Session 2019-21
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Other Bills before Parliament


 
 

Committee of the whole House: 23 March 2020              

19

 

Coronavirus Bill, continued

 
 

22B    

Grounds for refusal and deferral under the Coronavirus Act 2020

 

(1)    

This regulation applies where a person who is registered in the GP

 

Register by virtue of section 18A of the Medical Act 1983 has made

 

an application to a Local Health Board for inclusion in its medical

 

performers list.

 

(2)    

But this regulation does not affect a Local Health Board’s functions

 

under regulations 6, 7 and 24 in relation to the refusal or deferral of an

 

application by such a person.

 

(3)    

A Local Health Board may refuse the person’s application for

 

inclusion in its medical performers list if—

 

(a)    

the Local Health Board has received an allegation (in any

 

manner) about either—

 

(i)    

professional misconduct of the person, or

 

(ii)    

the person’s involvement in a matter which the person

 

would be under a duty to disclose under regulation

 

9(1) or (2), and

 

(b)    

the nature of the allegation is such that, were the person

 

already included in its list, the Local Health Board would be

 

satisfied that it would be necessary for the protection of

 

members of the public, or otherwise in the public interest, to

 

suspend the person from its list under regulation 13 while it

 

decided whether to remove them from its list.

 

(4)    

A Local Health Board may defer determination of the person’s

 

application for inclusion in its medical performers list if—

 

(a)    

the person has declared any matter specified in regulation 9(1)

 

or (2), and

 

(b)    

the Local Health Board is satisfied that it is necessary for the

 

protection of members of the public, or otherwise in the public

 

interest, to complete its consideration of the person’s

 

application before the person is permitted to perform primary

 

medical services.

 

(5)    

Unless paragraph (6) applies, a person whose application is refused by

 

a Local Health Board under paragraph (3) may not reapply for

 

inclusion in the medical performers list of any Local Health Board.

 

(6)    

This paragraph applies where a person subsequently becomes

 

registered in the GP Register as a fully registered person, within the

 

meaning given by section 55(1) of the Medical Act 1983, otherwise

 

than by virtue of section 18A of that Act.

 

(7)    

A Local Health Board must notify an applicant in writing of a

 

determination made under this regulation, and the reasons for it,

 

within 7 days of making the determination.

 

(8)    

An applicant may not appeal any determination made by a Local

 

Health Board under this regulation.”

 

      (3)  

Regulation 15 (appeals) has effect as if before paragraph (1) there were

 

inserted—

 

  “(A1)  

This regulation does not apply where a person’s application for

 

inclusion in a medical performers list is refused under regulation

 

22B(3).”


 
 

Committee of the whole House: 23 March 2020              

20

 

Coronavirus Bill, continued

 
 

Modification of General Medical Services Contracts Regulations 2004

 

18  (1)  

The National Health Service (General Medical Services Contracts) (Wales)

 

Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following

 

modifications.

 

      (2)  

In paragraph 52 of Schedule 6 (contractual terms: qualifications of

 

performers), after sub-paragraph (2) insert—

 

  “(2A)  

Sub-paragraph (1)(a) does not apply in the case of a person who is

 

performing primary medical services by virtue of regulation 22A of

 

the National Health Service (Primary Medical Services Performers

 

Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

 

      (3)  

In paragraph 56 of Schedule 6 (contractual terms: conditions for employment

 

and engagement), after sub-paragraph (4) insert—

 

  “(4A)  

This paragraph does not apply in the case of a person who is

 

performing primary medical services by virtue of regulation 22A of

 

the National Health Service (Primary Medical Services Performers

 

Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

 

      (4)  

In paragraph 58 of Schedule 6 (contractual terms: conditions for employment

 

and engagement), after sub-paragraph (3) insert—

 

    “(4)  

This paragraph does not apply in the case of a person who is

 

performing primary medical services by virtue of regulation 22A of

 

the National Health Service (Primary Medical Services Performers

 

Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

 

Power to modify Schedule

 

19  (1)  

The Welsh Ministers may by regulations made by statutory instrument modify

 

this Schedule.

