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 170

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

444Page 86, leave out lines 39 to 41
 

THE EARL HOWE
THE BARONESS NOAKES

445Page 87, line 9, at end insert—
"(   )  Regulations under subsection (5) 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 171

 

THE EARL HOWE
THE BARONESS NOAKES

446Page 87, line 37, at end insert—
"(   )  Regulations under subsection (1) shall reflect the principle of patient choice."
447Page 87, line 39, at end insert—
"(   )  Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

THE LORD WARNER

447A*Page 88, line 15, leave out "or a section 17C employee" and insert ", section 17C employee or Article 15B employee"
447B*Page 88, line 18, leave out from "individual" to end of line 23 and insert "falling within section 28D(1)(bc) above"
447C*Page 88, line 36, leave out "and "section 17C employee"" and insert ", "section 17C employee" and "Article 15B employee""
 

THE EARL HOWE
THE BARONESS NOAKES

448Page 88, line 44, leave out from beginning to end of line 14 on page 89
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

449Page 89, line 21, at end insert—
"(   )  No direction issued under subsection (1) shall involve payment based on rewarding contractors for reaching a target number or target proportion of treatments given."
 

THE LORD WARNER

449A*Page 89, line 30, at end insert—
"28TAGMS contracts: prescription of drugs etc
(1)  A general medical services contract must contain provision requiring the contractor or contractors to comply with any directions given by the appropriate authority for the purposes of this section as to the drugs, medicines or other substances which may or may not be ordered for patients in the provision of medical services under the contract.
(2)  A direction under this section must, subject to subsection (3), be given by regulations.
(3)  A direction under this section may be given by an instrument in writing where it gives effect to a request made in writing to the authority making the direction by a person who is a holder of a Community marketing authorization or United Kingdom marketing authorisation in respect of the drug, medicine or other substance to which the request relates.
(4)  A direction under this section given by an instrument in writing may be varied or revoked by a further direction under this section (whether given by an instrument in writing or by regulations).
(5)  In this section—
 "appropriate authority" has the same meaning as in section 28T above;
 "Community marketing authorization" and "United Kingdom marketing authorisation" have the meanings given by regulation 1 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/3144)."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

450Page 90, line 3, after "(2)(c)" insert "and (2)(i)"
 

THE EARL HOWE
THE BARONESS NOAKES

451Page 90, line 3, leave out "may" and insert "must"
452Page 90, line 4, after "circumstances" insert "and manner"
453Page 90, line 8, after "may" insert "or may not"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

454Page 90, line 8, at end insert—
"(   )  Regulations making provision of the kind described in subsection (3)(b) and (c) must provide for a process whereby such patients or their representatives are informed of the reason, or reasons, for such a decision.
(   )  Regulations making provision under subsection (2)(i) must make provisions as to the circumstances in which such persons or patients as referred to in subsection (3)(b) or (c) may have access to an appeal procedure."
 

THE EARL HOWE
THE BARONESS NOAKES

455Page 90, leave out lines 10 to 12
456Page 90, line 13, leave out "suspending or terminating" and insert "as to the circumstances in which a Primary Care Trust or Local Health Board may agree with a contractor that"
457Page 90, line 14, at end insert "is suspended or terminated"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

457A*Page 90, leave out lines 18 to 24
 

THE LORD WARNER

457B*Page 90, leave out lines 18 to 26
458Page 90, line 22, at end insert—
"(   )  Such provisions, as described in subsection (6) must also require the appropriate authority to—
(a)  publish a statement of the evidence on efficacy, cost-effectiveness or affordability (or any one of these) which underlies any directions as to drugs, medicines and other substances which may or may not be ordered for patients in the provision of medical services; and
(b)  consult the overview and scrutiny committee of such local authorities in whose area such contractor, or contractors, operates, or operate, before issuing such directions."
 

