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S.C.A.
Amendment Paper as at
Tuesday 27th April 1999
STANDING COMMITTEE A
New Amendments handed in are marked thus *
HEALTH BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [22nd April], as follows:—
Clauses 1 and 2, Schedule 1, Clauses 3 to 17, Schedule 2, Clauses 18 to 39, Clause 54, Schedule 3, Clause 59, Clauses 40 to 53, Clauses 55 to 58, Schedules 4 and 5, Clauses 60 to 62, new Clauses and new Schedules.
Clause No. 1 (Report of law about fund-holding practices)
Amendment (No. 1) proposed, in page 1, line 10, at the end to insert the words 'from 31st March 2000'.—(Miss Ann Widdecombe).
Question proposed, That the Amendment be made:—
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
48
Clause 1, page 1, line 10, at end insert—
'( ) The Secretary of State shall instruct all former fund-holding practices to provide to him a statement with their final set of fund-holding accounts of any services that have been withdrawn as a result of those practices ceasing to be fund-holding practices and the Secretary of State shall publish the information reported to him in full.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
49
Clause 2, page 1, line 14, at beginning insert 'Subject to subsection (1A) below,'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
68
Clause 2, page 1, line 14, at beginning insert, 'Subject to subsection 5A below,'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
65
Clause 2, page 1, line 15, after 'Trusts', insert 'whose purpose shall be to improve the health of their locality in the context of a plan prepared under section 25 of the Health Act 1999 and in the exercise of the functions prescribed in Part I of Schedule 5A to this Act.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
43
Clause 2, page 2, line 2, after 'Act', insert 'by contracting the services of independent general practitioners or, exceptionally, where the Primary Care Trust can demonstrate to the Secretary of State's satisfaction that it is not practicable to do so, through the direct employment of general practitioners,'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
42
Clause 2, page 2, line 5, at end insert—
'(1A) Following a written request approved by more than half the providers of general medical services on the medical list of the relevant Health Authority who would be covered by an area proposed to be specified under subsection (3) below, the Secretary of State may start proceedings to establish a PCT for that area'.
Mr John Denham
117
Clause 2, page 2, leave out lines 8 to 11.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
66
Clause 2, page 2, line 11, at end insert 'and any change to the boundaries of any established Primary Care Trust after the making of a PCT Order shall occur only after consultation with all the Primary Care Trusts, all local authorities, all health authorities, all community health councils and all local representative committees concerned.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
67
Clause 2, page 2, line 11, at end insert 'all other NHS bodies, all community health councils, all local authorities and all bodies representing patients and carers in the area that would be covered by the PCT.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
129
Clause 2, page 2, line 11 at end insert—
'(2A) Before any Primary Care Trust order is made it shall be published in draft form by the Secretary of State who shall cause such draft to be published in such local newspapers circulating in the area covered by the proposed Primary Care Trust as appear to him to be appropriate.
(2B) If, at the end of the period of 60 days from the date of publication of the draft order no objection (as defined in subsection (3) below) has been received by the Secretary of State, the PCT order shall come into force.
(2C) If an objection is received by the Secretary of State within 60 days of publication of the draft Primary Care Trust order, the order shall only come into force after it has been approved by an affirmitive resolution of both Houses of Parliament.
(2D) For the purpose of subsection (2C) above an objection means an objection in writing to the Primary Care Trust order made to the Secretary of State by—
(a) any of the Local Representative Committees for the area covered by the proposed Primary Care Trust, and
(b) the Community Health Council or Councils for the area covered by the proposed Primary Care Trust.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
47
Clause 2, page 2, line 14, at end insert 'and any change to the boundaries of any established Primary Care Trust after the making of a PCT Order shall occur only after consultation with all Primary Care Trusts concerned.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
46
Clause 2, page 2, line 19, leave out 'regulations must impose' and insert 'Secretary of State shall make regulations which impose such'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
69
Clause 2, page 2, line 20, at end insert—
'(5A) In making regulations about consultation requirements regard shall be had to the interests of key partners in the delivery of NHS health care, including—
(a) patient and carer associations and voluntary organisations involved in health care delivery;
(b) nurses, midwives, health visitors and professions allied to medicine;
(d) universities and schools of medicine.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
128
Clause 2, page 2, line 20, at end insert—
'(5A) In this section "Primary Care Group" means a committee or a subcommittee of a health authority carrying out functions relating to the provision of general medical services under Part II of this Act or providing services in accordance with section 28C arrangements.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
2
Clause 2, page 2, line 22, at end insert—
'(7) The Secretary of State may by Order—
(a) grant any individual provider of general medical services leave to withdraw from any established Primary Care Trust;
(b) grant any individual provider of general medical services leave to withdraw from the direct budgetary control of a health authority, or sub-committee thereof.
(8) Any provider of general medical services given leave under subsection (7) above shall take on such powers, functions, and budget as may be directed by the Secretary of State.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
3
Clause 2, page 2, line 22, at end insert—
'(7) The Secretary of State shall submit a report at least once a year to the Health Select Committee of the House of Commons regarding all new PCT orders made during the preceding calendar year.'.
Mr John Denham
85
Clause 2, page 2, line 25, after 'Act' insert '(including this section)'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
70
Clause 2, page 2, line 26, at end insert—
'(1A) Appropriate arrangements shall be made with a view to securing that a Primary Care Trust's functions are exercised with due regard to the principle that there should be no discrimination on the basis of age, race, sex and sexual orientation, except where clinically justified.'.
Mr John Denham
86
Clause 2, page 2, line 27, leave out from 'for' to end of line 41 and insert 'any functions to which this section applies to be exercised—
(a) by another Primary Care Trust,
(b) by a Special Health Authority, or
(c) jointly with any one or more of the following: Health Authorities, NHS trusts and other Primary Care Trusts.
(3) Regulations may provide—
(a) for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,
(b) for any functions which, under 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 which, under this section, are exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee." '.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
44
Clause 2, page 2, line 30, after 'Trust', insert ', with the consent of that Primary Care Trust'.
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