Amendments proposed to the Health Service Commissioners (Amendment) Bill - continued House of Commons

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Mr Andrew Dismore

13

Page     1,     line     20     [Clause     1],     at end insert—

    '(4) In subsection (1) of section 5 (exercise of clinical judgment) after the word "investigation" insert "but, in the event that the person the subject of the complaint has retired or resigned from the National Health Service, may refer the complaint to the professional body of the registered medical practitioner, dentist or nurse'.

   

Mr Andrew Dismore

14

Page     1,     line     20     [Clause     1],     at end insert—

    '(4) Schedule 10 of the Government of Wales Act 1998 (which amends the Health Service Commissioners Act 1993) is amended, by inserting at the end of paragraph 11—

"Remedies available to Commissioner.14D. In any report published under section 14, 14A, 14B or 14C, relating to a person who has retired or resigned from the National Health Service, the Commissioner may order that—

      (a) the complainant should be awarded an ex-gratia payment;

      (b) the complainant should receive—

          (i) an explanation; or

          (ii) an apology

    from any health body or registered medical practitioner, dentist or nurse criticised in the report.".'.

   

Mr Andrew Dismore

15

Page     1,     line     20     [Clause     1],     at end insert—

    '(4) After section 3 (general remit of Commissioners) insert—

"Investigations raising issues within remit of Commissioner for Local Administration.3A.—(1) If, during the course of an investigation into a person who has retired or resigned from the National Health Service under this Act, the Commissioner believes it is necessary to look into an issue relating to care provided by a local authority to enable him properly to complete his investigation under this Act, the Commissioner shall be entitled to adopt the powers of the Commissioner for Local Administration to the extent that it is necessary for him to do so, so as to complete that investigation.

    (2) If the Commissioner decides to use the powers afforded by subsection (1) he shall—

      (a) notify the Commissioner for Local Administration—

          (i) of his decision to do so; and

          (ii) of his findings upon conclusion of the investigation; and

      (b) supply a copy of any relevant report he publishes to the Commissioner for Local Administration.".'.

   

Mr Andrew Dismore

16

Page     1,     line     20     [Clause     1],     at end insert—

    '(4) After section 18 (consultation during investigations) insert—

"Power and obligation to advise.18A. If, during the course of his duty to investigate a complaint about a person who has retired or resigned from the National Health Service, the Commissioner believes he should give advice to—

      (a) the Secretary of State;

      (b) a health authority;

      (c) a NHS trust;

      (d) any other health service body;

      (e) any registered medical practitioner;

      (f) any medical professional body

    he shall do so.".'.

   

Mr Secretary Milburn

11

Page     1,     line     24     [Clause     2],     at end insert—

    '( ) This Act does not extend to Northern Ireland.'.


   

Mr Andrew Dismore

17

Title,     at end add 'to extend the provisions of the Act to persons who have retired or resigned from the National Health Service; and for related purposes.'.

   

Mr Andrew Dismore

18

Title,     at end add 'to extend the provisions of the Act to include providers of private medical care; to empower Commissioners to refer complaints to professional bodies; to provide for additional remedies to be available to complainants; to permit Commissioners to investigate matters relating to local authority care; to empower and oblige Commissioners to offer advice; to extend the provisions of the Act to persons who have retired or resigned from the National Health Service; and for related purposes.'.


 
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