THE EARL HOWE
THE BARONESS NOAKES

459Page 90, leave out lines 23 and 24
 

Clause 173

 

THE LORD WARNER

459A*Page 92, line 4, leave out "or section 17C arrangements" and insert ", section 17C arrangements or Article 15B arrangements; or
(iii)  under section 19 or 25 of the 1978 Act or Article 56 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I.14));"
459B*Page 92, line 24, leave out "an individual" and insert "a person"
459C*Page 92, leave out lines 27 to 37 and insert—
"(   )  an individual who is providing services as specified in subsection (1)(bc)(iii) above"
459D*Page 92, line 38, leave out from ""section 28C employee"" to end of line 39 and insert "for "an individual providing" substitute "a person providing or performing""
459E*Page 93, line 20, at end insert—
"(   )  In that section, after subsection (3C) (as inserted by subsection (9) above) insert—
"(3D)  The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 28C arrangements, and in particular may make provision—
(a)  for the referral of the terms of the proposed arrangements to the Secretary of State or National Assembly for Wales; and
(b)  for the Secretary of State, or Assembly, or a person appointed by him or it, to determine the terms on which the arrangements may be entered into.""
 

Clause 175

 

THE EARL HOWE
THE BARONESS NOAKES

460Page 94, leave out lines 16 to 18
461Page 94, leave out lines 21 and 22
462Page 94, leave out lines 37 to 48
 

Clause 178

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 178 stand part of the Bill.
 

Clause 179

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

462APage 96, leave out line 13 and insert—
"(b)  for the manner in which patients should be informed about charges;"
463Page 96, line 13, at end insert—
"(   )  for the manner in which patients should be informed about charges;"
 

THE EARL HOWE
THE BARONESS NOAKES

464Page 96, line 22, at end insert—
"(   )  Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

Schedule 11

 

THE LORD WARNER

464ZA*Page 148, line 21, at end insert—
    "(   )   in paragraph (d), for "or a section 17C employee" substitute ", a section 17C employee or an Article 15B employee"
464ZB*Page 148, line 22, at end insert—
"(2A)      In subsection (2), after the definition of "the 1978 Act" insert—
 ""Article 15B arrangements" means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I.14));
 "Article 15B employee" means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing or performing those services"."
464ZC*Page 148, line 25, at end insert—
    "15A   In section 28EE(2), for "personal" substitute "primary"."
464ZD*Page 152, line 43, leave out "a list" and insert "all lists"
464ZE*Page 152, line 44, leave out "such a list" and insert "a list under that section"
464ZF*Page 154, line 15, leave out "28U" and insert "28TA"
464ZG*Page 154, line 24, at end insert—
 "38A   (1)   In Schedule 7A, paragraph 3 is amended as follows.
(2)      In sub-paragraph (1)—
(a)  after paragraph (f) insert—
"(fa)  persons providing primary medical services or primary dental services under Part 1 of this Act;";
(b)  in paragraph (g), omit the words from "or under" to "this Act".
(3)      In sub-paragraph (2), for "(1)(g)" substitute "(1)(fa), (g)"."
 

Clause 181

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

464APage 98, line 36, after "more" insert "pilot"
 

THE EARL HOWE
THE BARONESS NOAKES

465Page 99, line 5, at end insert—
"(   )  Regulations made under subsection (1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES
THE BARONESS BARKER

466Page 99, leave out lines 13 to 27
 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 181 stand part of the Bill.
 

Before Clause 183

 

THE EARL HOWE
THE BARONESS NOAKES

467Insert the following new Clause—
  "
(1)  It shall be the duty of the Secretary of State to secure that there is a Special Health Authority designated to perform the functions specified in subsections (2) to (4) and related functions provided for under this Act or under any other enactment.
(2)  The function specified in this subsection is the appointment of the Independent Regulator of NHS Foundation Trusts.
(3)  The function specified in this subsection is the appointment of the chairman and members of the CHAI (other than the member appointed by the Assembly).
(4)  The functions specified in this subsection is the appointment of the chairman and members of the CSCI."
 

Clause 183

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

468Page 101, line 37, at end insert—
"(   )  the CHAI and CSCI."
 

THE EARL HOWE
THE BARONESS NOAKES

469Page 102, line 24, at end insert—
"(   )  If the Secretary of State holds any appointments functions in respect of which he has not made a direction under subsection (2), he shall make an annual report to each House of Parliament setting out the appointments functions concerned and the reasons for the retention of exercise of those functions."

 
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©Parliamentary copyright 2003
15 October 2003