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

House of Lords

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Clause 34

 

THE LORD HUNT OF KINGS HEATH

214Page 39, line 37, leave out "facilities and persons" and insert "the services of persons employed by a Special Health Authority and"
215Page 39, line 38, leave out "to facilities and persons" and insert "in relation to the services of officers of Special Health Authorities to be"
216Page 39, line 39, at end insert—
"(   )  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."
217Page 40, line 16, at end insert "on terms to be determined by him"
218Page 40, line 19, leave out "The terms of appointment of the other members, and"
219Page 40, line 20, leave out "they" and insert "the other members"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

220Page 40, line 32, leave out from "services" to end of line 34 and insert—
"(aa)  medical practitioner performing personal medical services under section 28C arrangements;"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

221Page 41, line 6, at end insert—
  "such number being equivalent to at least fify percent of the total membership of the FHSAA"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

222Page 42, leave out lines 7 and 8 and insert—
"14  Each year, the FHSAA shall publish an annual report which shall contain in anonymised form details of the determinations made by it."
 

THE LORD HUNT OF KINGS HEATH

223Page 42, line 29, after "in" insert "or by virtue of"
224Page 42, line 30, at end insert—
"(   )  for a period which must elapse before an application, or a further application, may be made under section 49M(5)(a) above;"
 

After Clause 34

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD REA

225Insert the following new Clause—
  "Medical Practice Advisory Body
(1)  There shall be a body to be known as the Medical Practice Advisory Body.
(2)  The Secretary of State may make regulations for the membership, constitution and operation of the Medical Practice Advisory Body.
(3)  The function of the Medical Practice Advisory Body shall be to advise the Secretary of State on the maintenance of an adequate distribution throughout England and Wales of medical practitioners providing general medical services under section 10 of the 1977 Act or providing personal medical services under section 28C of that Act.
(4)  Any advice given to the Secretary of State by the Medical Practice Advisory Body shall be published in such a manner as that body determines at the time the advice is given."
 

Clause 35

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

226Page 44, line 26, leave out "(other than practitioner dispensing services)"
227Page 44, line 28, leave out subsection (9)
 

Clause 38

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

228Page 45, line 21, at end insert "and
(c)  any provider of pharmaceutical services locally,"
 

Clause 48

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

229Page 49, line 17, at end insert—
"(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 50

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill.
 

Clause 68

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

230Page 71, line 17, at end insert—
"(9)  Before making any order under this section, the Secretary of State shall, after a period of three months beginning with the publication of the draft—
(a)  consult persons appearing to him appropriate to consult as representing the professions listed in subsection (3)(1A)(a) to (h), and
(b)  publish a report detailing the results of such consultations and advice given by the relevant Committee of the Medicines Control Agency,
  and may lay the draft as published, or with any modifications he considers appropriate, before both Houses of Parliament."
 

Clause 52

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

231Page 53, line 22, leave out subsection (1) and insert—
"(1)  Where—
(a)  one or more Primary Care Trusts, NHS trusts or local authorities are, or are to be, party to any existing or proposed delegation arrangements, and
(b)  the relevant authority is of the opinion that the establishment of a new body would be likely to promote the proper integration of prescribed health-related functions of a local authority in conjunction with prescribed NHS functions of a Primary Care Trust or NHS trust (in accordance with the arrangements),
  the relevant authority may establish a Care Trust."
232*Page 53, line 24, after "arrangements" insert "or a local authority is, or is to be, a party to any existing or proposed NHS delegation arrangements"
233*Page 53, line 25, after "authority" insert ", after consultation with other expert health and social services bodies,"
234*Page 53, line 25, after "trust" insert "or local authority"
 

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

235Page 53, line 30, after "may" insert "subject to due consultation"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

236Page 53, line 30, at end insert—
"(   )  All trusts designated under subsection (1)(b) above shall be known as `Community Care Trusts'."
237Page 53, line 32, leave out from "made" to end and insert—
"(a)  after consultation with all statutory patient representative bodies in existence at the time the application is made,
(b)  where a report on the consultation undertaken in accordance with paragraph (a) above accompanies the application and the designated authority is satisfied that the consulted bodies concur with the application, and
(c)  where the application is made jointly by every prescribed body."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

238Page 53, line 32, at end insert "which application shall include details of the outcome of the consultation process regarding the application with those organisations representing health and social services users, with those who are users of either health or social services, with those who are users of either health or social services in that area, and with representatives of the local community"
 

