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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Clause 144

409[Withdrawn]
 

Before Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

409AInsert the following new Clause—
  "Regulations under Part 3
  No regulations may be made under this Part unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

410Page 64, line 18, after "person" insert "otherwise than during or as a consequence of NHS treatment"
 

THE LORD HUNT OF WIRRAL

410A*Page 64, line 18, after "person" insert "as the result of an accident"
 

THE BARONESS FINLAY OF LLANDAFF
THE LORD CLEMENT-JONES
THE BARONESS BARKER

411Page 64, line 28, at end insert—
"(   )  This section does not apply in cases of clinical negligence."
 

THE EARL HOWE
THE LORD SKELMERSDALE

412Page 65, line 4, at end insert "or an ex gratia payment"
413Page 65, line 10, at end insert—
"(   )  Subsection (1) does not apply if the person making the payment is a not-for-profit organisation, charitable organisation or private sports club."
 

THE LORD SKELMERSDALE
THE EARL HOWE

414Page 65, line 12, leave out subsection (6)
415Page 65, line 13, after "disease" insert "consequent upon injury"
 

THE EARL HOWE
THE LORD SKELMERSDALE

416Page 65, line 19, after second "treatment" insert "carried out within 12 months of the injury for which compensation has been paid"
417[Withdrawn]
 

THE LORD HUNT OF WIRRAL

417A*Page 66, line 10, after "injury" insert "sustained as the result of an accident"
 

Schedule 10

 

THE LORD HUNT OF WIRRAL

417B*Page 146, line 19, at end insert—
  "Any payment made direct to a provider of treatment, whether that provider is a health service hospital or other organisation or individual providing treatment."
 

Before Clause 147

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

418Insert the following new Clause—
  "Insurance
  Where compensation has been paid through an insurance policy, subject to paragraph 4 of Schedule 10, the insurer will not be liable for payment of NHS costs providing that he has provided the Compensation Recovery Unit with the name and address of the insured."
 

Clause 147

 

THE LORD SKELMERSDALE
THE EARL HOWE

419Page 66, line 17, leave out "may" and insert "must"
 

THE EARL HOWE
THE LORD SKELMERSDALE

420Page 66, line 40, leave out subsection (7)
 

Clause 148

 

THE LORD SKELMERSDALE
THE EARL HOWE

421Page 67, line 26, leave out subsection (2)
 

Clause 149

 

THE EARL HOWE
THE LORD SKELMERSDALE

422Page 68, line 17, at end insert—
"(   )  A certificate must specify the rights of the person to whom it is issued to have the certificate reviewed under section 152 or to appeal under sections 153 to 155."
423[Withdrawn]
 

THE LORD HUNT OF WIRRAL

423A*Page 68, line 31, leave out from "which" to end of line 32 and insert "the parties to an action either commenced or contemplated before a court in England and Wales or Northern Ireland have reached an agreement in writing"
423B*Page 70, line 5, at end insert—
"(   )  Regulations may provide that where—
(a)  a person has made one or more payments to the Secretary of State under section 146, and
(b)  in consequence of a review or appeal, it appears that the amount paid is more than the amount that ought to have been paid,
  the difference must be repaid by such person or persons as may be described."
 

THE LORD HUNT OF WIRRAL

423C*Page 70, line 16, at end insert—
"(   )  Before making any regulations under subsection (2), the Secretary of State shall consult with such persons as he thinks appropriate."
 

Clause 150

 

THE EARL HOWE
THE LORD SKELMERSDALE

424Page 70, line 24, leave out "14" and insert "30"
 

THE EARL HOWE
THE LORD SKELMERSDALE

425[Withdrawn]
426[Withdrawn]
427[Withdrawn]
428[Withdrawn]
429[Withdrawn]
430[Withdrawn]
 

THE LORD HUNT OF WIRRAL

430A*Page 70, line 26, after second "the" insert "final"
 

Clause 152

 

THE LORD HUNT OF WIRRAL

430B*Page 72, line 9, leave out from "which" to "which" in line 11 and insert "the parties to an action either commenced or contemplated before a court in England and Wales or Northern Ireland have reached an agreement in writing"
430C*Page 73, line 11, at end insert—
"(   )  But the Secretary of State may not vary a certificate so as to increase the total amount specified unless it appears to him that that variation is required as a result of his having been supplied with incorrect or insufficient information by the applicant for the certificate."
 

