12321.42-45

Session 2010 - 12
Internet Publications
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”)”