THE LORD SMITH OF LEIGH

239Page 53, line 32, at end insert—
"(   )  Regulations issued about governance arrangements for Care Trusts shall reflect their partnership nature, as between health bodies and local authorities."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

240Page 54, line 1, leave out "such" and insert "due"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

241Page 54, line 1, leave out from "consultation as the authority considers appropriate" and insert "due consultation;"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

242Page 54, line 1, leave out "as the authority considers appropriate"
243Page 54, line 8, at end insert—
"(   )  If following receipt of an application to revoke a designation made by a local authority which is party to the LA delegation arrangements, the relevant authority—
(a)  refuses the application, and the local authority has within two years of the date of its application renewed the application; or
(b)  otherwise fails to revoke the designation,
  the relevant authority shall on the expiry of two years from the date of the original application revoke the designation."
244*Page 54, line 30, after "satisfied" insert ", and
    (iii)  that the outcome of the consultation process regarding a proposed application with those statutory and voluntary organisations representing health and social services users and carers, and with those who are users or carers of health and social services (or both) in that area, and with representatives of the local community,"
 

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

245Page 54, line 45, at end insert—
"(   )  requiring that the governance arrangements, including representation of local authorities on the Care Trust, and the structure and arrangements proposed for delivering services relating to all the functions of the trust and in particular the prescribed health related functions of the local authority, will ensure the proper integration of the functions of the prescribed bodies"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

246Page 54, line 45, at end insert—
"(e)  prescribing that the chair of a Care Trust shall be jointly appointed by the Secretary of State and relevant local authority;
(f)  requiring that the membership of the Trust Board and Executive Committee of any Primary Care Trust or NHS trust that is designated as a Care Trust includes an equal number of representatives appointed by the local authority whose functions are delegated under delegated arrangements;
(g)  requiring that membership of the Trust Board includes representatives from the statutory and voluntary organisations representing users and carers"
247*Page 54, line 45, at end insert—
"(   )  In making the regulations the Secretary of State shall ensure that 50 per cent of the appointments to the board are representatives from the local authority;"
248*Page 54, line 45, at end insert—
"(   )  For the purposes of this section, in making the regulations, the Secretary of State shall consult the local community, the local authority, the Patients' Forum and representatives of the workforce."
 

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

249Page 55, line 10, at end insert—
  ""due consultation" means consultation conducted in accordance with regulations;"
 

Clause 53

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

250Page 55, line 27, leave out "adequately" and insert "to a significant extent"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

251*Page 55, line 33, after "body" insert "and
    (iii)  has consulted with and is supported by the Patients' Forum and other relevant and statutory bodies in the relevant area,"
252Page 55, line 34, at beginning insert "and has consulted, and is supported by, the Patients' Council and other relevant statutory and voluntary bodies in the relevant area,"
253Page 55, line 36, at end insert—
"(   )  Regulations shall make provision—
(a)  prescribing the criteria by which an authority will be deemed to have failed in relation to its functions;
(b)  prescribing arrangements for consultation with the failing body and other relevant interests;
(c)  prescribing the circumstances and procedures to ensure that wherever appropriate the failing body has the opportunity to remedy any failure to exercise properly any of the relevant functions;
(d)  providing for a right of appeal to a court by the failing body as to the law or any finding of fact by the relevant authority against the authority's judgement that a local authority has failed in its provision of relevant services."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

254Page 56, line 9, after "may" insert ",   after due consultation,"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

255Page 56, line 9, after "designate" insert "after due consultation"
 

THE LORD HUNT OF KINGS HEATH

256Page 56, line 13, at end insert "within that"
 

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

257Page 56, line 32, at end insert—
"(   )  The Secretary of State shall prescribe by regulations both the bodies to be consulted (which shall include Patients' Councils) and the process of due consultation under section 52 and this section.
(   )  Before making regulations under this section, the Secretary of State shall consult Community Health Councils, Patients' Councils, Patients' Forums, other patients' and carers' organisations and such other organisations as the Secretary of State considers appropriate."
 

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

258Page 56, line 36, at end insert—
  ""due consultation" means consultation conducted in accordance with regulations;"
 

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

The above-named Lords give notice of their intention to oppose the Question that Clause 53 stand part of the Bill.

 
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14 March 2001