 

      (2)  

A statutory instrument containing regulations under sub-paragraph (1) is

 

subject to annulment in pursuance of a resolution of the National Assembly for

 

Wales.”

 

Member’s explanatory statement

 

This new Schedule enables temporarily registered GPs to perform primary medical services in

 

Wales in certain circumstances despite not being on the performers list of a Local Health Board.

 

It makes similar provision for Wales to that made by Schedule 2 to the Bill for Scotland.

 


 

Stuart C McDonald

 

NS1

 

Parliamentary Star    

To move the following Schedule—

 

“SCHEDULE ( )

 

measures in relation to immigration and asylum

 

Part 1

 

rules in relation to no recourse to public funds

 

20         

The Secretary of State must consult the Chief Medical Officer or any of the

 

Deputy Chief Medical Officers of the Department of Health and Social Care

 

on the impact of no recourse to public funds rules on preventing, protecting


 
 

Committee of the whole House: 23 March 2020              

21

 

Coronavirus Bill, continued

 
 

against, controlling or providing a public health response to the incidence or

 

spread of infection or contamination.

 

21         

The Secretary of State must, by regulation, make such amendments to no

 

recourse to public funds rules as considered necessary in light of the

 

consultation referred to in paragraph 1.

 

22         

In this schedule, “no recourse to public funds rules” includes any provision

 

prohibiting access to public funds or other forms of publicly financed support

 

by those who require leave to enter or remain in the United Kingdom,

 

including, but not limited to, section 115 of the Immigration Act 1999.

 

Part 2

 

immigration detention

 

23         

The Secretary of State must consult the Chief Medical Officer or any of the

 

Deputy Chief Medical Officers of the Department of Health and Social Care

 

on the impact of immigration detention on preventing, protecting against,

 

controlling or providing a public health response to the incidence or spread of

 

infection or contamination.

 

24  (1)  

Within seven days of the date on which this Act is passed, the Secretary of

 

State must review the list of countries to which imminent removal of

 

immigration detainees is possible.

 

      (2)  

In light of that review, the Secretary of State must make arrangements to end

 

the detention of any individual who cannot be removed imminently, consistent

 

with preventing, protecting against, controlling and providing a public health

 

response to the incidence or spread of infection or contamination.

 

Part 3

 

asylum processes

 

25  (1)  

The Secretary of State must consult the Chief Medical Officer or any of the

 

Deputy Chief Medical Officers of the Department of Health and Social Care

 

on the impact of asylum processes on preventing, protecting against,

 

controlling or providing a public health response to the incidence or spread of

 

infection or contamination.

 

      (2)  

The matters to be consulted on under sub-paragraph (1) include, but are not

 

restricted to—

 

(a)    

requirements for individuals to report or attend interviews as part of

 

the asylum process;

 

(b)    

the nature and extent of asylum accommodation and rules in relation

 

to eviction from asylum accommodation;

 

(c)    

the nature and extent of financial support for asylum seekers;

 

(d)    

the nature and extent of financial support for local authorities in

 

asylum dispersal areas.

 

Part 4

 

extension of leave to remain

 

26         

7. The Secretary of State must make provision, by statement of changes to the

 

immigration rules, to allow for leave to remain for individuals whose previous

 

leave expires during the period in which this Act is in force, or whose leave

 

expired in the 14 days prior to the date on which this Act is passed.

 

Member’s explanatory statement

 

This new schedule contains temporary changes to immigration and asylum laws and procedures


 
 

Committee of the whole House: 23 March 2020              

22

 

Coronavirus Bill, continued

 
 

for the purposes of preventing, protecting against, controlling or providing a public health

 

response to the incidence or spread of infection or contamination.

 


 
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Revised 23 March 2020