S.C.A.
Amendment Paper as at Tuesday 4th May 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.
Schedule No. 1 (Primary Care Trusts)
36]Amendment (No. 36) proposed in page 71, line 24, at the end to insert the words 'who shall be responsible for its publication.'.(Mr Philip Hammond.)
Question proposed, That the Amendment be made:
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
80
Schedule 1, page 71, line 25, after 'details', insert 'of all drugs, treatments and other health care services that have been requested by any patient which on any occasion it has been unable to provide on the basis of affordability and'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
135
Schedule 1, page 71, line 26, after 'effectiveness', insert 'and equal opportunities'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
37
Schedule 1, page 71, line 27, at end insert ' , including details of all drugs, treatments, and other health care services which the Primary Care Trust has decided not to provide on the basis of cost.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
38
Schedule 1, page 71, line 27, at end insert ' , including details of the proportion of income spent on administration.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
39
Schedule 1, page 71, leave out lines 32 and 33 and insert
'17. Every Primary Care Trust shall provide for the publication by the Secretary of State of'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
53
Schedule 1, page 71, leave out line 40.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
40
Schedule 1, page 72, line 12, at end add 'and
(c) has been approved by affirmative resolution of both Houses of Parliament.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
41
Schedule 1, page 74, line 33, at end add
'27. For the purposes of this Act, "Primary Care Trust" means a body corporate, established by a PCT Order, which is responsible for commissioning health care services with added responsibility for the provision of community health services, and which is accountable to affected Health Authorities for the effective discharge of all its functions.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
103
Clause 3, page 3, line 3, leave out 'not exceeding' and insert 'equal to'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
45
Clause 3, page 3, line 5, at end insert ', including an identified minimum sum to meet the need for investment in primary care infrastructure.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
104
Clause 3, page 3, line 14, leave out from 'year' to end of line 16.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
105
Clause 3, page 3, line 27, after 'that', insert 'such part of'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
106
Clause 3, page 3, line 46, at end insert
'( ) Every Primary Care Trust shall provide to the Secretary of State in writing within three months of the end of each financial year an estimate of the amount by which its prescribing expenditure would have exceeded its actual prescribing expenditure had it not been constrained by the requirements of subsection (1) above'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
102
Clause 3, page 3, line 50, at end insert ', provided that such directions do not have the consequence of reducing the availability of health care services to patients covered by that Primary Care Trust.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
141
Clause 3, page 3, line 50, at end insert
'(2A) The Primary Care Trust shall present to the Secretary of State an annual account of services that they commission from themselves as providers, and the Secretary of State shall have a duty to audit any agreement in respect of such services to ensure value for money.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
142
Clause 3, page 3, line 50, at end insert
'(2A) For the avoidance of doubt, notwithstanding anything contained in this section, general practitioners shall not be cash-limited in respect of any drug or treatment prescribed by them for their patients which falls within the Part II expenditure of the Primary Care Trust to which they relate.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
4
Clause 3, page 4, line 39, at end add
'(9) The Secretary of State shall provide regular guidance to Primary Care Trusts regarding appropriate levels of expenditure on research and development, training, and tertiary services.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
107
Clause 4, page 7, line 26, at end insert
'( ) Where a Primary Care Trust informs the Health Authority that the level of remuneration will result in new restrictions on the availability of drugs, the Health Authority shall be under a duty to inform the Secretary of State who shall publish annually a full list of all such new restrictions.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
122
Clause 4, page 7, line 35, at end insert
'(3) Where in any financial year any Primary Care Trust to which such remuneration has been apportioned under sub-paragraph (1) above notifies the health authority in writing that the level of such apportionment is inadequate to maintain that Primary Care Trust's existing prescribing policies and practices, the health authority shall within 30 days publish a reply setting out advice to the Primary Care Trust on modifications to existing prescribing practices and policies which will, in the opinion of the health authority, be sustainable within the remuneration apportioned to the Primary Care Trust.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
108
Clause 5, page 8, line 38, after 'services', insert 'or such other health care services or services ancillary to health care services as it sees fit'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
123
Clause 5, page 8, line 42, leave out 'any terms it thinks fit' and insert 'terms which are reasonable and appropriate, having regard to all the circumstances, and which do not unreasonably disadvantage other suppliers of such services within the vicinity'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
5
Clause 5, page 8, line 47, at end insert
'(4A) Charges may not be imposed by a Primary Care Trust in respect of accommodation, where that accommodation is made available for the purpose of providing NHS treatment.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
144
Clause 5, page 9, line 15, at end insert
'(6A) The Secretary of State may, by Regulations, make provision enabling a Primary Care Trust to enter into one or more agreements for the commissioning of specialist medical services for any area which includes that specified in its Primary Care Trust Order.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
118
Clause 5, page 9, line 20, at end add
' "Inspection of premises by community health councils. | 18B. Community health councils may enter and inspect any relevant primary health 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.".'.
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Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
124
Clause 6, page 9, line 23, at end insert ', provided that no person shall serve as a trustee of more than one Primary Care Trust at the same time'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
109
Clause 6, page 9, line 34, after 'appointment', insert 'provided that such provision complies with the requirements on openness and accountability as set out by the Independent Commissioner for Public Appointments.'.
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