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S.C.A.
Amendment Paper as at
Tuesday 11th May 1999
STANDING COMMITTEE A
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.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
130
Clause 9, page 13, line 40 after 'of', insert 'each of'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
112
Clause 9, page 14, line 25, leave out 'may be determined from time to time,' and insert 'shall be revised annually,'.
Mr John Denham
87
Clause 10, page 16, line 7, at end insert—
'( ) The Secretary of State may direct a Special Health Authority to exercise any functions of a Health Authority or a Primary Care Trust which are specified in the directions.'.
Mr John Denham
88
Clause 10, page 16, line 8, after 'specified' insert 'in directions under this section'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
143
Clause 10, page 16, line 13, after 'functions', insert ', and shall give directions to these bodies setting out the arrangements they must make to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
131
Clause 10, page 16, line 18 at end insert 'except that, in respect of the National Institute for Clinical Excellence, the Secretary of State may not give directions which have the effect of prescribing or prejudging the conclusions of the Institute in any particular enquiry.'.
Mr John Denham
89
Clause 10, page 16, leave out lines 19 to 23.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
114
Clause 10, page 16, line 23, leave out 'specialist'
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
113
Clause 10, page 16, line 23, at end insert 'where that body reasonably determines that the patient will benefit from such a referral'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
51
Clause 10, page 16, line 23, at end insert—
'(3A) The power conferred by subsection (1) above shall be exercised so as to require the employment as specialists of only those who are appointed to a consultant post under the National Health Service (Appointment of Consultants) Regulations or who are responsible to a named consultant employed by that body.'.
Mr John Denham
90
Clause 10, page 17, line 33, leave out '11'.
Mr John Denham
91
Clause 10, page 17, line 40, leave out '11'.
Mr John Denham
92
Clause 10, page 18, line 1, leave out ' "17" there is substituted "17B' and insert ' "11 to 17" there is substituted "16 to 17B'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
149
Clause 11, page 18, line 12, after 'provide', insert 'or commission the provision of'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
145
Clause 11, page 18, line 14, at end insert—
'(6B) The functions which shall be specified in an Order under subsection (1) above include a duty to comply with any direction the Secretary of State may make in respect of the introduction of an occupational health service.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
160
Clause 11, page 18, line 40, at end insert—
'( ) In paragraph 6(2) of Schedule 2 to that Act (specific duties), after subparagraph (f) there is inserted—
"(g) the establishment of the number of consultant posts recommended centrally in order to deliver a consultant-based service.".'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
150
Clause 11, page 18, line 43, after 'provide', insert 'or commission'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
169
Clause 11, page 18, line 43, at end insert—
'(7A) In paragraph 6(2) of schedule 2 to that Act (specific duties), after subparagraph (f) there is inserted—
"(g) a duty to limit the hours worked by doctors in the training grades to a maximum average of 56 hours actually worked per week and a maximum average of 72 hours' duty, including time "on call", which shall include rest periods in accordance with directions issued by the Secretary of State.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
115
Clause 12, page 19, line 10, leave out 'to any significant extent interfere with the' and insert 'substantially interfere with the fundamental'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
147
Clause 12, page 19, line 11, leave out from first 'the' to 'and' in line 12 and insert 'provision of services to NHS patients by the NHS trust or by any other health service body, and'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
151
Clause 12, page 19, line 14, at end insert—
'(c) subject to the duty of co-operation with other providers of health care imposed by section 23 of the Health Act 1999.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
148
Clause 12, page 19, line 14, at end insert—
'(9A) The Secretary of State, in deciding whether to give his consent under paragraph (b) of subsection (9) above, shall have particular regard to the effect of giving such consent on the exercise of his own powers under section 7 (2) and (8) of the Health and Medicines Act 1988'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
116
Clause 14, page 20, line 6, at end insert 'and The Secretary of State shall publish full details of such determinations annually'.
Mr John Denham
183
Clause 16, page 20, line 20, leave out 'Primary Care Trust, and each NHS trust' and insert 'Health Authority, Primary Care Trust and NHS trust'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
170
Clause 16, page 20, line 20, after second 'trust', insert 'each Health Authority, each Primary Care Group, and each NHS Executive Regional Office, and other commissioners of tertiary services,'.
Mr Michael Fabricant
134
Clause 16, page 20, line 22, leave out from 'improving' to end of line and insert—
'(a) the quality of health care which it provides to individuals, and
(b) the cost-effectiveness of care as against the provision of preventative medicines and treatments.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
171
Clause 16, page 20, line 22, after 'it', insert 'commissions for or'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
139
Clause 16, page 20, line 22, at end insert 'in accordance with the principle that there should be no discrimination on the basis of age, race, sex and sexual orientation except where clinically justified.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
8
Clause 16, page 20, line 22, at end insert—
'(1A) The Secretary of State shall publish annually a report on the progress made by PCTs and NHS trusts in carrying out their duty under subsection (1) above.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
136
Clause 16, page 20, line 22, at end insert—
'(1A) The reference in subsection (1) to monitoring includes the monitoring by ethnic origin of individuals receiving health care.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
152
Clause 16, page 20, line 22, at end insert—
'(1A) It is the duty of the Secretary of State to ensure that each primary care trust and each NHS trust has such resources as he determines are adequate to implement the duty conferred by subsection (1) above.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
172
Clause 16, page 20, line 22, at end insert—
'(1A) It is the duty of the Secretary of State to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care which he commissions in pursuance of his duty under section 1 of the National Health Service Act 1977.'.
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