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Amendments to the Health and Social Care Bill

Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 17

 

THE EARL HOWE

1*Page 15, line 44, leave out "(Patients' Forums)" and insert "12"
2*Page 16, line 5, leave out "(Patients' Forums)" and insert "12"
 

After Clause 30

 

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

3Insert the following new Clause—
  "Consultation of relevant organisations by Secretary of State
  In section 6 of the National Health Service (Primary Care) Act 1997 (c. 46), after subsection (1) there shall be inserted—
    "(1A)  Before making directions under subsection (1), the Secretary of State must consult such organisations as he may recognise as representing persons providing personal medical or dental services under section 28C arrangements.""
 

Clause 51

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

4*Page 58, line 36, at end insert ", in line with published criteria and following a clear and transparent process"
 

THE LORD HUNT OF KINGS HEATH

5Page 59, line 1, leave out subsections (4) to (7)
6Page 59, leave out lines 40 and 41
 

After Clause 54

 

THE BARONESS MASHAM OF ILTON
THE BARONESS BARKER
THE BARONESS GREENGROSS
THE LORD MORRIS OF MANCHESTER

7Insert the following new Clause—
  "Equipment and supplies for healthcare purposes
(1)  Where a person has been assessed by a National Health Service body, or any other body or suitably qualified person acting under delegation or under contract to a National Health Service body, or as part of a multi-disciplinary assessment as reasonably requiring medical, surgical or nursing equipment or supplies for health care purposes, including that provided by or in a residential or nursing home, it shall be the duty of the Secretary of State to provide such equipment or supplies.
(2)  For the avoidance of doubt, a local authority shall not be prohibited from providing or making the arrangements for equipment or supplies under subsection (1), provided they are delivered under the delegated authority of the NHS within the provisions under section 31 of the Health Act 1999 (c. 8) (delegated NHS functions); and in such cases section 1(2) (services free of charge) of the National Health Service Act 1977 (c. 49) applies.
(3)  Nothing in this section affects the provisions of the National Health Service Act 1977 (c. 49)."
 

After Clause 57

 

THE BARONESS GREENGROSS

8Insert 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 59

 

THE BARONESS GREENGROSS

9Page 65, line 11, leave out from first "persons" to end of line 12
 

Clause 65

 

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

10Page 70, line 13, leave out subsections (1) and (2)
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD REA

11Page 70, line 38, after "purposes" insert "when it is not reasonably practicable to obtain valid consent and"
 

THE LORD HUNT OF KINGS HEATH

12Page 71, line 46, at end insert ", to such extent as he considers appropriate in the light of the requirements of section (Patient Information Advisory Group),"
 

After Clause 65

 

THE LORD HUNT OF KINGS HEATH

13Insert the following new Clause—
  "Patient Information Advisory Group
(1)  For the purposes of subsections (2) and (3), the Secretary of State shall, as soon as reasonably practicable after the passing of this Act, by regulations establish a committee to be known as the Patient Information Advisory Group ("the Advisory Group").
(2)  Before laying before Parliament a draft of any statutory instrument containing regulations under section 65(3), or making any regulations pursuant to section 65(6)(b), the Secretary of State shall seek and have regard to the views of the Advisory Group on the proposed regulations.
(3)  The Secretary of State may seek the views of the Advisory Group on such other matters connected with the processing of patient information or of any information (other than patient information) obtained or generated in the course of the provision of the health service as he considers appropriate.
(4)  Regulations under subsection (1) may, in particular, make provision as to—
(a)  the persons or bodies who are to be represented by members of the Advisory Group,
(b)  the terms of appointment of members,
(c)  the proceedings of the Advisory Group, and
(d)  the payment by the Secretary of State of—
(i)  such expenses incurred by the Advisory Group, and
(ii)  such allowances in respect of expenses incurred by members of the Advisory Group,
  as he may determine.
(5)  The Secretary of State shall publish, in such manner as he considers appropriate, any views which he receives from the Advisory Group pursuant to subsection (2).
(6)  In this section "the health service", "patient information" and "processing" have the same meaning as they have for the purposes of section 65."
 

THE BARONESS NORTHOVER
THE BARONESS BARKER
[Amendments 14 to 17 are amendments to amendment 13]

14*Line 5, after "committee" insert "after consultation with relevant organisations"
15*Line 10, after "to" insert "and publish, together with his opinion thereon,"
16*Line 25, leave out ", in such manner as he considers appropriate,"
17*Line 27, at end insert "and his opinion thereon"
 

Clause 68

 

THE EARL HOWE

18*Page 75, line 10, leave out from first "of" to "regulations" in line 11
 

Clause 74

 

THE LORD HUNT OF KINGS HEATH

19Page 77, line 25, after "(13)," insert "(Patient Information Advisory Group),"
20Page 77, line 25, after "section," insert—
"(   )  Part 3 of Schedule 5,"
 

Schedule 5

 

THE LORD EARL HOWE

21*Page 95, leave out lines 3 and 4
 

THE LORD HUNT OF KINGS HEATH

22Page 95, line 38, at end insert—
 

"PART 3

 

PATIENT INFORMATION

 

House of Commons Disqualification Act 1975 (c. 24)

 17      In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), at the appropriate place insert—
  "The Patient Information Advisory Group".
 

Freedom of Information Act 2000 (c. 36)

 18      In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public authorities for the purposes of the Act), at the appropriate place insert—
  "The Patient Information Advisory Group"."

 
 
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©Parliamentary copyright 2001
3 May 2001