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Session 2000-01
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Amendments to the Health and Social Care Bill

Health and Social Care Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Health and Social Care Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 1, line 12, leave out "(in whatever way he thinks appropriate)" 
    Page 2, line 2, at end insert-- 
 
        (3AB) The Secretary of State shall exercise his powers under subsection (3AA) solely with a view to securing the appropriate number of medical practitioners providing general medical services (under arrangements made under section 10) or providing personal medical services (under section 28C) in the area of each Health Authority, and in so doing the Secretary of State shall have regard to (inter alia)--
 
 
      (a) the existing and anticipated need for such services in the relevant area,
 
 
      (b) the existing and anticipated numbers of such medical practitioners in the relevant area,
 
 
      (c) the cost in the relevant area of providing such services,
 
 
      (d) the impact on other health services in the relevant area,
 
 
      (e) the need for equity as between Health Authorities in the amounts allotted under subsection (3) (or varied under subsection (5)).
 
 
    (3AC) Prior to exercising his powers under subsection (3AA), the Secretary of State shall publish details of the number of medical practitioners he considers appropriate for each Health Authority area for the purposes of subsection (3AB), and other matters taken into account in accordance with subsection (3) or subsection (5)".
 
    Page 2, line 14, at end insert--  
 
        (2B) The Secretary of State shall exercise his powers under subsection (2A) solely with a view to securing the appropriate number of medical practitioners providing general medical services (under arrangements made under section 10) or providing personal medical services (under section 28C) in the area of each Health Authority, and in so doing the Secretary of State shall have regard to (inter alia)--
 
 
      (a) the existing and anticipated need for such services in the relevant area,
 
 
      (b) the existing and anticipated numbers of such medical practitioners in the relevant area,
 
 
      (c) the cost in the relevant area of providing such services,
 
 
      (d) the impact on other health services in the relevant area,
 
 
      (e) the need for equity as between Health Authorities in the amounts allotted under subsection (1) (or varied under subsection (6)).
 
 
    (2C) Prior to exercising his powers under subsection (2A) the Secretary of State shall publish details of the appropriate number of medical practitioners for each Health Authority area for the purposes of subsection (2B), and other matters taken into account in accordance with subsection (1) or subsection (6)"."
 
    (  ) The Secretary of State shall within one month of the announcement of the determination of amounts to be allotted under section 97 of the National Health Service Act 1977 lay before both Houses of Parliament a written statement showing the principles that he has adopted in making his determination and, in respect of each Health Authority or Special Health Authority--  
 
    (a) the amount to be allocated;
 
 
    (b) the impact of the allocation principles that he has adopted; and
 
 
    (c) the extent to which he has taken into account the matters set out in section 97(3AA) of the 1977 Act."
 
 Page 2, line 26, at end insert--  
 
        (1B) The Authority shall exercise its powers under subsection (1A) solely with a view to securing the appropriate number of medical practitioners providing general medical services (under arrangements made under section 10) or providing personal medical services (under section 28C) in the Authority's area, and in so doing the Authority shall have regard to (inter alia)--
 
 
      (a) the existing and anticipated need for such services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (b) the existing and anticipated numbers of such medical practitioners in the area served by each Primary Care Trust in the Authority's area,
 
 
      (c) the cost of providing such services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (d) the impact on other health services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (e) the need for equity as between Primary Care Trusts in the amounts allotted under subsection (1)(b) (or varied under subsection (3)).
 
    Page 2, line 40, at end insert--  
 
        (2B) The Authority shall exercise its powers under subsection (2A) solely with a view to securing the appropriate number of medical practitioners providing general medical services (under arrangements made under section 10) or providing personal medical services (under section 28C) in the Authority's area, and in so doing the Authority shall have regard to (inter alia)--
 
 
      (a) the existing and anticipated need for such services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (b) the existing and anticipated numbers of such medical practitioners in the area served by each Primary Care Trust in the Authority's area,
 
 
      (c) the cost of providing such services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (d) the impact on other health services in the area served by each Primary Care Trust in the Authority's area,
 
 
      (e) the need for equity as between Primary Care Trusts in the amounts allotted under subsection (1) (or varied under subsection (4)).
 
 
    (2C) Prior to exercising its powers under subsection (2A), the Authority shall publish details of the appropriate number of medical practitioners for each Primary Care Trust in the Authority's area for the purposes of subsection (2B), and for other matters taken into account in accordance with subsection (1) or subsection (4).""
 
  
Clause 2
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (b) they met the performance criteria set by the Authority and approved by the Secretary of State as criteria relevant to the satisfactory performance of their functions (judged by the method of measuring their performance against those criteria set by the Authority and approved by the Secretary of State),  
 and the Secretary of State shall publish details of such objectives, performance criteria and method of measuring performance within 28 days of approving the same."  
    Page 3, line 11, at end insert--  
     (4) Where the Secretary of State has increased the initial amount for any Health Authority he shall within one month lay before both Houses of Parliament a written statement showing for each such health authority--  
 
    (a) the initial amount and the amount by which it has been increased;
 
 
    (b) the period notified to the authority;
 
 
    (c) the extent to which the increase is attributable to the matters set out in each of paragraphs (a) and (b) of subsection (3C) of section 97;
 
 
    (d) if any increase is attributable to paragraph (b) of subsection (3C) of section 97, the criteria notified and the method or methods used for measuring performance against those criteria."
  
