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

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Clause 18
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
  
Clause 19
 
  
THE LORD HUNT OF KINGS HEATH
 
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
  
Clause 20
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Page, 15, line 29, after "may" insert "issue a notice to the body informing it of his intention to" 
    (  ) The order referred to in subsection (1) above shall specify--  
 
    (a) the function or functions which the body is not performing to a significant extent or the significant failings in the way the body is being run,
 
 
    (b) the matters which the Secretary of State has considered in reaching his opinion,
 
 
    (c) the provisions that the Secretary of State intends to include in an intervention order, and
 
 
    (d) the date on which he intends to issue the intervention order which must be at least 28 days after the date of the order.

    (  ) The Secretary of State shall consider any representations made to him by the body before issuing any intervention order."
 
     (  ) The Secretary of State shall agree with the Commissioner for Public Appointments the process whereby individuals are selected prior to being specified in or determined in accordance with the order to replace those removed from office under subsections (2) or (3) above."  
    Page 17, line 9, at end insert--  
     (  ) The Secretary of State shall as soon as is practicable after the issue of an intervention order lay a copy of it before both Houses of Parliament and deliver a copy 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 order."  
  
Clause 28
 
  
THE LORD HUNT OF KINGS HEATH
 
    (  ) If regulations provide for a practitioner's removal from the list for breach of condition--
 
    (a) the regulations may provide that he may not withdraw from the list while the Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the Health Authority have decided to remove him but before they have given effect to that decision; and
 
 
    (b) the regulations must include provision--
 
      (i) requiring the practitioner to be given notice of any allegation against him,  
      (ii) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his removal from the list, and  
      (iii) requiring him to be given notice of the Health Authority's decision and the reasons for it and of his right of appeal under subsection (4)."
 Page 24, line 42, at end insert--  
 
    (ca) on any review of an earlier such decision of theirs,"
 
     Page 25, line 2, at end insert--  
     (  ) Regulations under this section may provide for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition."
  
Clause 29
 
  
THE LORD HUNT OF KINGS HEATH
 
  
Clause 30
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
  
Clause 31
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
THE LORD HUNT OF KINGS HEATH 
    (  ) The imposition of such conditions must be with a view to--  
 
    (a) preventing any prejudice to the efficiency of the services to which the supplementary list relates; or
 
 
    (b) preventing any acts or omissions of the type described in section 49F(3)(a) below."
     (  ) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a supplementary list, they must include provision--  
 
    (a) requiring him to be given notice of any allegation against him;
 
 
    (b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and
 
 
    (c) requiring him to be given notice of the Health Authority's decision and the reasons for it and of any right of appeal under subsection (6) or (7)."
 THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     (10) Before making regulations under this section, the Secretary of State must consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be included in supplementary lists.""  
  
Clause 32
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (  ) a supplementary list, or  
 
    (  ) a services list,"
 
  
THE LORD HUNT OF KINGS HEATH
 
    (9) The Secretary of State may make regulations providing for payments to practitioners who are suspended.  
     (10) Those regulations may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State."
      Page 32, line 26, after "FHSAA" insert ", or a suspension imposed under section 49J above" 
    Page 33, line 17, after "contingently," insert--  
 
    (a)"
    (b) the Health Authority may remove him from their list if they determine that he has failed to comply with a condition."  
    Page 33, line 39, leave out "of individuals of the practitioner's description"  
    Page 34, line 18, leave out "referred to in subsection (1)" and insert "from which he has been disqualified from inclusion"  
    Page 34, line 29, at end insert-- 
     (9) The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to "two years" or "one year" were a reference to a different period specified in the regulations."  
     Page 35, line 20, leave out "corresponding to a practitioner"  
  
Clause 33
 
  
THE LORD HUNT OF KINGS HEATH
 
    (  ) The imposition of such conditions must be with a view to--  
 
    (a) preventing any prejudice to the efficiency of the services to which the services list relates; or
 
 
    (b) preventing any acts or omissions of the type described in section 49F(3)(a) below."
 
 (  ) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision--  
 
    (a) requiring him to be given notice of any allegation against him;
 
 
    (b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and
 
 
    (c) requiring him to be given notice of the Health Authority's decision and the reasons for it and of any right of appeal under subsection (7) or (8)."
 
