Health and Social Care (Community Health and Standards) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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After Clause 185

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

472Insert the following new Clause—
  "Incapacity benefit: work and earnings as a member of a NHS body to be disregarded
(1)  The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows.
(2)  After section 30E of the Act there is inserted—
    "30FRemuneration and allowances for disability benefits
      Any remuneration or allowances paid to a person in respect of work mentioned in section 171H shall be disregarded for the purposes of calculating the amount of any incapacity benefit or severe disablement allowance to which a person is entitled."
(3)  After section 171G of the Act there is inserted—
    "171HExemption for public appointments
      In determining whether a person is capable or incapable of work, there shall be disregarded any work which that person undertakes or has undertaken as—
    (a)  a member of a Strategic Health Authority who is not an officer of the Authority;
    (b)  a member of a Special Health Authority who is not an officer of the Authority;
    (c)  a non-executive director of a National Health Service trust board;
    (d)  a non-executive director of an NHS foundation trust;
    (e)  a member of a Primary Care Trust or Care Trust who is not an officer of the trust;
    (f)  a member of a Local Health Board in Wales who is not an officer of the Board; or
    (g)  a member of a Health Board, Special Health Board or NHS trust in Scotland.""
473Insert the following new Clause—
  "Discrimination against disabled office-holders in NHS organisations
(1)  Section 4C of the Disability Discrimination Act 1995 (c. 50) is amended as follows.
(2)  In subsection (3)(b) after "a government department" insert "the board of governors of an NHS foundation trust, a Special Health Authority"."
 

Clause 191

 

THE EARL HOWE
THE BARONESS NOAKES

474Page 105, line 10, at end insert—
"(   )  The Secretary of State shall have a duty to consult the Scottish Parliament or the Assembly before making any regulations under this Act which have an impact on the provision of healthcare by NHS bodies which serve patients both in England and in Scotland or, as the case may be, in Wales."
 

THE EARL HOWE
THE LORD SKELMERSDALE

475Page 105, line 16, leave out "an order under section 194)" and insert "regulations under sections 146, 149, 153, 156 or 158 to 161)"
 

THE LORD WARNER

475APage 105, line 16, after "section" insert "22, 25(3), 28 or"
 

THE EARL HOWE
THE BARONESS NOAKES

476Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of section 177 may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE EARL HOWE
THE LORD SKELMERSDALE

477Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of Part 3 may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 194

 

THE LORD WARNER

477APage 106, line 10, after "115," insert "section 143 and"
 

Clause 196

 

THE EARL HOWE
THE BARONESS NOAKES

478Page 107, line 9, at end insert—
"(   )  No order may be made under this section unless a draft of the order has been laid before and approved by both Houses of Parliament."
 The above-named Lords give notice of their intention to oppose the Question that Clause 196 stand part of the Bill.

 
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10 October 2003