S.C.E.
Amendment Paper as at
Tuesday 23rd January 2001
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HEALTH AND SOCIAL CARE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January]:
Mr Paul Burstow
Dr Peter Brand
31
Clause 16, page 11, line 38, after 'run', insert 'or that the body has practised discrimination by reason of age,'.
Dr Liam Fox
Mr Philip Hammond
62
Clause 16, page 11, line 42, at end insert ', but no such order under this section shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.'.
Mr Paul Burstow
Dr Peter Brand
41
Clause 16, page 11, line 42, at end insert—
'(1A) In making such an order the Secretary of State shall place a report in the Libraries of both Houses of Parliament detailing his reasons and the measures he proposes to take.'.
Dr Liam Fox
Mr Philip Hammond
65
Clause 2, page 3, line 1, leave out 'performed well against any' and insert 'met the performance'.
Dr Liam Fox
Mr Philip Hammond
66
Clause 2, page 3, line 3, leave out from 'functions' to end of line 5.
Mr Paul Burstow
Dr Peter Brand
22
Clause 2, page 3, line 5, at end insert—
'provided that they have not been found to have practised any form of discrimination by age.'.
Dr Peter Brand
Mr Paul Burstow
40
Clause 2, page 3, line 5, at end insert—
'(c) Subject to paragraph 5A(2) of Schedule 3 to the National Health Service and Community Care Act 1990, payments may be made to improve unsatisfactory performance against those criteria set out in paragraph (b) above'.
Dr Liam Fox
Mr Philip Hammond
67
Clause 2, page 3, line 5, at end insert—
'(3CC) The Secretary of State shall within 28 days of notifying objectives or criteria to Health Authorities publish details of them as—
(i) objectives to be met in performing their functions; and
(ii) criteria relevant to the satisfactory performance of their functions
together with details of the methods of measuring their performance against those objectives and criteria which he will use in assessing them for payments of further sums to them in accordance with subsection (3C) above.'.
Dr Liam Fox
Mr Philip Hammond
68
Clause 2, page 3, line 5, at end insert—
'(3CC) The Secretary of State shall publish annually a report detailing, in respect of each Health Authority to which he has made payments under subsection (3C) above—
(a) the objectives notified to that Health Authority under (3C)(a) above; and
(b) the criteria notified to that Health Authority under paragraph (3C)(b) above; and
(c) the methods of measuring their performance which he has used in assessing them for payment of further sums in accordance with subsection (3C) above; and
(d) his assessment of their performance against the objectives notified in accordance with paragraph (3C)(a) above and the criteria notified in accordance with paragraph (3C)(b) above; and
(e) the further sums paid to them in accordance with subsection (3C) above.'.
Dr Liam Fox
Mr Philip Hammond
69
Clause 3, page 3, line 15, at end insert—
'(5B) If the Secretary of State makes any payment under subsection (5A) above he shall publish details of such payment and the reasons he considered it appropriate to make such payment.'.
Dr Liam Fox
Mr Desmond Swayne
72
Clause 4, page 4, line 6, at end insert—
'(3A) The Secretary of State shall publish not later than the 31st December in each year an audited statement of his assets and liabilities (including contingent liabilities) under arrangements made under this section at 31st March in that year.'.
Mr Paul Burstow
Dr Peter Brand
23
Clause 4, page 4, line 15, at end add—
'(6) For the purpose of subsection (1) above, the Secretary of State shall make regulations to establish and require systems of operation that safeguard patient interests, in particular to ensure adequate care standards, accountability and transparency.
(7) Before making any regulations under subsection (6) above, the Secretary of State shall consult such bodies who represent the interests of those likely to be affected by the regulations.'.
Dr Liam Fox
Mr Desmond Swayne
73
Clause 5, page 4, line 27, at end add—
'(7AA) The Secretary of State shall publish not later than the 31st December in each year an audited statement of his assets and liabilities (including contingent liabilities) under arrangements made under subsection (7A) above at 31st March in that year.'.
Dr Liam Fox
Mr Philip Hammond
70
Clause 6, page 5, line 15, leave out 'and any directions given' and insert 'made'.
Dr Liam Fox
Mr Philip Hammond
71
Clause 6, page 5, line 40, leave out 'and any directions given' and insert 'made'.
Mr John Denham
98
*Clause 25, page 19, line 1, leave out from beginning to end of line 3.
Mr John Denham
99
*Clause 25, page 19, line 20, at end insert—
'( ) circumstances in which a person included in a supplementary list may not withdraw from it,'.
Mr John Denham
100
*Clause 26, page 20, line 10, leave out 'section 19 of'.
Mr John Denham
101
*Clause 26, page 20, line 19, after 'practitioners' insert 'and dental corporations'.
Mr John Denham
102
*Clause 26, page 21, line 40, leave out 'Council' and insert 'body'.
Mr John Denham
103
*Clause 26, page 22, line 28, leave out '(4)' and insert '(6)'.
Mr John Denham
104
*Clause 26, page 22, line 47, leave out 'or shorten its period'.
Mr John Denham
105
*Clause 26, page 23, line 1, leave out 'conditional' and insert 'contingent'.
Mr John Denham
106
*Clause 26, page 23, line 2, leave out 'conditional' and insert 'contingent'.
Mr John Denham
107
*Clause 26, page 23, line 12, leave out 'conditionally' and insert 'contingently'.
Mr John Denham
108
*Clause 26, page 23, line 21, leave out 'conditional' and insert 'contingent'.
Mr Paul Burstow
Dr Peter Brand
32
Clause 26, page 24, line 8, leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Peter Brand
33
Clause 26, page 24, line 9, after 'profession', insert 'and all other Health Authorities'.
Mr John Denham
109
*Clause 27, page 25, line 10, leave out from beginning to end of line 11.
Mr John Denham
110
*Clause 27, page 25, line 28, at end insert—
'( ) circumstances in which a person included in a services list may not withdraw from it,'.
Mr John Denham
111
*Clause 27, page 26, line 40, leave out from beginning to end of line 41.
Mr John Denham
112
*Clause 27, page 27, line 9, at end insert—
'( ) circumstances in which a person included in a services list may not withdraw from it,'.
Mr Paul Burstow
Dr Peter Brand
34
Clause 28, page 28, line 39, at end insert 'such number being equivalent to at least fifty per cent of the total membership of the FHSAA'.
Mr John Denham
113
*Clause 28, page 29, line 10, at end insert—
'( ) In the National Health Service (Primary Care) Act 1997—
(a) in section 22 (supplementary regulations about personal medical or dental services), in the section 28E to be inserted into the 1977 Act, in subsection (7)(e), for "Tribunal constituted under section 46" there shall be substituted "Family Health Services Appeal Authority constituted under section 49N"; and
(b) in Schedule 1 (preferential treatment on transferring to medical lists), in paragraph 9(a), for "Tribunal constituted under section 46" there shall be substituted "Family Health Services Appeal Authority constituted under section 49N".'.
