S.C.A.
Amendment Paper as at Thursday 20th 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.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
253
Clause 54, page 64, line 38, at end insert
'(c) for the protection of the title of any group of practitioners which appears to her to be concerned (wholly or partly) with the physical or mental health of individuals.'
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
244
Clause 54, page 65, line 3, leave out from '1960' to first 'to' in line 4 and insert 'is'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
261
Clause 54, page 65, line 3, leave out from '1960' to end of line 4 and insert'is to cease to have effect on such day as the provisions to which subsection (3A) apply come into force.
(3A) The provisions referred to in subsection (3) are those mentioned in sub-paragraphs (1) and (2) of paragraph 8B of Schedule 3 to this Act.
(3B) The Nurses, Midwives and Health Visitors Act 1997 is to cease to have effect.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
256
Clause 54, page 65, line 4, at end insert 'in respect of any profession subject to the provisions of those Acts on the day on which an Order made under subsection (1) above in relation to that profession comes into force.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
245
Clause 54, page 65, line 6, at end add
'(4A) The Secretary of State may by Order repeal the Nurses, Midwives and Health Visitors Act 1997, but no such Order shall be made unless the Secretary of State has already made an Order under section (Regulation of midwifery).'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
246
Schedule 3, page 78, line 12, at end insert
'( ) the creation of criminal offences in relation to the unauthorised or fraudulent use (whether expressly or by implication) of any professional title, including "practitioner"; "physician"; or "therapist" in relation to any profession (or any other title specific to a particular profession which the Secretary of State may by Order designate).'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
254
Schedule 3, page 78, line 17, at end insert
'(k) the protection of title of any profession.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
262
Schedule 3, page 79, line 7, after 'profession', insert 'to which section 54(2)(a) applies'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
227
Schedule 3, page 79, line 16, at end insert
'(2A) Where an enactment provides, in relation to any profession, for the functions mentioned in sub-paragraphs (2)(b) and (2)(d) to be exercised by the regulatory body or any of its committees or its officers, the Order must provide that the majority of persons carrying out these functions shall be drawn from the profession to be regulated.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
263
Schedule 3, page 79, line 18, leave out 'the Professions Supplementary to Medicine Act 1960 or'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
255
Schedule 3, page 79, line 19, at end insert
'8A. Where an Order provides for any functions mentioned in paragraph 8(2) to be exercised by a regulatory body, or any of its committees or officers, those functions shall be exercised only by a committee of the regulatory body comprised of a majority of members of the profession to which those functions relate.'.
Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith
264
Schedule 3, page 79, line 19, at end insert
'8B(1) In relation to each profession to which section 54(2)(c) applies, an Order may provide that the functions mentioned in sub-paragraph (2) are to be exercised by a single-profession body and by sub-committees of such a body, the majority of members of which, and the Chairman of which, shall be members of the profession in question.
(2) The functions are
(a) keeping the register of members admitted to practice;
(b) education and training before and after admission to practice;
(c) privileges of members admitted to practice;
(d) administering procedures (including making and enforcing rules, undertaking investigations and determining appeals) relating to (among other matters)
(i) standards of conduct,
(ii) misconduct and disciplinary matters,
(iii) fitness to practise,
(iv) adherence to standards of professional performance,
(v) other matters of professional self-regulation.
(3) In sub-paragraph (1) "single-profession body" means a body on which a single profession is represented.'.
Mr John Denham
259
Schedule 3, page 79, line 34, leave out from second 'Parliament' to end of line 35 and insert
'(a) the Secretary of State's duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and
(b) sub-paragraph (4) shall apply instead of sub-paragraph (2).
(4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.'
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
81
Clause 59, page 66, line 14, leave out subsection (1).
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
31
Clause 40, page 46, line 10, at end insert 'from 31st March 2000.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
17
Page 46, line 8, leave out Clause 40.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
18
Page 46, line 12, leave out Clause 41.
Mr Calum Macdonald
247
Clause 42, page 47, line 12, after 'functions' insert '
Mr Calum Macdonald
248
Clause 42, page 47, line 14, at end insert '; or
(b) relating to pilot schemes under Part I of the National Health Service (Primary Care) Act 1997; or
(c) relating to arrangements under section 17C for the provision of personal medical services and personal dental services.'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
19
Page 47, line 9, leave out Clause 42.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
20
Page 47, line 15, leave out Clause 43.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
21
Page 47, line 25, leave out Clause 44.
Mr Calum Macdonald
249
Clause 45, page 47, line 36, after 'trust', insert 'and of the Agency'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
22
Page 47, line 34, leave out Clause 45.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
23
Page 48, line 5, leave out Clause 46.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
24
Page 50, line 39, leave out Clause 47.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
25
Page 51, line 14, leave out Clause 48.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
26
Page 51, line 29, leave out Clause 49.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
27
Page 51, line 39, leave out Clause 50.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
28
Page 53, line 19, leave out Clause 51.
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