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

House of Lords

back to previous amendments

 

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423[Withdrawn]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

423APage 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"
423BPage 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."
423CPage 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"
425[Withdrawn]
426[Withdrawn]
427[Withdrawn]
428[Withdrawn]
429[Withdrawn]
430[Withdrawn]
 

THE LORD HUNT OF WIRRAL

430APage 70, line 26, after second "the" insert "final"
 

Clause 152

 

THE LORD HUNT OF WIRRAL

430BPage 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"
430CPage 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

430DPage 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

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

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

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

449APage 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

457APage 90, leave out lines 18 to 24
 

THE LORD WARNER

457BPage 90, leave out lines 18 to 26
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

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

 
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©Parliamentary copyright 2003
17 October 2003