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Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
258
Clause 60, page 67, line 6, at end add—
'(4) Sections 40 to 53 of this Act shall not come into force unless an Order to that effect has been approved by the Scottish Parliament'.
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond
50
Clause 61, page 67, line 9, leave out 'Part II extends only to Scotland'.
Mr John Denham
216
Clause 61, page 67, line 16, at end insert 'and Northern Ireland'.
Mr John Denham
204
Clause 62, page 67, line 18, leave out subsection (2).
NEW CLAUSES
Transfer of staff among health service bodies
Mr Calum Macdonald
NC13
To move the following Clause:—
'. After section 12C of the 1978 Act there is inserted—
| "Transfer of staff among health service bodies. | 12CA.—(1) This section applies to any person who is—
(2) A scheme under this section shall not have effect unless approved by the Secretary of State.
(3) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the transferee authority.
(4) Without prejudice to subsection (3)—
(a) all the transferor authority's rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the transferee authority on the transfer date; and
(b) anything done before the transfer date by or in relation to the transferor authority in respect of that contract shall be deemed from that date to have been done by or in relation to the transferee authority.
(5) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
(6) A scheme under this section may designate a person either individually or as a member of a class or description of employees.
(7) In this section—
a 'health service body' is a body mentioned in section 17A(2); and
the 'transfer date' is the date on which the function is transferred from the transferor authority to the transferee authority.".'.
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Power to rectify transitional provisions etc.
Mr John Denham
NC15
*To move the following Clause:—
'Rectification of transitional arrangements
.—(1) The Secretary of State may by order make such provision as he considers appropriate in consequence of the matters mentioned in subsection (2) (the "relevant defects").
(2) Those matters are—
(a) the omission from Part III of Schedule 2 to the Health Authorities Act 1995 (Transitional Provisions) Order 1996 (which determined the relevant Health Authority in relation to any Family Health Services Authority in England whose locality comprised or formed part of the area of more than one Health Authority) of an entry for Bromley Family Health Services Authority,
(b) the inclusion in Part III or IV of Schedule 1 to that order (which determined the relevant Health Authority in relation to any Family Health Services Authority whose locality comprised or formed part of the area of only one Health Authority) of an entry for any Family Health Services Authority in England or Wales whose locality comprised or formed part of the area of more than one Health Authority (and an entry for which should accordingly have been included in Part III or IV of Schedule 2 to that order),
(c) the omission from column 2 of the entry for any Family Health Services Authority in Part III or IV of Schedule 2 to that order (which together with column 3 of that entry specified the relevant Health Authorities in relation to that Family Health Services Authority) of any Health Authority whose area or any part of whose area forms part of the locality of the Family Health Services Authority and which was not included in column 3 of that entry,
(i) the locality of a Family Health Services Authority and the area of a Health Authority overlap but do not coincide, and
(ii) the Family Health Services Authority had compiled a list of persons residing in its locality,
the treatment, incorrectly, by a Health Authority of a person included in that list as residing, or as not residing, in their area.
(3) Provision that may be made under subsection (1) includes, in particular—
(a) provision amending the Health Authorities Act 1995 (Transitional Provisions) Order 1996,
(b) provision transferring, or adding, the name of any Part II practitioner to any Part II list in which he is (or, at the material time, was) not included because of any of the relevant defects,
(c) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been done by or in relation to the proper authority or a person of that description identified by reference to the proper authority,
(d) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been so done in the exercise by them or him of functions on behalf of the proper authority or a person of that description identified by reference to the proper authority.
(4) Any provision made by an order under this section may be made with effect from any date after 31st March 1996 specified in the order.
(5) Provision contained in an order under this section by virtue of clause 55(2)(a) may include provision conferring functions on the Secretary of State.
(6) In subsection (3)(b)—
"Part II practitioner" means a person who provides (or, at any time since 31st March 1996, has provided) general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made or treated as made (or which, but for any of the relevant defects, would have been made or treated as made) under Part II of the 1977 Act,
"Part II list" means a list kept by a Health Authority under section 29(2)(a), 36(1)(a), 39(a) or 42(2)(a) of that Act (lists of persons providing general medical, general dental, general ophthalmic or pharmaceutical services).
(7) In subsection (3)(c) and (d), in relation to anything done by or in relation to a Health Authority or person identified by reference to a Health Authority—
"acting authority" means the Health Authority by or in relation to whom the thing was done or person was identified because of any of the relevant defects,
"proper authority" means the Health Authority by or in relation to whom the thing should have been done or by reference to whom the person should have been identified.'.
Arrangements with the Audit Commission
Mr John Denham
NC16
*To move the following Clause:—
'.—(1) If requested to do so by the Commission in any particular case, the Audit Commission may join with the Commission in exercising—
(a) the Commission's functions under section 18(1)(b) or (d), or
(b) any functions of the Commission—
(i) which are conferred under section 18(1)(e),
(ii) which correspond to its functions under section 18(1)(b), and
(iii) which relate to Health Authorities or Special Health Authorities.
(2) If requested to do so by the Audit Commission in any particular case, the Commission may assist the Audit Commission in the exercise of its functions under section 33(1) of the Audit Commission Act 1998 so far as they relate to any body specified in section 98(1) of the 1977 Act.
(3) For the purposes of subsection (1), the Commission's functions under paragraph (b) or (d) of section 18(1) are to be treated as including the function of conducting and making reports on studies designed to improve—
(a) economy, efficiency and effectiveness in the performance of any functions of the persons mentioned in that paragraph, and
(b) the management of those persons.
(4) For the purposes of subsection (1), the Commission's functions mentioned in subsection (1)(b) are to be treated as including the function of conducting and making reports on studies designed to improve—
(a) economy, efficiency and effectiveness in the performance of any functions of the bodies mentioned in subsection (1)(b)(iii) to which those functions of the Commission relate, and
(b) the management of those bodies.
(5) Any report prepared by virtue of subsection (1) is to be prepared by the Commission acting in conjunction with the Audit Commission.
(6) The Audit Commission may not act as mentioned in subsection (1) unless, before it does so, the Commission has agreed to pay the Audit Commission an amount equal to the full costs incurred by the Audit Commission in so acting.
(7) The Commission may not act as mentioned in subsection (2) unless, before it does so, the Audit Commission has agreed to pay the Commission an amount equal to the full costs incurred by the Commission in so acting.
(8) Any reference in subsection (5) or (6) to subsection (1) is a reference to that subsection as read with subsections (3) and (4).
(9) In this section "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.'.
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