House of Lords portcullis

Publications on the internet
Index of Amendments

Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 6th March 2001, as follows—

 Clauses 1 to 9
Schedule 1
Clauses 10 to 36
Schedule 2
Clauses 37 to 47
Schedule 3
Clauses 48 to 51
Clause 68
Clauses 52 to 55
Schedule 4
Clause 56 to 67
Clauses 69 to 75
Schedules 5 and 6
 

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE LORD CLEMENT-JONES

1Insert the following new Clause—
  "Purposes
  The purposes of this Act are, inter alia, to—
(a)  institute reforms relating to the National Health Service (including in health service funding, employment, public and patient involvement, scrutiny, consultation, independent advocacy, intervention powers and regulation, recruitment and discipline of general practitioners and dentists),
(b)  provide authority for local pharmaceutical services' pilot schemes,
(c)  extend prescribing rights,
(d)  introduce provisions relating to Care Trusts and partnership arrangements,
(e)  introduce free personal care (including nursing care) after an assessment of need for those in receipt of community care services, and
(f)  introduce provisions relating to the control of patient information."
 

THE LORD MORRIS OF MANCHESTER
[As an amendment to new Clause (Purposes) Before Clause 1]

2In subsection (e), after "nursing care)" insert "and care by professionals supplementary to medicine"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS GREENGROSS

3Insert the following new Clause—
  "Duty to prevent discrimination
(1)  It shall be the duty of any person or body exercising functions or otherwise providing services under this Act to prevent discrimination against any class of persons receiving services under this Act, including discrimination by reason of age.
(2)  It shall be the duty of any relevant authority and any other body exercising functions under this Act to publish an annual statement of the measures they have taken to prevent discrimination against any class of persons receiving services under this Act, including discrimination by reason of age."
4Insert the following new Clause—
  "Age discrimination
  It shall be unlawful for any person or body providing services under this Act to refuse or delay any treatment or procedure, or to provide inferior care, to any person by reason solely of his age."
 

Clause 1

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

5Page 1, line 12, leave out "(in whatever way he thinks appropriate)"
6Page 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 (5).""
7Page 2, line 7, leave out "(in whatever way he thinks appropriate)"
8Page 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 (6).""
9Page 2, line 14, at end insert—
"(   )  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."
10Page 2, line 19, leave out ",   in whatever way they think appropriate,"
11Page 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)).
    (1C)  Prior to exercising its powers under subsection (1A), 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 (1B), and for other matters taken into account in accordance with subsection (1)(b) or (3).""
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD REA
THE LORD CLEMENT-JONES

12Page 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.""
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

13Page 2, line 31, leave out ",   in whatever way they think appropriate,"
14Page 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 (4).""
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD REA
THE LORD CLEMENT-JONES

15Page 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 of that Act.""
 

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

16Page 3, line 4, after "they" insert "reasonably"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

17Page 3, line 4, leave out from first "objectives" to end of line 9 and insert "set by the Authority as objectives to be met in performing their functions and approved by the Secretary of State, or
(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."
18Page 3, line 8, leave out from "functions" to end of line 9
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

19Page 3, line 9, at end insert—
    "(3CA)  If the Secretary of State considers it appropriate to do so, he may make a payment to the health authority.""
20Page 3, line 9, at end insert—
    "(3CB)  Subject to paragraph 5A(2) of Schedule 3 to the National Health Service and Community Care Act 1990, payments may be made to improve unsatisfactory performance against those criteria set out in paragraph (b) above.""
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

21Page 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 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."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

22Page 3, line 17, at end insert ", at the request of any Health Authority or any trust with the approval of a Health Authority,"
23Page 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

24Page 3, line 29, at end insert—
"(   )  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

25Page 3, line 29, at end insert—
"(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."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

 
continue to next page
 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2001
14 March 2001