Clause 3
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Page 3, line 26, after "may" insert ", at the request of any Health Authority or any Primary Care Trust with the approval of a Health Authority,"  
  
THE LORD HUNT OF KINGS HEATH
 
    (  ) In section 97D of the 1977 Act (financial duties of Primary Care Trusts), in subsection (1)(b), after "section" there shall be inserted ", apart from subsection (5A)"  
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (4) Where the Secretary of State makes a payment to an NHS trust under paragraph 5A of Schedule 3 to the National Health Service and Community Care Act 1990 or to a Primary Care Trust under section 97C(5A) of the 1977 Act, he shall within one month lay a written statement before both Houses of Parliament and shall send a copy of the statement to any health authority, special health authority, NHS trust or Primary Care Trust which in his opinion has or may have an interest in the payment.  
     (5) The written statement referred to in subsection (4) above shall show for each payment referred to in that subsection--  
 
    (a) the recipient of the payment;
 
 
    (b) the amount of the payment;
 
 
    (c) the principles that the Secretary of State has used to determine the amount of the payment; and
 
 
    (d) where any conditions are imposed, the nature of those conditions."
  
Clause 4
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Page 4, line 16, at end insert--  
     (  ) If there is a proposal, or need, for a new project for provision of such facilities or services referred to in subsection (1), the Secretary of State shall give consideration as to whether such facilities or services can most efficiently and cost-effectively be provided through the involvement of the private sector."  
  
Clause 5
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Page 4, line 36, at end insert--  
 
        (  ) In exercising his powers under subsection (2), the Secretary of State shall give consideration to whether his objectives can most efficiently and cost-effectively be fulfilled through the involvement of the private sector.""
 
  
After Clause 5
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Annual written statement  
     (1) This section applies where the Secretary of State has exercised his power under subsection (1) of section 96C of the 1977 Act or subsection (7A) of section 7 of the Health and Medicines Act 1988 to form, or participate in forming, companies.  
     (2) The Secretary of State shall as soon as is practicable after the exercise of the powers referred to in subsection (1) above lay an initial written statement before both Houses of Parliament as set out in subsection (3) below and shall by the 30th of June each year lay an annual written statement as set out in subsection (4) below.  
     (3) The initial written statement referred to in subsection (2) above shall show for each company--  
 
    (a) the name of the company,
 
 
    (b) the purposes for which it has been formed,
 
 
    (c) the percentage of each class of share capital in the company held by the Secretary of State or his nominee,
 
 
    (d) any amounts invested or agreed to be invested, and
 
 
    (e) any loans, guarantees or other financial provision provided or agreed to be provided.
 
 (4) The annual written statement referred to in subsection (2) above shall show for each company--  
 
    (a) the amount invested or provided under the powers referred to in subsection (1) above at the 1st of April in the preceding year or, if later, when a initial statement was laid under subsection (1) above,
 
 
    (b) the amount invested or provided under the powers referred to in subsection (1) above at the 31st of March in that year, and
 
 
    (c) an explanation of any changes during the period covered by the written statement."
 
 Report and accounts  
     (1) Each body falling within section (Annual written statement) shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.  
     (2) The Secretary of State shall lay a copy of every such report before each House of Parliament and shall arrange for copies of every such report to be published in such a manner as he considers appropriate.  
     (3) A copy of the accounts of a body falling within section (Annual written statement) shall be sent to the Secretary of State as soon as reasonably practicable after being received by the body; and the Secretary of State shall lay before each House of Parliament a copy of those accounts and any report on them.  
     (4) Such accounts and any record relating to them shall be open to the inspection of the Comptroller and Auditor General."
  
Clause 6
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
  
Clause 7
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (  ) Where a county authority comprises district councils, it shall, where appropriate, include in the membership of the scrutiny committee representatives of each or all of the district councils within the authority's area of responsibility for health services."  
  
Clause 8
 
  
THE LORD HUNT OF KINGS HEATH
 
    Page 7, line 43, leave out "Secretary of State" and insert "relevant authority"  
  
Clause 10
 
  
THE LORD HUNT OF KINGS HEATH
 
  
Clause 13
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    a national association of Patient Councils."  
  
Clause 14
 
  
THE LORD HUNT OF KINGS HEATH
 
    (e) persons providing services under arrangements made under Schedule 8A to the 1977 Act or section,"  
  
Clause 16
 
  
THE LORD HUNT OF KINGS HEATH
 
    Page 13, line 10, leave out from "members" to end of line 12 and insert "under paragraph 4(c) above of a Primary Care Trust for which there is a Patients' Forum shall be a person appointed by the Forum." "  
    Page 13, line 17, leave out "before "any"" and insert "at the beginning"  
 
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