Clause 158

 

THE LORD HUNT OF WIRRAL

430D*Page 78, line 20, at end insert "as the result of accidents to which section 146 applies"
 

Clause 160

 

THE LORD HUNT OF WIRRAL

 The Lord Hunt of Wirral gives notice of his intention to oppose the Question that Clause 160 stand part of the Bill.
 

Clause 166

 

THE LORD COLWYN

430EPage 81, line 21, at end insert—
"(   )  Each Primary Care Trust and Local Health Board will publish a statement of what constitutes a reasonable level of service in its area."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

431Page 81, line 22, leave out from "must" to "exercise" in line 23
 

THE EARL HOWE
THE BARONESS NOAKES

432Page 81, line 24, leave out "primary" and insert "and promote the development of primary NHS"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

433Page 81, line 24, after "area" insert "on the basis of adequate and secure funding"
434Page 81, line 25, at end insert "in accordance with identified local need"
 

THE EARL HOWE
THE BARONESS NOAKES

434APage 81, line 25, at end insert—
"(   )  Each Primary Care Trust and Local Health Board must publish an annual statement of what constitutes a reasonable level of service in its area."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

435Page 81, line 28, at end insert "and will ensure that provision that is currently available under the existing system, including the care of those with special needs, and services such as orthodontics and oral surgery will be secured"
436Page 81, line 31, at end insert "including—
(a)  details of all NHS dental provision in the area;
(b)  details of overall available provision in the area;
(c)  details of the complaints procedure."
 

Clause 167

 

THE EARL HOWE
THE BARONESS NOAKES

437Page 82, line 5, at end insert "provided that these functions include school screening as well as oral health promotion and local oral health surveys to help plan services"
438Page 82, line 7, at end insert "provided that these functions include school screening as well as oral health promotion and local oral health surveys to help plan services"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

439Page 82, line 7, at end insert—
"(   )  A general dental services contract must require the contractor or contractors to provide for this or their patients—
(a)  information about treatment charges;
(b)  access to dental records;
(c)  alternative local provision and the complaints procedure; and
(d)  other such information as may be determined."
 

THE LORD COLWYN

439APage 82, line 7, at end insert—
"(   )  A Primary Care Trust will include a qualified dentist on any professional executive committee or equivalent committee, and secure consultant level dental public health advice, to secure the discharge of its functions in relation to dental public health.
(   )  A Local Health Board will include a qualified dentist on any professional executive committee or equivalent committee, and secure consultant level dental public health advice, to secure the discharge of its functions in relation to dental public health."
 

THE EARL HOWE
THE BARONESS NOAKES

440Page 82, line 23, at end insert—
"(   )  Regulations made in respect of the matters set out in this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.""
 

Clause 168

 

THE EARL HOWE
THE BARONESS NOAKES

441Page 82, line 40, after "contract," insert—
"(   )  the requirement for the contractor to collect charges for dental services under section 79 of the 1977 Act, to pay them to the Primary Care Trust or Local Health Board and to comply with financial control requirements regarding charges for dental services as specified by the Primary Care Trust or Local Health Board,"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

441APage 83, line 7, at end insert—
"(   )  A general dental services contract must require the contractor or contractors to provide, for his or their patients—
(a)  information about treatment charges,
(b)  access to dental records,
(c)  alternative local provision and the complaints procedure, and
(d)  other such information as may be determined."
 

THE LORD WARNER

441B*Page 83, line 23, leave out "or section 17C employee" and insert "employee, section 17C employee or Article 15B employee"
441C*Page 83, line 26, leave out from "individual" to end of line 31 and insert "falling within section 28D(1)(bc) above"
441D*Page 83, line 44, leave out "and section 17C employee" and insert ", "section 17C employee" and "Article 15B employee""
 

THE EARL HOWE
THE BARONESS NOAKES

442Page 84, leave out lines 1 to 40
443Page 85, leave out lines 15 to 17
 

Clause 169

 

THE LORD COLWYN

443APage 86, line 26, at end insert—
"(   )  A contractor or an employee of a contractor will be entitled to existing pension arrangements that were available to her or him at the time of enactment."

 
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©Parliamentary copyright 2003
15 October 2003