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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
THE LORD REA

Page 2, line 26, at end insert—
"(1B)  The Secretary of State shall in directions under subsection (1A) have regard to the need to ensure and maintain an adequate distribution throughout England and Wales of medical practitioners providing general medical services under arrangements made under section 10 of the 1997 Act or providing personal medical services under section 28C of that Act."
Page 2, line 40, at end insert—
"(2B)  The Secretary of State shall in directions under subsection (2A) have regard to the need to ensure and maintain an adequate distribution throughout England and Wales of medical practitioners providing general medical services under arrangements made under section 10 of the 1997 Act or providing personal medical services under section 28C arrangements."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

The above-named Lords have given notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 3, line 9, at end insert—

Page 3, line 9, at end insert—
 

Clause 4

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 4, line 23, at end insert—
"(6)  For the purpose of subsection (1) above, the Secretary of State shall make regulations to establish and require systems of operation that safeguard patient interests, in particular to ensure adequate care standards, accountability and transparency.
(7)  Before making any regulations under subsection (6) above, the Secretary of State shall consult such bodies who represent the interests of those likely to be affected by the regulations."
 

Clause 7

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 6, line 25, at end insert—
"(   )  the GLA"
Page 6, line 27, at end insert—
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 6, line 40, at end insert—
"(   )  requiring any member of an oversight and scrutiny committee who is also a member of the Health Authority, NHS Trust or Primary Care Trust not to take part in the discharge by the Committee of the functions described in subsection (1) above."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 6, line 40, at end insert—
"(   )  as to the information which the committee shall make available to Patients' Councils"
Page 6, line 40, at end insert—
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 6, line 40, at end insert—
"(   )  as to the provision of resources to an authority to which this section applies to enable effective review and scrutiny"
Page 6, line 40, at end insert—
"(   )  as to the procedures to be followed by local NHS bodies on receipt of reports or recommendations"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 6, line 44, at end insert—
"(   )  Before making regulations under this section the Secretary of State shall consult Patients Councils, patients' and carers' organisations and the wider community."
Page 7, line 6, at end insert—
"(   )  Before making any regulations under subsection (3) above, the Secretary of State shall consult such bodies as represent the interests of those likely to be affected by the regulations."
 

Clause 8

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 7, line 37, at beginning insert "Subject to subsection (3A),"
Page 7, line 42, at end insert—
"(3A)  Section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) shall be applied as closely as may be practicable having regard to the aggregate representation of different political groups on the local authorities appointing a joint overview and scrutiny committee."
 

Clause 11

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 9, line 18, after "representatives" insert "including Patients' Councils, patients' and carers' organisations, ILAFs, Patients' Forums, overview and scrutiny committees and the wider community"
Page 9, line 25, at end insert "including Special Health Authorities,"
Page 9, line 25, at end insert—
"(   )  Special Health Authorities,"
 

Clause 12

 

THE LORD REA

Page 10, line 32, at end insert "and shall act independently, so far as practical, from each establishing NHS Trust or Primary Care Trust as the case may be"
 

Clause 14

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 11, line 29, leave out subsection (1) and insert—
"(1)  Authorised members of a Patients' Forum shall be permitted (subject to subsection (2) below) to enter and inspect for the purposes of any of the Patients' Forum's functions, premises owned or controlled by—
(a)  a Health Authority,
(b)  a Primary Care Trust,
(c)  an NHS Trust, or
(d)  a person providing services under Part II of the 1997 Act or under arrangements under section 28C of that Act."
Page 11, line 38, after "The" insert "Secretary of State shall make regulations in relation to the powers granted under subsection (1) above and those"
 

Clause 15

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 12, line 3, at end insert—
"(   )  Every Patients' Council shall—
(a)  prepare reports on matters arising from premises visited within 60 days and send the same to the relevant Trust, overview and scrutiny committee, ILAF and Health Authority, which bodies shall be required to respond; and
(b)  have the right to refer any matters to the Secretary of State for action in the event that it is dissatisfied with the response from the above bodies."
 

Clause 16

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 12, line 10, at beginning insert "Following consultation with Patients' Councils, patients' and carers' organisations and the wider community,"
Page 12, line 36, at end insert—
"(   )  The Secretary of State may by regulation make provision for—
(   )  the funding of Patients' Forums and Patients' Councils and the provision of premises, other facilities and staff;
(   )  the payment of travelling and other allowances to members of a Patients' Forum, Patients Council or of a committee of either of these (including attendance allowances or compensation for loss of remunerative time);
(   )  the provision of information to a Patients' Forum or Patients' Council by the trust for which it is established, including descriptions of information which are, or are not, to be provided."
Page 12, line 40, leave out paragraphs (a) and (b) and insert—
"(   )  at least 25 per cent of members who are members or representatives of voluntary organisations operating in the district whose members or client group have an interest in the health service;
(   )  at least 25 per cent of members being persons living in the locality or district for whom services are being provided or may in the future be provided under the 1977 Act; and
(   )  at least 25 per cent of members being persons who provide care for persons detailed in paragraph (b) above but who are not employed to do so by anybody in the exercise of their functions under any enactment."
 

Clause 18

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 15, line 5, at end insert—
"(8)  This section may not be brought into force until the Secretary of State has issued a certificate stating that it is his opinion that the bodies established under sections 7 and 10 are fully functional and performing their duties effectively throughout England."
 

Clause 20

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

Page 15, line 37, at end insert—
"(4)  The Secretary of State shall only make an intervention order under this section where he is satisfied that all other possible action has been taken.
(5)  Prior to making an order under this section, the Secretary of State shall lay a report before both Houses of Parliament setting out—
(a)  the action taken to ameliorate the situation, and
(b)  the reasons for making the order and the expected time in which the order will be in force."
 

Clause 22

 

THE LORD REA

Page 18, line 4, after "consultation" insert "including consultation with the local medical committee for its area"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 18, line 9, at end insert—
"(4)  Each Health Authority shall report monthly to the Secretary of State detailing the number of medical practitioner vacancies in its area and the number of enquiries for such vacancies during the period of the report.
(5)  The Secretary of State shall publish, in a manner he thinks fit, a report detailing the number of vacancies in each authority and the number of enquiries for vacancies in each authority."
 

Clause 27

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 24, line 5, at end insert—
Page 24, line 5, at end insert—
"(   )  In sections 29B, 36, 39, 42 and 43 the expression "grounds of unsuitability" means, in relation to each such person, grounds as would enable the Health Authority, or on appeal the FHSAA, to be satisfied that it is necessary for the protection of members of the public, is otherwise in the public interest, or is in the interest of such person, that such person is unsuitable for inclusion in the respective list, and elsewhere in this Act the word "unsuitability" shall be construed accordingly."
 

Clause 28

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 24, line 28, at end insert ",   or
(c)  preventing local variability in criteria for inclusion in the lists"
 

Clause 30

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 25, line 43, after "gifts" insert "above a specified value"
 

THE LORD REA

Page 26, line 3, at end insert "or personal medical services under section 28C arrangements"
 

Clause 31

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 27, line 31, at end insert—
"(   )  Where a person employs a relevant practitioner who is included in the relevant supplementary list, that person may be confident of the suitability of the practitioner without making further enquiry.
(   )  Exclusion from one Health Authority supplementary list does not automatically imply exclusion from all Health Authorities supplementary lists.
(   )  Under exceptional circumstances a practitioner may be allowed to practise whilst his application is being processed."
 
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Prepared 9 March 2001