Health and Social Care Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 28

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

22Page 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
THE LORD CLEMENT-JONES

23Page 28, line 13, at end insert "and personal medical services under section 28C arrangements"
 

Clause 34

 

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

24Page 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."
25Page 40, line 34, at end insert—
    "(   )  In this section "perform" includes "provide"."
26Page 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.""
27Page 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

28Page 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
THE LORD CLEMENT-JONES

29Insert 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

30Page 48, line 12, leave out "(other than practitioner dispensing services)"
31Page 48, line 14, leave out subsection (9)
 

Clause 39

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

32*Page 49, line 14, at end insert—
"(5)  The review referred to in this section must include a review of—
(a)  the impact of the pilot scheme on patient services;
(b)  the cost effectiveness to the NHS of the pilot scheme; and
(c)  the impact of the pilot scheme on retail competition.
(6)  The relevant authority shall publish a report detailing the conclusions of each review under this section."
 

Clause 41

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

33*Leave out Clause 41
 

Schedule 3

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

34Page 85, line 32, leave out "(other than practitioner dispensing services)"
35Page 85, leave out lines 35 to 39
 

Clause 53

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

36Page 57, line 20, at end insert ", and such designation shall require the Care Trust to exercise any prescribed health-related functions of the local authority to which the application relates in the manner set out in the application"
37Page 58, line 34, at end insert—
"(   )  requiring that the structure and arrangements proposed for delivering services relating to the prescribed health-related functions of the local authority shall ensure that adequate mechanisms are in place to secure proper accountability for these services to the local authority whose functions are delegated under delegated arrangements"
38Page 58, line 34, at end insert—
"(   )  requiring that the membership of the trust board of any Primary Care Trust or NHS trust that is designated as a Care Trust includes an equitable number of local authority representatives selected by the local authority whose functions are delegated under delegated arrangements"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

39Page 58, line 47, at end insert—
  ""
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

40Leave out Clause 53
 

Clause 54

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

41Page 59, line 14, leave out "is not exercising any of its functions adequately" and insert "has failed significantly in the exercise of any of its functions"
42Page 59, line 44, after "may" insert ", after due consultation,"
 

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

43Leave out Clause 54
 

Clause 57

 

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

44Page 62, line 14, leave out "by a registered nurse"
 

THE BARONESS MASHAM OF ILTON
THE LORD CLEMENT-JONES

45Page 62, line 14, at end insert "or any medical, surgical or nursing equipment, or personal aid reasonably required for health care purposes, these being the responsibility of the NHS"
 

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

46Page 62, line 15, leave out subsection (2) and insert—
"(2)  In this section, "nursing care" means any care (including any planning, supervision or delegation of such care) which—
(a)  is planned for a person by a registered nurse after assessing that person's need; and
(b)  is provided, delegated or supervised by a registered nurse."
 

After Clause 60

 

THE BARONESS GREENGROSS
THE LORD CLEMENT-JONES

47Insert the following new Clause—
  "Liability of relatives
(1)  The National Assistance Act 1948 (c. 29) shall be amended as follows.
(2)  Sections 42 (Liability to maintain wife, husband or children) and 43 (Recovery of cost of assistance from persons liable for maintenance) shall cease to have effect.
(3)  In section 48(3) (Duty of councils to provide temporary protection for property of persons admitted to hospital etc) omit the words "or from any person who for the purposes of this Act is liable to maintain him".
(4)  In section 51(1) (Failure to maintain) omit the words "or any person whom he is liable to maintain for the purposes of this Act".
(5)  In section 56(1) (Legal proceedings) omit the words "other than a sum due under an order made under section 43 of this Act".
(6)  In Schedule 6 (Transitional provisions) omit paragraph 19.
(7)  The Public Health (Control of Disease) Act 1984 (c. 22) shall be amended as follows.
(8)  In section 46(5) (Burial and cremation) omit the words "or from any person who for the purposes of the National Assistance Act 1948 was liable to maintain the deceased person immediately before his death".
(9)  The Local Authority Social Services Act 1970 (c. 42) shall be amended as follows.
(10)  In Schedule 1 (Enactments Conferring Functions Assigned to Social Services committees) for the words "Sections 43 to 45 in column 1" substitute "Section 45"."
 

Clause 62

 

THE BARONESS GREENGROSS
THE LORD CLEMENT-JONES

48Page 65, line 41, leave out from first "persons" to end of line 42
 

Clause 63

 

THE LORD LIPSEY
THE LORD JOFFE

49Page 66, line 45, at end insert ", or
(c)  at the discretion of the authority, on such later date as it may deem appropriate in order to protect a carer or close relative of the resident from homelessness.
(4A)  The Secretary of State shall provide guidance to local authorities as to how they should exercise their discretion under subsection (4)."
 

Clause 64

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

50*Page 67, line 37, at end insert—
"(3)  Regulations under this section may not treat any person differently from any other person by virtue of his place of birth or his place of residence prior to the time when he became subject to arrangements made under section 21 of the 1948 Act."
 

Clause 68

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

51Page 70, line 41, leave out subsections (1) and (2)
52*Page 71, line 1, at beginning insert "identifiable"
53*Page 71, line 21, at end insert—
"(   )  Regulations made under subsection (1) may not prohibit or restrict the processing of patient information which is not identifiable patient information."
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

54Page 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."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

55Page 72, leave out lines 34 and 35 and insert—
"(   )  Patient information shall not include data which is put into an anonymised form by a pharmacist or general practitioner."
56Page 72, line 34, leave out "whether" and insert "where"
57Page 72, line 35, leave out "or not" and insert ", and patient information shall not be taken to include anonymised data"
58Leave out Clause 68

 
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23 April 2001