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Amendments to the Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 3rd November 2003, as follows—

Clauses 158 to 180
Schedule 11
Clauses 181 to 183
Schedule 12
Clauses 184 to 186
Schedule 13
Clauses 187 to 192
Schedule 14
Clauses 193 to 198

[Amendments marked * are new or have been altered]

Amendment
No.

 

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

388Page 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

389Page 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

390Page 85, leave out lines 1 and 2
391Page 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

392Page 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

393Page 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

394Page 89, leave out lines 21 to 44
 

THE LORD WARNER

395Page 90, leave out lines 11 and 12
 

THE LORD WARNER
THE EARL HOWE
THE BARONESS NOAKES

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

THE EARL HOWE
THE BARONESS NOAKES

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

THE LORD WARNER

398Page 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

399Page 93, leave out lines 1 to 8
400Page 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

    401Insert 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

    402Page 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 LORD CLEMENT-JONES
      THE BARONESS BARKER

      403APage 99, line 9, after "may" insert ", having conducted pilot schemes involving full consultation and independently audited evaluation"
      403BPage 99, line 13, at end insert "and particularly infants up to the age of one year"
      403CPage 99, line 15, at end insert "and with a view to offering nutritional advice in particular for infants, including breast-feeding and infant formula."
       

      THE EARL HOWE
      THE BARONESS NOAKES

      404Page 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."
       

      THE LORD CLEMENT-JONES
      THE BARONESS BARKER

      404APage 99, line 21, at end insert "but not exclude any pregnant woman, mother or infant."
      404BPage 99, line 22, at end insert "but not without full consideration for the welfare of the pregnant women, mother or infant."
       

      THE EARL HOWE
      THE BARONESS NOAKES
      THE LORD WARNER

      405Page 99, leave out lines 23 to 37
       

      THE LORD CLEMENT-JONES
      THE BARONESS BARKER

      405ZAPage 99, line 26, at end insert "but to provide benefits to all applicant pregnant women, mothers and infants whilst investigation of eligibility for registration is underway"
      405ZBPage 99, line 28, at end insert "where advice about breast-feeding and appropriate use of infant formula should be provided"
      405ZCPage 99, line 31, at end insert "making certain that appropriate nutritional advice is given to the parent for the child"
      405ZDPage 99, line 37, at end insert "including advice about the importance of breast-feeding and infant formula"
      405ZEPage 99, line 39, after "description" insert "including milk and infant formula"
      405ZFPage 99, line 41, leave out "person" and insert "qualified health care professional"
      405ZGPage 100, line 1, leave out "person" and insert "qualified health care professional"
      405ZHPage 100, line 4, after "vouchers" insert "of equivalent value to that of one week's supply of infant formula"
      405ZJPage 100, line 7, at end insert "but may not be denied vouchers whilst registration formalities are underway."
       

      THE LORD WARNER

      405APage 100, line 37, leave out from "(1))" to first "to" in line 38 and insert "is"
       

      THE LORD CLEMENT-JONES
      THE BARONESS BARKER

      405AAPage 101, line 10, after ""children" insert "and specifically infants""
       

      THE LORD WARNER

      405BPage 101, leave out lines 11 to 13
       

      THE LORD CLEMENT-JONES
      THE BARONESS BARKER

      405BAPage 101, line 17, at end insert "including infant formula and follow-on formula"
       

      THE LORD WARNER

      405CPage 101, line 18, leave out from "body" " to "such" and insert "has"
      405DPage 101, leave out line 24
       

      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)
       

      THE LORD WARNER

      409APage 105, line 37, after "section" insert "(Conduct of elections) or"
       

      THE EARL HOWE
      THE LORD SKELMERSDALE

      410Page 105, line 37, at end insert—
      "(   )  regulations under section 179(2),"
       

      THE LORD WARNER

      410APage 106, line 2, after "(1)(b)" insert "or section 195 or 196"
      410BPage 106, line 2, at end insert "(including an Act of the Scottish Parliament)"
      410CPage 106, line 8, at end insert—
      "(   )  The Scottish Ministers 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) or section 195 or 196, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
        unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
      410DPage 106, line 9, leave out "regulations under Part 3" and insert "any other order or regulations under this Act"
      410EPage 106, line 10, after "Ministers" insert "(apart from an order under section 194)"
       

      After Clause 193

       

      THE LORD WARNER

      410FInsert the following new Clause—
        "Isles of Scilly
        The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order."
      411[Withdrawn]
       

      Clause 196

       

      THE EARL HOWE
      THE BARONESS NOAKES

      412Page 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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©Parliamentary copyright 2003
11 November 2003