Session 2017-19
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Other Bills before Parliament


 
 

 

LORDS AMENDMENTS TO THE

Healthcare (International Arrangements) Bill (changed to

Healthcare (European Economic Area and Switzerland

Arrangements) Bill)

[The page and line references are to HL Bill 155, the bill as first printed for the Lords]

Clause 1

1

Page 1, line 3, leave out “outside the United Kingdom” and insert “in an EEA state

 

or Switzerland”

Clause 2

2

Page 1, line 8, leave out “outside the United Kingdom” and insert “in an EEA state

 

or Switzerland”

 

3

Page 1, line 11, leave out “, for example” and insert “only do one or more of the

 

following things”

 

4

Page 2, line 1, leave out “on the Secretary of State or on any other person”

 

5

Page 2, line 3, at end insert—

 

“(2A)    

But regulations under subsection (1) may not confer functions on, or

 

provide for the delegation of functions to, a person who is not a public

 

authority.”

 

 
 

Bill 362

57/1

 


 
 

2

6

Page 2, line 8, at end insert—

 

“(5)    

In this section “public authority” means a person who exercises functions

 

of a public nature (but does not include a person who does so only because

 

of exercising functions on behalf of another).”

 

7

Page 2, line 8, at end insert—

 

“(6)    

No regulations may be made under subsection (1)(a) or (b) after the end of

 

the period of five years beginning with exit day.”

Clause 3

8

Page 2, line 15, leave out “a country or territory outside the United Kingdom” and

 

insert “an EEA state or Switzerland”

 

9

Page 2, line 18, leave out “outside the United Kingdom” and insert “in an EEA state

 

or Switzerland”

 

10

Page 2, line 22, leave out “a country or territory outside the United Kingdom” and

 

insert “an EEA state or Switzerland”

After Clause 4

11

Insert the following new Clause—

 

“Requirement for consultation with devolved authorities

 

(1)    

Before making regulations under section 2 that contain provision which is

 

within the legislative competence of a devolved legislature, the Secretary of

 

State must consult the relevant devolved authority on that provision.

 

(2)    

In this section—

 

“devolved authority” means the Scottish Ministers, the Welsh

 

Ministers or a Northern Ireland department;

 

“devolved legislature” means the Scottish Parliament, the National

 

Assembly for Wales or the Northern Ireland Assembly.

 

(3)    

A provision is within the legislative competence of a devolved legislature

 

if—

 

(a)    

it would be within the legislative competence of the Scottish

 

Parliament if it were contained in an Act of the Scottish Parliament;

 

(b)    

it would be within the legislative competence of the National

 

Assembly for Wales if it were contained in an Act of the Assembly

 

(including any provision that could only be made with the consent

 

of a Minister of the Crown); or

 

(c)    

the provision, if it were contained in an Act of the Northern Ireland

 

Assembly—

 

(i)    

would be within the legislative competence of the

 

Assembly, and

 
 

 


 
 

3

 
 

(ii)    

would not require the consent of the Secretary of State.”

 

12

Insert the following new Clause—

 

“Report on payments made under this Act

 

(1)    

The Secretary of State must, in relation to each relevant period—

 

(a)    

prepare a report in accordance with this section, and

 

(b)    

lay the report before Parliament as soon as practicable after the end

 

of the period.

 

(2)    

Each report must give details of payments made under the powers

 

conferred by or under this Act.

 

(3)    

“Relevant period” means—

 

(a)    

the period beginning with the day on which this Act is passed and

 

ending with the end of the first financial year to begin after exit day;

 

(b)    

each subsequent period of 12 months.

 

(4)    

“Financial year” means the period of 12 months beginning with 1 April.”

Clause 5

13

Page 3, line 38, leave out subsection (3)

 

14

Page 3, line 43, after “law” insert “that is not primary legislation”

 

15

Page 3, line 45, leave out “this Act which amend, repeal or revoke primary

 

legislation” and insert “section 4(6)”

 

16

Page 4, line 3, leave out “A” and insert “Any other”

 

17

Page 4, line 3, leave out from “Act” to “is” in line 4

Clause 6

18

Page 4, line 15, leave out “International” and insert “European Economic Area and

 

Switzerland”

In the Title

19

Line 1,   leave out “outside the United Kingdom” and insert “in an EEA state or

 

Switzerland”

 

 
 

 


 
 

4

20

Line 2, after “agreements” insert “with such countries”

 
 

 


 

 

Revised 20 March 2019