administrative procedures and avoids duplication of time and effort.

As the effect of the order will be to confer on the Secretary of State or English health authorities the ability to operate in relation to Scottish patients, and for Scottish Ministers and Scottish health boards to operate in relation to English patients, both Westminster and the Scottish Parliament will be able to scrutinise, debate and approve the order. Amendment No. 85 provides that the Order in Council must be laid before and approved by resolution of both Houses of Parliament and the Scottish Parliament.

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While only relatively few patients will be affected by these provisions--around 3,500 on current estimates--they are important in ensuring that sensible practical arrangements can be made in respect of the provision of healthcare in Border areas. We have consulted those that will be most affected by the provisions--health authorities, health boards and GPs in cross-Border areas--and everyone who responded was in favour of the approach that we propose to take. I commend the clause to the House.

On Question, Motion agreed to.

COMMONS AMENDMENTS

82

Clause 55, page 65, leave out lines 10 to 14 and insert--


("(1A) Directions under section 18 or 25 or Schedule 2, or by virtue of section 35(1)(b), are to be given by an instrument in writing.
(1B) Any such directions may be varied or revoked by subsequent directions under, or by virtue of, the same provision.
(2) Subsections (4) and (5) of section 126 of the 1977 Act (supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations, or to give directions mentioned in subsection (1A), as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section").
83

Page 65, line 15, leave out ("subsection (2)") and insert ("subsection (4) of that section").


84

Page 65, line 16, after (" 28") insert ("or an Order in Council under section (English and Scottish border provisions)").


85

Page 65, line 37, at end insert--


("( ) No recommendation is to be made to Her Majesty to make an Order in Council under section (English and Scottish border provisions) unless a draft--
(a) has been laid before, and approved by resolution of, each House of Parliament, and
(b) has been laid before, and approved by resolution of, the Scottish Parliament.").
86

Clause 57, page 66, line 9, at end insert--


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