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

 

Before Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

383Insert the following new Clause—
  "Regulations under Part 3
  Notwithstanding the provisions of section 191(5), the first regulations under this Part shall be made in a draft of the regulations laid before Parliament and approved by a resolution of each House of Parliament."
 

Clause 146

 

THE BARONESS FINLAY OF LLANDAFF

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

THE EARL HOWE
THE LORD SKELMERSDALE

385Page 65, line 19, after second "treatment" insert "carried out within 60 days of the injury for which compensation has been paid"
 

Clause 158

 

THE EARL HOWE
THE LORD SKELMERSDALE

386Page 78, line 14, leave out paragraph (b)
 

Clause 160

 

THE EARL HOWE
THE LORD SKELMERSDALE

387Page 79, line 25, leave out subsection (2)
 

Clause 167

 

THE EARL HOWE
THE BARONESS NOAKES

388*Page 82, line 23, at end insert—
    "(6)  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

389*Page 83, line 3, at end insert—
    "(   )  The first regulations made under this section may not be made until a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

THE LORD WARNER

390*Page 85, leave out lines 1 and 2
391*Page 85, line 13, at end insert—
"(3A)  Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services."
 

Clause 170

 

THE EARL HOWE
THE BARONESS NOAKES

392*Page 87, line 5, 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

393*Page 87, line 35, 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 CLEMENT-JONES
THE BARONESS BARKER

394*Page 89, leave out lines 21 to 44
 

THE LORD WARNER

395*Page 90, leave out lines 11 and 12
 

THE LORD WARNER
THE EARL HOWE
THE BARONESS NOAKES

396*Page 90, line 21, leave out "may" and insert "must"
 

THE EARL HOWE
THE BARONESS NOAKES

397*Page 90, line 31, leave out "suspending or terminating" and insert "as to the suspension or termination of"
 

THE LORD WARNER

398*Page 90, line 35, at end insert—
"(5A)  Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services."
 

Clause 173

 

THE LORD WARNER

399*Page 93, leave out lines 1 to 8
400*Page 93, line 34, at end insert—
"(   )  In that section, after subsection (3D) (as inserted by subsection (10) above) insert—
    "(3E)  The regulations must provide for the circumstances in which a person providing primary medical services under section 28C arrangements—
    (a)  must or may accept a person as a patient to whom such services are so provided;
    (b)  may decline to accept a person as such a patient;
    (c)  may terminate his responsibility for a patient.
    (3F)  The regulations must make provision as to the right of patients to choose the persons from whom they are to receive services under section 28C arrangements.""
     

    After Clause 177

     

    THE EARL HOWE
    THE BARONESS NOAKES

    401*Insert the following new Clause—
      "Special health authority for dental functions
      If the Secretary of State makes an order under section 11 of the 1977 Act setting up a Special Health Authority to assume functions relating to the provision of dental services under the 1977 Act as amended, the order shall not have effect unless a draft of the order has been laid before and approved by each House of Parliament."
     

    Clause 179

     

    THE EARL HOWE
    THE BARONESS NOAKES

    402*Page 96, line 36, 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

    403Page 98, line 30, at end insert—
    "(2A)  In section 126 of that Act—
    (a)  in subsection (1), after "PCT order" insert "or an instrument to which subsection (1A) applies";
    (b)  after subsection (1) insert—
      "(1A)  The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament."
       

      Clause 181

       

      THE EARL HOWE
      THE BARONESS NOAKES

      404*Page 99, line 15, 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."
      405*Page 99, leave out lines 23 to 37
       

      Clause 183

       

      THE EARL HOWE
      THE BARONESS NOAKES

      406Page 102, line 10, at end insert—
      "(2A)  A person shall be appointed to the office of the regulator by the Special Health Authority which has been directed to carry out appointment functions under subsection (2) above."
      407Page 102, line 10, at end insert—
      "(2B)  A person shall be appointed as chairman and other persons shall be appointed as members of the CHAI by the Special Health Authority which has been directed to carry out appointment functions under subsection (2) above."
      408Page 102, line 10, at end insert—
      "(2C)  A person shall be appointed as chairman and other persons shall be appointed as members of the CSCI by the Special Health Authority which has been directed to carry out appointment functions under subsection (2) above."
       

      Clause 191

       

      THE EARL HOWE
      THE LORD SKELMERSDALE

      409Page 105, line 37, leave out paragraph (b)
      410Page 105, line 37, at end insert—
      "(   )  regulations under section 179(2),"
       

      Clause 194

       

      THE BARONESS CUMBERLEGE
      THE BARONESS FINLAY OF LLANDAFF
      THE LORD CLEMENT-JONES
      THE LORD ALDERDICE

      411Page 106, line 27, at end insert—
      "(1A)  No order may be made under subsection (1) until the Secretary of State has commissioned an independent review of the arrangements for the delivery, scrutiny and accountability of Department of Health policies, including the case for establishing an NHS Agency for England, and the report of that review has been published."
       

      Clause 196

       

      THE EARL HOWE
      THE BARONESS NOAKES

      412*Page 107, line 41, at end insert—
      "(3A)  An order which, by virtue of subsection (3), modifies any Act of the Scottish Parliament may not be made unless a draft of the order has been laid before, and approved by resolution of, the Scottish Parliament.
      (3B)  An order which, by virtue of subsection (3), modifies any other Act may not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament."

 
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5 November 2003