Vote Bundle Text (990610-07)

Amendments proposed to the Health Bill [Lords], As Amended - continued	House of Commons

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Mr William Hague

Mr Peter Lilley

Mr James Arbuthnot

Miss Ann Widdecombe

Mr Alan Duncan

Mr Philip Hammond

144

*Page 52, line 22 [Clause 45], at end insert—

'(1A) The Secretary of State may, by Order—

(a) grant any individual provider of general medical services leave to withdraw from any estabished Primary Care Trust.

(b) grant any individual provider of general medical services leave to withdraw from the direct budgetary control of a Health Board, or sub-committee thereof.

(1B) Any provider of general medical services given leave under subsection (1) above shall take on such powers, functions, and budget as may be prescribed by the Secretary of State.'.

Mr Secretary Dobson

Page 62 [Clause 57], leave out lines 8 to 13 and insert—

'(a) shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and

(b) may consult such other persons as he considers appropriate.'.

Mr Secretary Dobson

Page 62, line 21 [Clause 57], leave out 'revised' and insert 'varied'.

Mr Secretary Dobson

Page 63, line 38 [Clause 57], leave out 'revocation or revision' and insert 'or revocation'.

Mr Secretary Dobson

Page 64, line 5 [Clause 57], leave out subsection (4).

Mr William Hague

Mr Peter Lilley

Mr James Arbuthnot

Miss Ann Widdecombe

Mr Alan Duncan

Mr Philip Hammond

145

*Page 72, line 12 [Clause 60], at end insert—

'(c) for the protection of the common 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 William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

167

*Page 72, line 12 [Clause 60], at end insert—

'(1A) Any order made under subsection (1) above shall provide for a single regime of regulation for any profession throughout the United Kingdom.'.

Audrey Wise
Mr Harry Cohen
Mrs Gwyneth Dunwoody

Page 72, line 22 [Clause 60], at end insert—

'(2A) Any Order in Council for the regulation of the professions regulated prior to the coming into force of subsection (3) above by the Nurses, Midwives and Health Visitors Act 1997 shall, so far as midwifery is concerned, make particular provision for

(a) the involvement of users of midwifery services in the development of those services;

(b) the maintenance of appropriate standards for clinical practice and supervision; and

separate from any provision which relates to a nursing profession.'.

Mr William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

169

*Page 72, line 22 [Clause 60], at end add—

'(2A) The Secretary of State shall lay a report annually before Parliament, specifying—

(1) the number of persons admitted to practise in each of the professions regulated under this section, and

(2) the number of persons in training in the NHS for each of those professions, and

(3) the current and projected employment levels in the NHS for each of those professions for the current year and each of the suceeding ten years.'.

Mr Secretary Dobson

Page 72 [Clause 61], leave out lines 30 to 34 and insert—

'(1A) Directions under section 20 or 28 or Schedule 2, or by virtue of section 38(1)(b), are to be given by an instrument in writing.

(1B) Any such directions may be varied or revoked by subsequent directions under, or by virtue of, the same provision.

(2) Subsections (4) and (5) of section 126 of the 1977 Act (supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations, or to give directions mentioned in subsection (1A), as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section'.

Mr Secretary Dobson

Page 72, line 35 [Clause 61], leave out 'subsection (2)' and insert 'subsection (4) of that section'.

Mr Secretary Dobson

Page 72, line 36 [Clause 61], after ' 31' insert 'or an Order in Council under section (English and Scottish border provisions)'.

Mr William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

183

*Page 73 [Clause 61], leave out lines 7 to 14.

Mr Secretary Dobson

Page 73, line 14 [Clause 61], at end insert—

'( ) No recommendation is to be made to Her Majesty to make an Order in Council under section (English and Scottish border provisions) unless a draft—

(a) has been laid before, and approved by resolution of, each House of Parliament, and

(b) has been laid before, and approved by resolution of, the Scottish Parliament'.

Mr William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

184

*Page 73, line 14 [Clause 61], at end insert—

'(g) No Orders or Regulations made under Part II of this Act shall come into force unless approved by an affirmative resolution of the Scottish Parliament.'.

Mr Secretary Dobson

Page 73, line 28 [Clause 63], at end insert—

'( ) "NHS trust" has the same meaning—

(a) in Part I of this Act as in the 1977 Act,

(b) in Part II of this Act as in the 1978 Act.'.

Mr William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

168

*Page 73 [Clause 65], leave out lines 33 to 35.

Mr Secretary Dobson

Page 73, line 35 [Clause 65], at end insert 'but this subsection does not apply to section 22.'.

Mr Secretary Dobson

Page 73, line 36 [Clause 65], leave out from beginning to end of line 18 on page 74 and insert—

'(2) The power of a Minister of the Crown under section 66 to appoint a day for any of the following provisions to come into force in relation to Wales—

(a) sections 1 to 8, 10 to 18 and Schedule 1,

(b) sections 26 to 32,

(c) section 64(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 15, 22 to 25, 26(a), 27 to 34, 36, 37 (except sub-paragraph (2)(b) and (d)), 38, 39, 69, 70, 72, 73, 74(b), 75 to 78, 79 (except sub-paragraph (2)(b)), 81, 82, 83 (except sub-paragraph (2)(a)) and 85 to 88,

is exercisable instead by the National Assembly for Wales.

(3) In Schedule 5 to the Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—

(4) The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions).

(5) In Schedule 1—

(a) in the entry for the 1977 Act, after paragraph (c) there is inserted—

"(cc) section 43C;

(ccc) sections 46 to 49E",

(b) at the end of the entry for the 1990 Act, there is inserted—

The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect",

(a) Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2);

(b) section 62, so far as it relates to any of the provisions which, by virtue of section 65(2), may be brought into force by the Assembly".

(6) In Schedule 2, after the entry for the Audit Commission Act 1998, there is inserted—

"Health Act 1999

The functions of the Secretary of State under paragraphs 4 to 7 of Schedule 2 shall be exercisable only after consultation with the Assembly".'.

Mr William Hague
Mr Peter Lilley
Mr James Arbuthnot
Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

185

*Page 74, line 23 [Clause 66], at end insert—

'(2A) Sections 45 to 59 shall not come into force unless the Scottish Parliament has passed a resolution to that effect.'.