Amendments proposed to the Health Bill [Lords] - continued House of Commons

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Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

29

Page     56,     line     46,     leave out Clause 52.


   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

30

Page     61,     line     41,     leave out Clause 53.


   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

81

Clause     55,     page     66,     line     14,     leave out subsection (1).


   

Mr John Denham

96

Schedule     4,     page     81,     line     8,     at end insert—

    '. In section 11 (Special Health Authorities), for subsection (1) there is substituted—

            "(1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act." '.

   

Mr John Denham

97

Schedule     4,     page     81,     leave out lines 11 to 17 and insert—

    '6. For section 16 (exercise of functions) there is substituted—

"Exercise of functions by Health Authorities and Special Health Authorities.16.—(1) This subsection applies to functions which are exercisable by a Health Authority under or by virtue of this Act (including this section), the National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

    (2) Regulations may provide for any functions to which subsection (1) above applies to be exercised—

      (a) by another Health Authority,

      (b) by a Special Health Authority, or

      (c) jointly with any one or more of the following: Primary Care Trusts and other Health Authorities.

    (3) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised—

      (a) by another Special Health Authority, or

      (b) jointly with one or more other Special Health Authorities.

    (4) Regulations may provide—

      (a) for any functions to which subsection (1) above applies to be exercised, on behalf of the Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Health Authority,

      (b) for any functions which, under section 16D below or this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

      (c) for any functions exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee." '.

   

Mr John Denham

98

Schedule     4,     page     86,     line     7,     leave out from 'for' to end of line and insert ' "11 to 17" there is substituted "16D to 17B".'.

   

Mr John Denham

99

Schedule     4,     page     86,     leave out lines 39 to 47 and insert—

            ' "15.—(1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body).

            (1A) This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above." '.

   

Mr John Denham

100

Schedule     4,     page     92,     line     42,     leave out ' "13" ' and insert ' "11 or 13" '.


   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

82

Clause     60,     page     66,     line     40,     at beginning insert 'Subject to subsection (2A) below'.

   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

83

Clause     60,     page     67,     line     2,     at end insert—

    '(2A) A day may be appointed under subsection (1) above in relation to Part II of this Act only if—

      (a) it is a day later than 1st July 2000; and

      (b) the Scottish Parliament has not, before that day, made (or indicated its intention to make) separate provision for Scotland for the reform of primary care services according to principles broadly similar to those contained in Part I as regards England and Wales.'.


   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

50

Clause     61,     page     67,     line     9,     leave out 'Part II extends only to Scotland'.


NEW CLAUSES

Provision for Scotland

   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

NC1

To move the following Clause:—

    '.—The Scottish Parliament shall, by 31st March 2001, bring forward proposals, of a broadly similar nature to those contained in Part I of this Act, to make provision for the reform of primary care services, and for connected purposes, in Scotland.'.


Power to grant providers of general medical services in Scotland leave to withdraw from Primary Care Trusts

   

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

NC2

To move the following Clause:—

    '.—(1) The Secretary of State may by Order—

      (a) grant any individual provider of general medical services leave to withdraw from any primary care trust which may be established in Scotland under Part II of this Act;

      (b) grant any individual provider of general medical services leave to withdraw from the direct budgetary control of a health board or sub-committee thereof.

    (2) Any provider of general medical services given leave under subsection (1) above shall take on such powers, functions and budget as may be directed by the Secretary of State.'.


Inspection of premises by Community Health Councils

   

Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith

NC4

To move the following Clause:—

    '. After section 18A of the 1977 Act (inserted by section 4) there is inserted—

"Inspection of premises by community health councils.18B. Community health councils may enter and inspect any relevant Primary Care Trust premises at such times and subject to such conditions as may be agreed between the council and the Trust or, in default of such agreements, as may be determined by the Secretary of State".'.


   

Mr John Denham

101

Title,     line     4,     leave out from 'functions' to 'confer' in line 6.


 
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