Health Bill [H.L.]

Health Bill [H.L.] - continued	House of Commons

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SCHEDULE 4

AMENDMENTS OF ENACTMENTS

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1. In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (g) of paragraph 1 there is inserted-

"(gg) Primary Care Trusts;".

Health Services and Public Health Act 1968 (c. 46)

2. In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)-

(a) in subsection (1)(a), for "or Special Health Authority or a Health Board" there is substituted "Special Health Authority, Health Board or Primary Care Trust",

(b) in subsection (5A), for "or Special Health Authority" in both places there is substituted "Special Health Authority or Primary Care Trust",

"(bb) Primary Care Trusts".

The 1977 Act

3. The 1977 Act is amended as follows.

4. In section 8 (Health Authorities)-

(a) in subsection (2), for "act" there is substituted "be established",

(b) in subsection (3)(a), for "act" there is substituted "be established",

"(d) change the name by which a Health Authority are known",

(d) in subsection (5)-

(i) in paragraph (a), for "acting" there is substituted "established",

(ii) in paragraph (b), for "act" there is substituted "are established".

5. In section 11 (Special Health Authorities), for subsection (1) there is substituted-

"(1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act."

6. In section 12 (supplementary provisions for sections 8 and 11), subsection (1) is omitted.

7. In section 15 (duty of Health Authority in relation to family health services), subsections (1B) to (1D) are omitted.

8. For section 16 (exercise of functions) there is substituted-

"Exercise of functions by Health Authorities and Special Health Authorities.	16. - (1) This subsection applies to functions which are exercisable by a Health Authority under or by virtue of this Act (including this section), the National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.
	(2) Regulations may provide for any functions to which subsection (1) above applies to be exercised-
	(a) by another Health Authority,
	(b) by a Special Health Authority, or
	(c) jointly with any one or more of the following: Primary Care Trusts and other Health Authorities.
	(3) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised-
	(a) by another Special Health Authority, or
	(b) jointly with one or more other Special Health Authorities.
	(4) Regulations may provide-
	(a) for any functions to which subsection (1) above applies to be exercised, on behalf of the Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Health Authority,
	(b) for any functions which, under section 16D below or 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 exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee."

9. After section 16B there is inserted-

"Advice for Health Authorities and Primary Care Trusts.	16C. - (1) Every Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.
	(2) This section applies to Primary Care Trusts as it applies to Health Authorities."

10. In section 26 (supply of goods and services by Secretary of State)-

(a) in subsection (1)(b), after "by him" there is inserted "or by a Primary Care Trust" and for "or Special Health Authority" there is substituted "Special Health Authority or Primary Care Trust",

(b) in subsection (3), for "or Special Health Authority" (in both places) there is substituted "Special Health Authority or Primary Care Trust",

(c) in subsection (4)(b), for "or Special Health Authorities" there is substituted "Special Health Authorities or Primary Care Trusts".

11. - (1) Section 27 (conditions of supply under section 26) is amended as follows.

(2) In subsection (1), for "or Special Health Authority" (in both places) there is substituted "Special Health Authority or Primary Care Trust".

(3) In subsection (3)-

(a) for "and Special Health Authorities", in the first place where the words appear, there is substituted "Special Health Authorities and Primary Care Trusts",

(b) the words from "and it shall" to the end are omitted.

12. In section 28 (supply of goods and services by local authorities)-

(a) in subsection (1), for "and any Special Health Authority" there is substituted "Special Health Authority or Primary Care Trust",

(b) in subsection (3), after "Special Health Authorities" (in both places) there is inserted "Primary Care Trusts".

13. - (1) Section 28A (power to make payments towards expenditure on community services) is amended as follows.

(2) In subsection (2), for "An authority to whom" there is substituted "A body to which".

(3) Subsections (4) and (8)(a) are omitted.

