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

House of Lords

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Clause 24

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

161Page 18, line 16, leave out from "services)," to end of line 18 and insert "in subsection (4), for the words "not, except in special circumstances," there is substituted "have regard to the quality and outcome of the services provided and shall not ordinarily""
162Page 18, line 18, leave out "cease to have effect" and insert "be substituted with—
    "(4)  The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall, at least in part, be dependant upon the quality and outcome of the services provided and shall not ordinarily consist wholly or mainly of a fixed salary.""
 

Clause 27

 

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

163Page 24, line 5, at end insert—
    "(2BC)  Regulations made by virtue of subsection (2BA) shall not have effect unless the Secretary of State has consulted any person appearing to him appropriate to consult as representing the profession subject to the regulation.""
 

Clause 28

 

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

164Page 24, line 28, at end insert ", or
(c)  preventing local variability in criteria for inclusion in the lists"
 

THE LORD HUNT OF KINGS HEATH

165Page 24, line 36, at end insert—
"(   )  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)."
166Page 24, line 37, leave out "do so provide" and insert "provide as mentioned in subsection (1)"
167Page 24, line 42, at end insert—
"(ca)  on any review of an earlier such decision of theirs,"
168Page 25, line 2, at end insert ", and must so provide in relation to a decision referred to in subsection (4)(d)"
169Page 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

170Page 25, line 12, after "practitioner" insert "who"
 

Clause 30

 

THE LORD HUNT OF KINGS HEATH

171*Page 25, line 43, leave out from "about" to end of line and insert—
"(a)  financial interests;
(b)  gifts above a prescribed value; and
(c)  other benefits received."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

172Page 25, line 43, after "gifts" insert "above a specified value"
173Page 25, line 43, at end insert "or to be received, including any bequests in favour of the practitioner by patients"
174Page 26, line 3, at end insert "or personal medical services"
 

THE LORD REA

175Page 26, line 3, at end insert "or personal medical services under section 28C arrangements"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

176Page 26, line 5, at end insert—
    "(1AA)  Any regulations made under subsection (1A) above which specify a value above which gifts must be declared, shall specify such value by reference to the limits from time to time set by the Ministerial Code for such declarations by Ministers of the Crown."
 

THE LORD HUNT OF KINGS HEATH

177*Page 26, line 7, leave out from "about" to end of line and insert—
"(a)  financial interests;
(b)  gifts above a prescribed value; and
(c)  other benefits received."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

178Page 26, line 7, at end insert "or to be received, including any bequests in favour of the practitioner by patients"
 

THE LORD HUNT OF KINGS HEATH

179*Page 26, line 15, leave out from "about" to end of line and insert—
"(a)  financial interests;
(b)  gifts above a prescribed value; and
(c)  other benefits received."
180*Page 26, line 22, leave out from "about" to ", and" in line 23 and insert—
    "(i)  financial interests;
    (ii)  gifts above a prescribed value; and
    (iii)  other benefits received.""
 

Clause 31

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

181Page 26, line 35, after "services," insert "personal medical services,"
182Page 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."
 

THE LORD HUNT OF KINGS HEATH

183Page 27, line 40, at end insert—
"(   )  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."
184Page 27, line 43, at end insert—
"(   )  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

185Page 28, line 28, at end insert—
    "(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

186Page 28, line 45, at end insert—
"(   )  a supplementary list, or
(   )  a services list,"
 

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

187*Page 29, line 19, 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."
 

THE LORD HUNT OF KINGS HEATH

188Page 31, line 35, leave out from beginning to end of line 40 and insert—
"(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."
189Page 32, line 6, leave out "or" and insert "under subsection (5) or (6) or, if later,"
190Page 32, line 26, after "FHSAA" insert ", or a suspension imposed under section 49J above"
191Page 33, line 5, after "49G(3)" insert "or under subsection (5)(b) of this section"
192Page 33, line 17, after "contingently," insert—
"(a)"  
193Page 33, line 20, at end insert "and
(b)  the Health Authority may remove him from their list if they determine that he has failed to comply with a condition."
194Page 33, line 36, leave out from "lists" to "prepared" in line 37
195Page 33, line 39, leave out "of individuals of the practitioner's description"
196Page 34, line 11, after "(1)" insert "(a) to (c)"
197Page 34, line 18, leave out "referred to in subsection (1)" and insert "from which he has been disqualified from inclusion"
198Page 34, line 24, leave out "Except in prescribed circumstances" and insert "Subject to subsection (9)"
199Page 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."
200Page 34, line 42, after "49F" insert "or 49G,"
201Page 35, line 20, leave out "corresponding to a practitioner"
202Page 35, line 21, leave out "practitioner" and insert "person"
 

Clause 33

 

THE LORD HUNT OF KINGS HEATH

203Page 36, line 49, at end insert—
"(   )  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."
204Page 37, line 11, at end insert—
"(   )  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

205Page 37, line 11, at end insert—
"(7)  Before making regulations by virtue of this section, the Secretary of State shall consult such organisations as he thinks fit and as appear to him to represent medical practitioners providing general medical services or dental practitioners providing general dental services."
206Page 37, line 23, at end insert—
      "(   )   In this section "perform" includes "provide"."
 

THE LORD REA
THE EARL HOWE

207Page 37, line 23, at end insert—
"(   )  After section 6(1) of the National Health Service (Primary Care) Act 1997 (making of pilot schemes) there shall be inserted—
    "(1A)  The Secretary of State shall, in making directions applicable throughout England regarding the implementation of proposals for pilot schemes, consult such organisations as he may recognise as representing persons with whom arrangements for the provision of personal medical or dental services may be made.""
 

THE LORD REA

208Page 38, line 29, at end insert—
"(   )  Before making regulations by virtue of section 28DA, the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing personal medical or dental services under section 28C arrangements."
 

THE LORD HUNT OF KINGS HEATH

209Page 38, line 38, at end insert—
"(   )  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 of the 1977 Act."
210Page 38, line 49, at end insert—
"(   )  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

211Page 39, line 5, at end insert—
    "(   )  Before making regulations by virtue of this section, the Secretary of State shall consult such organisations as he thinks fit and as appear to him to represent medical practitioners providing general medical services or dental practitioners providing general dental services."
212Page 39, line 12, at end insert—
    "(   )  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.""
 

THE LORD REA
THE EARL HOWE

213Page 39, line 14, at end insert—
"(   )  After section 28G of the 1977 Act there shall be inserted—
  "28H Consultations with representative organisations
  In the exercise of his functions applicable throughout England under sections 28C, 28D, 28E and 28F, the Secretary of State shall consult such organisations as he may recognise as representing persons with whom section 28C arrangements may be made.""

 
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©Parliamentary copyright 2001
14 March 2001