S.C.E.
Amendment Paper as at
Thursday 25th 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]:
Dr Liam Fox
Mr Philip Hammond
178
Clause 20, page 14, line 6, leave out from 'shall' to end of line 7 and add 'be substituted with—
(4) The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall, at least in part be dependent upon the quality and outcome of the services provided and shall not ordinarily consist wholly or mainly of a fixed salary.'.
Dr Liam Fox
Mr Philip Hammond
168
Clause 21, page 14, line 21, leave out 'another' and insert 'any other'.
Dr Liam Fox
Mr Philip Hammond
169
Clause 21, page 14, line 26, at end insert ', including requirements as to the provision of information on services provided to the principal'.
Mr John Denham
116
Clause 22, page 15, line 6, at end insert—
'( ) In section 29A (medical lists), after subsection (4) there shall be inserted—
"(4A) Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him) of—
(a) information of a prescribed description; and
(b) a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act."'.
Mr John Denham
117
Clause 22, page 15, line 8, leave out from beginning to end of line 18 and insert—
'(a) after subsection (2), there shall be inserted—
"(2A) The regulations may also make provision in relation to—
(a) grounds on which a Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including his unsuitability for inclusion in their medical list, and grounds corresponding to the condition referred to in section 49F(3) below);
(b) information which must be supplied to a Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);
(c) the supply to a Health Authority by such a medical practitioner of a certificate of the kind referred to in section 29A(4A)(b) above; and
(d) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the Health Authority to nominate or approve them.";
(b) in subsection (3), after paragraph (a) there shall be inserted—
"(aa) grounds on which a Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;"; and
(c) after subsection (3) there shall be inserted—
"(3A) If regulations made by virtue of subsection (2A)(a) provide that a Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."'.
Mr John Denham
118
Clause 22, page 15, line 21, leave out '(5)' and insert '(7)'.
Mr John Denham
119
Clause 22, page 15, line 21, leave out 'and' and insert—
'( ) after subsection (1) there shall be inserted—
"(1A) The regulations may include provision as to—
(a) information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and
(b) the supply to a Health Authority—
(i) by a dental practitioner who is included, or seeking inclusion, in such a list, or
(ii) by a director of a dental corporation included, or seeking inclusion, in such a list,
of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act."; and'.
Mr John Denham
120
Clause 22, page 15, line 24, leave out from 'provision' to end of line 34 and insert 'in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including his, or its, unsuitability for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below).
(5) Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.
(6) If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.
(7) Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).
(8) Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them.'.
Dr Liam Fox
Mr Philip Hammond
170
Clause 22, page 15, leave out lines 29 and 30.
Mr John Denham
121
Clause 22, page 15, line 40, leave out from 'provision' to end of line 7 on page 16 and insert 'in relation to—
(a) grounds on which a Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);
(b) information which must be supplied to a Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);
(c) the supply to a Health Authority by an individual—
(i) who is included, or seeking inclusion, in such a list, or
(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,
of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;
(d) grounds on which a Health Authority may defer a decision whether or not to include a person in such a list;
(e) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to include them; and
(f) criteria to be applied in making decisions under the regulations.
(3) If regulations made by virtue of subsection (2)(a) provide that a Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."'.
Dr Liam Fox
Mr Philip Hammond
171
Clause 22, page 16, leave out lines 1 and 2.
Mr John Denham
122
Clause 22, page 16, line 12, leave out from beginning to 'and' in line 17 and insert—
' "(f) as to other grounds on which a Health Authority may, or must, refuse to grant an application (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);
(g) as to information which must be supplied to a Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);
(h) for the supply to a Health Authority by an individual—
(i) who is included, or seeking inclusion, in such a list, or
(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,
of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;
(i) for grounds on which a Health Authority may defer a decision whether or not to grant an application;
(j) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;
(k) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (d)).",'.
Dr Liam Fox
Mr Philip Hammond
172
Clause 22, page 16, leave out lines 16 and 17.
Mr John Denham
123
Clause 22, page 16, line 19, leave out from 'regulations' to end of line 23 and insert 'made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."'.
