Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill


 
 

42

324

Page 325, line 27, at end insert—

 

“Health and Safety at Work etc. Act 1974 (c. 37)

 

    (1)  

Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary

 

provision about the Employment Medical Advisory Service) is amended

 

as follows.

 

      (2)  

In subsection (1) for “each Primary Care Trust and Local Health Board”

 

substitute “the National Health Service Commissioning Board or each

 

clinical commissioning group (in relation to England) and each Local

 

Health Board (in relation to Wales)”.

 

      (3)  

In subsection (2)—

 

(a)    

omit “for one of their”, and

 

(b)    

for ““each” to “its”” substitute ““the National” to “arranges””.”

325

Page 326, line 42, leave out “paragraphs 46 and 49” and insert “paragraph 46”

326

Page 327, line 27, after “(1)” insert “—

 

(a)    

omit paragraph 49 of Schedule 2 to the National Health Service

 

Reform and Health Care Professions Act 2002, and

 

(b)    

327

Page 331, line 34, at end insert—

 

“Local Government and Housing Act 1989 (c. 42)

 

            

In section 2 of the Local Government and Housing Act 1989 (politically

 

restricted posts), in subsection (6), after paragraph (za) insert—

 

“(zb)    

the director of public health appointed under section

 

73A(1) of the National Health Service Act 2006;”.”

328

Page 333, line 5, at end insert—

 

“( )    

in that paragraph, after “or” (in the first place it occurs) insert “a”,

 

( )    

in the words after paragraph (b) in that subsection, omit

 

“authority or”,”

329

Page 333, line 14, at end insert “, and

 

( )    

in the words after that paragraph, omit “Trust, Authority or.”

330

Page 333, leave out lines 15 to 32

331

Page 334, line 14, leave out paragraph 70

332

Page 340, line 26, leave out “Minister” substitute “the Welsh Ministers” and insert

 

“Minister considers” substitute “the Welsh Ministers consider”

333

Page 340, line 31, at end insert—

 

“   ( )  

The Licensing Act 2003 is amended as follows.

 

      ( )  

In section 5(3) (statement of licensing policy)—

 

(a)    

in paragraph (ba) omit “Primary Care Trust or”, and

 

(b)    

after that paragraph insert—

 

“(bb)    

each local authority in England whose public

 

health functions within the meaning of the

 

National Health Service Act 2006 are exercisable


 
 

43

 
 

in respect of an area any part of which is in the

 

licensing authority’s area,”.

 

      ( )  

In section 13(4) (authorised persons, interested parties and responsible

 

authorities)—

 

(a)    

in paragraph (ba) omit “Primary Care Trust or”, and

 

(b)    

after that paragraph insert—

 

“(bb)    

the local authority in England whose public

 

health functions within the meaning of the

 

National Health Service Act 2006 are exercisable

 

in respect of any area in which the premises are

 

situated,”.”

334

Page 340, line 33, at end insert—

 

“   ( )  

In section 69(4) (authorised persons, interested parties and responsible

 

authorities)—

 

(a)    

in paragraph (ba) omit “Primary Care Trust or”, and

 

(b)    

after that paragraph insert—

 

“(bb)    

the local authority in England whose public

 

health functions within the meaning of the

 

National Health Service Act 2006 are exercisable

 

in respect of any area in which the premises are

 

situated,”.

 

      ( )  

In section 172B(4) (procedural requirements for early morning alcohol

 

restriction order)—

 

(a)    

in paragraph (d) omit “Primary Care Trust or”, and

 

(b)    

after that paragraph insert—

 

“(da)    

the local authority in England whose public

 

health functions within the meaning of the

 

National Health Service Act 2006 are exercisable

 

in respect of an area any part of which is in the

 

area specified in the order,”.”