(4) In subsection (9)-

(a) for "expenditure which has been recommended by a joint consultative committee for a payment under this section" there is substituted "the expenditure in respect of which a payment under this section is proposed to be made",

(b) in paragraph (a), for "authority" there is substituted "body",

(d) in paragraph (b), after "subsection (2) above" there is inserted ", or in subsection (2A) above,", and

(e) for sub-paragraphs (i) and (ii) there is substituted "which conform with the conditions prescribed for payments of that description under subsection (5) above."

14. In section 28C(4) (personal medical or dental services), for "13" there is substituted "16D".

15. In section 28D (persons who may provide personal medical or personal dental services)-

(a) in subsection (1), after paragraph (e) there is inserted-

"(f) a Primary Care Trust;",

(b) in subsection (2), in paragraph (a) of the definition of "qualifying body", for "paragraphs (a) to (d)" there is substituted "paragraph (a), (b), (c), (d) or (f)".

16. In section 29A(3)(b) of the 1977 Act (medical lists), for the words from first "disqualified" to "46" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".

17. In section 48 (disqualification provisions in Scotland or Northern Ireland)-

(a) in paragraph (a), for the words from "services" to "above" there is substituted "any of the services mentioned in any of the paragraphs of section 46(8) above",

(b) in paragraph (b), at the beginning there is inserted "in relation to the services in question" and for the words from "a list" to the end there is substituted "any list and (if also the subject of a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him.

	(2) Where under the conditional disqualification provisions in Scotland or Northern Ireland-
	(a) any conditions are imposed in relation to the provision by any person of any services mentioned in section 46(8) above, or
	(b) any conditions so imposed are varied,
	the Secretary of State may, by a notice in writing given to each Health Authority and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part of this Act.
	(3) A notice under subsection (2) above may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to England and Wales as they have in relation to Scotland or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.
	(4) Conditions imposed by a notice under subsection (2) above shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.
	(5) In this section, "the conditional disqualification provisions in Scotland or Northern Ireland" means any provisions in force in Scotland or Northern Ireland corresponding to sections 46C and (so far as relating to conditional disqualifications) 47 above."

18. In section 49 (regulations as to sections 46 to 48)-

(a) in paragraph (c), after "disqualifications" there is inserted "or conditions",

(b) at the end of that section there is inserted-

"(2) Regulations under subsection (1)(a) above may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely."

19. In section 49A (application for interim suspension)-

(a) after subsection (1) there is inserted-

"(1A) A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates",

(b) in subsection (2), for the words from "it" to "patients" there is substituted "either of the conditions for doing so is satisfied" and after "in question" there is inserted "or the case to which the review in question,",

	"(2A) The conditions for giving such a direction are-
	(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,
	(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that-
	(i) an act or omission within section 46(7)(a) above will occur, or
	(ii) the investigation of the case or the review will be prejudiced",

(d) in subsection (3)(c), for the words from "under" to "engaged in" there is substituted "of unfitness in relation to",

(e) in subsection (4), after "case" there is inserted "or review",

(f) subsection (5) is omitted,

(g) in subsection (6)(a), "prepared under this Part of this Act" is omitted.

20. In section 49B (continuation of suspension pending appeal)-

(a) for subsection (1) and the preceding sidenote there is substituted-

"Suspension pending appeal.

49B. - (1) Where, on disposing of a case under section 46B above, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 49A(2A) above is satisfied, direct that section 49A(3) above shall apply or, if a direction has been given under section 49A(2) above, shall continue to apply to him as respects services of the kind to which the disqualification relates",

(b) in subsection (2), in paragraph (a), for "direction under section 46(2)(b) above" there is substituted "national disqualification" and, in paragraph (b), for "that direction" there is substituted "the disqualification",

(c) in subsection (3), for the words from "direction" to "section 46(2)(c) above" there is substituted "disqualification which is not coupled with a declaration of unfitness",

(d) subsection (4) is omitted.

Prepared 26 May 1999