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 173

 

THE LORD WARNER

459APage 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));"
459BPage 92, line 24, leave out "an individual" and insert "a person"
459CPage 92, leave out lines 27 to 37 and insert—
"(   )  an individual who is providing services as specified in subsection (1)(bc)(iii) above"
459DPage 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""
459EPage 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
 

THE LORD WARNER

461A*Page 94, line 23, leave out "by a Primary Care Trust or Local Health Board"
 

THE EARL HOWE
THE BARONESS NOAKES

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

464ZAPage 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"
464ZBPage 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"."
464ZCPage 148, line 25, at end insert—
    "15A   In section 28EE(2), for "personal" substitute "primary"."
464ZDPage 152, line 43, leave out "a list" and insert "all lists"
464ZEPage 152, line 44, leave out "such a list" and insert "a list under that section"
464ZFPage 154, line 15, leave out "28U" and insert "28TA"
464ZGPage 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—
  "Appointment of the independent regulator and appointments to the CHAI and the CSCI
(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."
 

Schedule 12

 

THE EARL HOWE
THE BARONESS NOAKES

470Page 161, line 29, leave out sub-paragraph (2)
 

Clause 185

 

THE EARL HOWE
THE BARONESS NOAKES

471Page 103, line 28, leave out subsection (2)
 

THE LORD WARNER

471APage 104, line 9, at end insert—
"(   )  The effect of subsections (1) to (3) is to be disregarded in determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of either of the following Acts falls within subsection (4)(a) of that section (provision amended by an Act within previous two years)—
(a)  the Protection of Children Act 1999 (c. 14);
(b)  the Care Standards Act 2000 (c. 14)."
 

After Clause 185

472[Withdrawn]
473[Withdrawn]
 

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 LORD WARNER

474A*Page 105, line 14, at end insert—
"(4A)  The Secretary of State may not make a statutory instrument containing—
(a)  regulations under section 146(12),
(b)  the first regulations made under section 149(2), or
(c)  an order or regulations under this Act making, by virtue of subsection (1)(b), provision which amends or repeals any part of the text of an Act,
  unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament."
474B*Page 105, line 15, leave out "an" and insert "any other"
 

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."
 

Schedule 14

 

THE LORD HUNT OF WIRRAL

477ZAPage 166, line 5, at end insert—
  "Law Reform (Personal Injuries) Act 1948 (c. 41)Section 2(4)."
 

THE LORD WARNER

477ZBPage 169, line 24, column 2, leave out "and (j)" and insert ", (j) and (k)"
477ZCPage 170, line 32, column 2, at end insert—
  "In Schedule 7A, in paragraph 3(1)(g), the words from "or under" to "this Act".
477ZDPage 170, line 40, column 2, leave out "paragraphs 6 and 7" and insert "paragraph 6"
477ZEPage 171, column 2, leave out line 42
 

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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©Parliamentary copyright 2003
17 October 2003