House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Health and Social Care Bill

Health and Social Care Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 4th April 2001, as follows—

Schedule 3
Clauses 49 to 52
Clause 70
Clauses 53 to 56
Schedule 4
Clauses 57 to 69
Clauses 71 to 77
Schedules 5 and 6

[Amendments marked * are new or have been altered]

Amendment
No.

 

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"
39[Withdrawn]
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,"
42A*Page 60, line 24, at end insert—
  ""
 

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
THE BARONESS GREENGROSS

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

50Page 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
THE LORD JENKIN OF RODING

51Page 70, line 41, leave out subsections (1) and (2)
52Page 71, line 1, at beginning insert "identifiable"
53Page 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."
54APage 72, line 27, at end insert "and shall satisfy himself that the effect of the regulations would not inhibit research for medical purposes or the publication and dissemination of the results of such research"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD JENKIN OF RODING

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"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

58Leave out Clause 68
 

Before Schedule 5

 

THE BARONESS NORTHOVER
THE BARONESS BARKER

59Insert 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)."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2001
25 April 2001