335

Page 341, line 5, leave out paragraph 114

336

Page 346, line 36, after second “under” insert “section 12A or”

337

Page 347, line 2, leave out paragraph 142

338

Page 347, line 7, leave out paragraph 144

339

Page 351, line 2, at beginning insert “In section 123 of”

340

Page 351, line 2, leave out from “2009” to “(partner” in line 18

341

Page 353, line 24, at end insert—

 

Charities Act 2011 (c. 25)

 

            

In section 149 of the Charities Act 2011 (audit or examination of English

 

NHS charity accounts), in subsection (7)—

 

(a)    

omit paragraph (a),

 

(b)    

omit paragraph (b),

 

(c)    

before paragraph (c) insert—

 

“(ba)    

the National Health Service Commissioning

 

Board,


 
 

44

 
 

(bb)    

a clinical commissioning group,

 

(bc)    

trustees for the National Health Service

 

Commissioning Board appointed in pursuance of

 

paragraph 11 of Schedule A1 to the National

 

Health Service Act 2006, or

 

(bd)    

trustees for a clinical commissioning group

 

appointed in pursuance of paragraph 14 of

 

Schedule 1A to that Act,”, and

 

(d)    

omit paragraph (f).”

Schedule 6

342

Page 355, line 13, at end insert—

 

      “()  

The amendment made by section 18(6) does not affect—

 

(a)    

the validity of any direction made by an instrument in writing

 

which continues to have effect by virtue of sub-paragraph (2),

 

(b)    

any power to vary such a direction otherwise than for the

 

purpose of directing the Special Health Authority concerned to

 

exercise an additional function, or

 

(c)    

any power to revoke such a direction.”

Schedule 8

343

Page 367, line 17, after “functions” insert “,

 

(b)    

include a statement of what it did to comply with the duty under

 

section (Secretary of State’s guidance on duty under section 61(9))(2)

 

(duty to have regard to Secretary of State’s guidance on duty

 

under section 61(9)), and

 

(c)    

include a statement of what it did to comply with the duty under

 

section 64(1)(ja) (duty to have regard to Secretary of State’s

 

guidance on relevant parts of document on improving quality of

 

services).”

Schedule 9

344

Page 368, line 12, leave out from “contains” to the end of line 14 and insert

 

“information which it is satisfied is—

 

(a)    

commercial information the disclosure of which would, or

 

might, significantly harm the legitimate business interests of the

 

person to whom it relates;

 

(b)    

information relating to the private affairs of an individual the

 

disclosure of which would, or might, significantly harm that

 

person’s interests.”

Schedule 10

345

Page 372, line 26, after “are” insert “not”

346

Page 373, line 26, after “considers” insert “would or”

347

Page 373, line 29, after “considers” insert “would or”


 
 

45

 

Schedule 11

348

Page 378, line 35, leave out from “contains” to the end of line 37 and insert

 

“information which it is satisfied is—

 

(a)    

commercial information the disclosure of which would, or

 

might, significantly harm the legitimate business interests of the

 

person to whom it relates;

 

(b)    

information relating to the private affairs of an individual the

 

disclosure of which would, or might, significantly harm that

 

person’s interests.”

Schedule 12

349

Page 380, line 5, leave out from “each” to end of line 6 and insert “objector”

350

Page 380, line 7, at end insert—

 

    “( )  

In this Schedule, “objector” means—

 

(a)    

in relation to a reference made where the condition in section

 

118(2)(a) is not met, each clinical commissioning group who

 

objected to the proposed method to which the reference relates,

 

and

 

(b)    

in relation to a reference made where the condition in section

 

118(2)(b) or (c) is not met, each relevant provider who objected to

 

that proposed method.”

351

Page 382, line 8, at end insert—

 

    “( )  

The Competition Commission must give notice to each objector who has

 

made representations in accordance with paragraph 2 of the time and

 

place at which an oral hearing is to be held.”

352

Page 382, line 22, leave out “entitled to give evidence at the hearing” and insert

 

“present at the hearing and comes within sub-paragraph (5)”

353

Page 382, line 24, leave out second “is not” and insert “cannot be”

354

Page 382, line 26, leave out from “not” to “, and” in line 27 and insert “obliged to

 

require the person to attend the hearing”

Schedule 14

355

Page 388, line 10, at end insert “, and

 

( )    

in subsection (3), omit paragraph (a) (and the following “and”)”

356

Page 388, line 13, after “trust” insert “established under section 25”

357

Page 388, line 14, after “trust” insert “established under section 25”

358

Page 391, line 3, leave out “section 78” and insert “sections 78 and 79”

359

Page 391, line 18, leave out sub-paragraph (2)

360

Page 394, line 7, leave out paragraph 64

361

Page 394, line 11, leave out paragraphs 65 to 67

362

Page 397, line 18, at end insert “, and

 

( )    

omit sub-paragraph (ii) of that paragraph (and the preceding

 

“or”)”


 
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Revised 20 March 2012