Vote Bundle Text (910212-04)

Amendments proposed to the Health and Social Care Bill, As Amended - continued	House of Commons

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Mr Secretary Milburn

*Page 18, line 3 [Clause 23], leave out 'condition' and insert 'conditions'.

Mr Secretary Milburn

*Page 18, line 4 [Clause 23], leave out '49F(3)' and insert '49F(2), (3) and (4) as read with section 49GA'.

Mr Secretary Milburn

*Page 18, line 33 [Clause 23], leave out from 'including' to 'grounds' in line 34.

Mr Secretary Milburn

*Page 18, line 35 [Clause 23], leave out 'condition' and insert 'conditions'.

Mr Secretary Milburn

*Page 18, line 36 [Clause 23], leave out '49F(3)' and insert '49F(2), (3) and (4) as read with section 49GA'.

Mr Secretary Milburn

*Page 18, line 43 [Clause 23], at end insert 'or who is a member of a limited liability partnership'.

Mr Secretary Milburn

*Page 18, line 46 [Clause 23], leave out 'or'.

Mr Secretary Milburn

*Page 18, line 47 [Clause 23], after 'Act' insert 'or an enhanced criminal record certificate under section 115 of that Act'.

Mr Secretary Milburn

*Page 19, line 21 [Clause 23], leave out from 'including' to 'grounds' in line 23.

Mr Secretary Milburn

*Page 19, line 23 [Clause 23], leave out 'condition' and insert 'conditions'.

Mr Secretary Milburn

*Page 19, line 24 [Clause 23], leave out '49F(3)' and insert '49F(2), (3) and (4) as read with section 49GA'.

Mr Secretary Milburn

*Page 19, line 33 [Clause 23], leave out 'director of' and insert 'member of the body of persons controlling'.

Mr Secretary Milburn

*Page 19, line 36 [Clause 23], leave out 'or'.

Mr Secretary Milburn

*Page 19, line 37 [Clause 23], after 'Act' insert 'or an enhanced criminal record certificate under section 115 of that Act'.

Mr Secretary Milburn

*Page 20, line 12 [Clause 23], leave out from 'including' to 'grounds' in line 13.

Mr Secretary Milburn

*Page 20, line 14 [Clause 23], leave out 'condition' and insert 'conditions'.

Mr Secretary Milburn

*Page 20, line 14 [Clause 23], leave out '49F(3)' and insert '49F(2), (3) and (4) as read with section 49GA(2)'.

Mr Secretary Milburn

*Page 20, line 22 [Clause 23], leave out 'or'.

Mr Secretary Milburn

*Page 20, line 23 [Clause 23], after 'Act' insert 'or an enhanced criminal record certificate under section 115 of that Act'.

Mr Secretary Milburn

*Page 23, line 19 [Clause 26], leave out 'or'.

Mr Secretary Milburn

*Page 23, line 21 [Clause 26], after 'Act' insert 'or an enhanced criminal record certificate under section 115 of that Act'.

Mr Secretary Milburn

*Page 23, line 33 [Clause 26], at end insert—

'(3A) The regulations may, in particular, also provide for—

(a) a person's inclusion in a supplementary list to be subject to conditions determined by the Health Authority,

(b) the Health Authority to vary the conditions or impose different ones,

(d) the review by the Health Authority of their decisions made by virtue of regulations under this subsection.'.

Mr Secretary Milburn

*Page 23, line 42 [Clause 26], at end insert—

'( ) If the regulations make provision under subsection (3A), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority's decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(d) on any review of an earlier such decision of theirs.'.

Mr Secretary Milburn

*Page 24, line 2 [Clause 26], leave out 'or'.

Mr Secretary Milburn

*Page 24, line 4 [Clause 26], after '1997' insert 'or a list corresponding to a services list prepared by a Health Authority by virtue of regulations made under section 43 of the Health and Social Care Act 2001.'.

Mr Secretary Milburn

*Page 24, line 20 [Clause 27], leave out 'medical list' and insert 'list of medical practitioners undertaking to provide general medical services'.

Mr Secretary Milburn

*Page 25, line 10 [Clause 27], after 'condition' insert '(or conditions)'.

Mr Secretary Milburn

*Page 25, line 41 [Clause 27], at end insert—

'Fraud and unsuitability cases: supplementary. 49GA.—(1) Where the practitioner is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second or third condition referred to in section 49F(3) and (4) above—

(a) in the case of an ophthalmic optician not referred to in paragraph (b) or a dental corporation, if any director meets that condition (whether or not he first did so when he was a director), and

(b) in the case of a body corporate carrying on a retail pharmacy business or an ophthalmic optician which is a limited liability partnership, if any one of the body of persons controlling the body meets that condition (whether or not he first did so when he was such a person).
(2) A practitioner is to be treated for the purposes of this group of sections as meeting the condition referred to in section 49F(3) above if—

(a) another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 49F(1) above on the practitioner's behalf, meets that condition; and

(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 49F(3)(a) above occurring in the course of the provision of those services on his behalf.'.

Mr Secretary Milburn

*Page 25, line 42 [Clause 27], leave out 'The Health Authority' and insert 'If the Health Authority are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, they'.

Mr Secretary Milburn

*Page 26, line 2 [Clause 27], leave out 'the' and insert 'a'.

Mr Secretary Milburn

*Page 26, line 3 [Clause 27], after 'regulates' insert '(i)'.

Mr Secretary Milburn

*Page 26, line 3 [Clause 27], leave out 'or one of its committees' and insert—

'(ii) the profession of a person providing any of the services mentioned in section 49F(1) on the practitioner's behalf, or

(iii) if the practitioner is a body corporate, the profession of one of its directors or, as the case may be, one of the body of persons controlling it or (if it is a limited liability partnership) one of its members,

or one of that regulatory body's committees.'.

Mr Secretary Milburn

*Page 26, line 4 [Clause 27], at end insert—

'( ) The references in subsection (1)(b) to a court or a regulatory body are to a court or such a body anywhere in the world.'.

Mr Secretary Milburn

*Page 26, line 48 [Clause 27], at end insert—

'Suspension pending appeal: Health Authorities. 49HA.—(1) This section applies if the Health Authority decide to remove a practitioner from a list under section 49F.
    (2) In such a case they may also decide to suspend the practitioner from the list pending any appeal by him, if they are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.
    (3) If they do suspend the practitioner under this section, the suspension has effect from the date when the Health Authority gave him notice of the suspension.
    (4) The suspension has effect until its revocation or until the expiry of the period of 28 days referred to in section 49J(1) below, or, if the practitioner appeals under section 49J, until the FHSAA has disposed of the appeal.
    (5) The Health Authority may revoke a suspension imposed under this section.
    (6) If the practitioner appeals under section 49J against the Health Authority's decision to remove him from the list, the FHSAA may also revoke a suspension imposed on him under this section.
    (7) Subsections (8) and (9) of section 49H above apply for the purposes of this section as they apply for the purposes of that.

Effect of suspension. 49HB. While a practitioner is suspended (whether under section 49H or under section 49HA above) he is to be treated as not being included in the list from which he has been suspended even though his name appears in it.'.