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Amendments to the Health and Social Care Bill

Health and Social Care Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 2, line 28, 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 1977 Act, or providing personal medical services under section 28C of that Act.""
Page 2, line 42, 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.""
 

Clause 23

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 19, line 29, after "consultation" insert ", including consultation with the local medical committee for its area,"
 

Clause 25

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 19, line 41, leave out from "services)" to end of line 2 on page 20 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""
 

Clause 26

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 20, line 43, leave out from "provider"" to end of line 45 and insert "means a person or persons who provide deputies to doctors and includes a body which—
(a)  consists only of—
(i)  doctors whose names are included in the list, the supplementary list or the services list of a Health Authority, and who arrange to act as deputies to each other, or
(ii)  pilot doctors and doctors whose names are included in the list of a Health Authority who co-operate in such a way that one doctor will cover for another to secure the performance of personal medical services or, as the case may be, the provision of general medical services for their patients; and
(b)  keeps separate accounts in relation to such arrangements"
 

Clause 28

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 25, line 40, 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, or 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 31

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 28, line 13, at end insert "and personal medical services under section 28C arrangements"
 

Clause 34

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 39, line 36, 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."
Page 40, line 34, at end insert—
    "(   )  In this section "perform" includes "provide"."
Page 42, line 40, 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 with such organisations as he may recognise as representing persons with whom arrangements for the provision of personal medical or dental services may be made.""
Page 42, line 40, 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.""
 

Clause 35

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 44, line 25, leave out from "services" to end of line 27 and insert—
"(aa)  medical practitioner performing personal medical services under section 28C arrangements;"
 

After Clause 35

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Insert 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 manner as that body determines at the time the advice is given."
 

Clause 36

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 48, line 12, leave out "(other than practitioner dispensing services)"
Page 48, line 14, leave out subsection (9)
 

Schedule 3

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 85, line 32, leave out "(other than practitioner dispensing services)"
Page 85, leave out lines 35 to 39
 

Clause 53

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Leave out Clause 53
 

Clause 68

 

THE BARONESS NORTHOVER
THE BARONESS BARKER

Page 72, line 25, leave out subsection (9) and insert—
"(9)  There shall be a committee to be known as the Disclosure of Patient Information Advisory Committee (and referred to in this section as "the Committee") to give advice and assistance to the Secretary of State in connection with the discharge of his function under this section.
(9A)  Schedule (Disclosure of Patient Information Advisory Committee) to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.
(9B)  Where the Secretary of State proposes to make regulations pursuant to this section or is considering existing regulations in accordance with subsection (6)(a), he shall refer to the Committee the proposals (in the form of draft regulations or otherwise) or, in the case of his carrying out his function pursuant to subsection (6)(a), any proposed revocation of, or changes to, existing regulations, and at the same time he shall furnish the Committee with such information as it may reasonably require for the proper discharge of its function pursuant to subsection (9C) below.
(9C)  That Committee shall consider any matters referred to it by the Secretary of State under subsection (9B) above, and shall make a report to the Secretary of State containing such recommendations with regard to the subject matter of the proposals as the Committee thinks appropriate.
(9D)  If after receiving a report of the Committee, the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whole or any part of the subject matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—
(a)  the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and
(b)  in so far as effect has not been given to them, his reasons why not.
(9E)  In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (9D) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.
(9F)  Nothing in this section shall require any proposals in respect of regulations to be referred to the Committee if—
(a)  it appears to the Secretary of State that by reason of urgency of the matter it is inexpedient so to refer them; or
(b)  the Committee has agreed that they shall not be so referred.
(9G)  Where by virtue only of subsection (9F)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the Committee agrees that this subsection shall not apply, he shall refer the regulations to the Committee as soon as practicable after making them.
(9H)  Where the Secretary of State has referred proposals to the Committee, he may make the proposed regulations before the Committee has made its report only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.
(9I)  Where regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—
(a)  of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and
(b)  in so far as he does not propose to give effect to them, of his reasons why not."
 

Before Schedule 5

 

THE BARONESS NORTHOVER
THE BARONESS BARKER

Insert the following new Schedule—
 

"SCHEDULE

 

DISCLOSURE OF PATIENT INFORMATION ADVISORY COMMITTEE

 1      The Committee shall consist of a chairman appointed by the Secretary of State and not less than 10 nor more than 13 other members so appointed.
 2   (1)   Each member of the Committee shall be appointed to hold office for such period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.
    (2)   The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member's term of office; but no one extension shall be for a period of more than 5 years, nor less than 3 years, as the Secretary of State shall determine.
    (3)   Any member—
(a)  shall be eligible for re-appointment from time to time on or after the expiration of his term of office;
(b)  may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment.
 3      Of the members of the Committee (other than the chairman) there shall be appointed—
(a)  one after consultation with the General Medical Council;
(b)  one after consultation with the British Medical Association;
(c)  one after consultation with the Medical Research Council;
(d)  one after consultation with the Public Health Laboratory Service;
(e)  one after consultation with a national group representing patients;
       and the Committee shall include at least one person with experience of health services research, and at least one person with experience of NHS management.
 4      The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.
 5      The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances as the Secretary of State may with the consent of the Treasury determine.
 6      The expenses of the Committee to such an amount as may be approved by the Treasury shall be paid by the Secretary of State.
 7      There may be paid as part of the expenses of the Committee—
(a)  such salaries or other remuneration and travelling and other allowances to all or any of the members of the Committee; and
(b)  such travelling and other allowances (including compensation for loss of remunerative time) to persons attending its meetings at the request of the Committee.
       as the Secretary of State may with the consent of the Treasury determine.
 8   (1)   The Secretary of State may pay, or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Treasury.
    (2)   Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation, the Secretary of State may determine with the consent of the Treasury.
 9      The Committee may act notwithstanding any vacancy among the members.
 10      The Committee may make rules for regulating its procedure (including the quorum of the Committee)."

 
 
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©Parliamentary copyright 2001
6 April 2001