 (  ) The imposition of such conditions must be with a view to--  
 
    (a) preventing any prejudice to the efficiency of the services to which the services list relates; or
 
 
    (b) preventing any acts or omissions of the type described in section 49F(3)(a) below."
 
 (  ) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision--  
 
    (a) requiring him to be given notice of any allegation against him;
 
 
    (b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and
 
 
    (c) requiring him to be given notice of the Health Authority's decision and the reasons for it and of any right of appeal under subsection (7) or (8)."
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     (  ) Before making regulations under this section, the Secretary of State must consult such organisations as he thinks fit and as appear to him to represent general medical practitioners, performing personal medical services, and such organisations as he thinks fit and as appear to him to represent general dental practitioners performing personal dental services.""  
  
Clause 34
 
  
THE LORD HUNT OF KINGS HEATH
 
     Page 39, line 38, leave out "to facilities and persons" and insert "in relation to the services of officers of Special Health Authorities to be"  
    For the purposes of subsection (6)--  
 
    (a) the Secretary of State may give directions to an NHS trust requiring it to make facilities or the services of persons available as mentioned there; but
 
 
    (b) subsections (1) and (2) of section 27 above apply in relation to the services of such persons as they apply in relation to the services of officers to be made available by virtue of section 26 above by a Health Authority, Special Health Authority or Primary Care Trust."
 
 Page 40, line 19, leave out "The terms of appointment of the other members, and"  
    Page 42, line 29, after "in" insert "or by virtue of"  
    (  ) for a period which must elapse before an application, or a further application, may be made under section 49M(5)(a) above;"  
  
Clause 38
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (c) any provider of pharmaceutical services locally,"  
  
Clause 48
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (4) Before making regulations under this Chapter the Secretary of State must consult such organisations as he thinks fit, and as appear to him to represent persons providing pharmaceutical services."  
  
Clause 52
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    (2) All trusts designated under subsection (1)(b) above shall be known as `Community Care Trusts'."  
  
Clause 53
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
  
THE LORD HUNT OF KINGS HEATH
 
  
Clause 62
 
  
THE LORD HUNT OF KINGS HEATH
 
  
Clause 67
 
  
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
    Page 67, line 37, at end insert "and the Secretary of State shall not exercise the power to make regulations under this section in a manner which hinders or restricts the ability of a relevant practitioner to use health information for the purpose of providing safe and effective services to patients.  
     (4) In this section `relevant practitioner' means--  
 
    (a) a pharmacist within the meaning of the Medicines Act 1968; or
 
 
    (b) an appropriate practitioner within the meaning of Section 58 of that Act."
  
Clause 75
 
  
THE LORD HUNT OF KINGS HEATH
 
    Page 74, line 29, at end insert--  
     (8A) Subsection (8) does not apply in relation to any amendment or repeal relating to section 115 of the Police Act 1997, and any such amendment or repeal extends to England and Wales only."  
  
Schedule 5
 
  
THE LORD HUNT OF KINGS HEATH
 
    (  ) In section 29A (medical lists), in subsection (3), for paragraph (b) there shall be substituted--  
 
      (b) he is not disqualified from inclusion in all Health Authorities' medical lists by virtue of a national disqualification imposed on him by the FHSAA."
 
     (  ) In section 33 (distribution of general medical services), in subsection (1B), the words from "including, in particular," to the end of the subsection are omitted."  
 National Health Service and Community Care Act 1990 (c. 48)  
      In section 4A of the National Health Service and Community Care Act 1990 (provision of certain services under NHS contracts), in subsection (3), in paragraph (a) of the definition of "ophthalmic services", for "39(a)" substitute "39(1)(a)"."  
      Page 90, line 24, after "Act)" insert "shall be amended as follows.  
     (2) After paragraph 40 insert--  
 
        40A A Patients' Forum established under section 12 of the Health and Social Care Act 2001.
 
 
        40B A Patients' Council established under section 13 of the Health and Social Care Act 2001."
 
     (3)"  
  
Schedule 6
 
  
THE LORD HUNT OF KINGS HEATH
 
    Page 92, line 36, column 2, leave out "18" and insert "17"  
 
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