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Mr. Swayne: Would the Minister say when he anticipates the Bill coming into force, given that the clause gives the Secretary of State the power to make orders to bring various parts of the Bill into effect at different times? What priorities does the Minister have for the various parts of the Bill, and when does he anticipate bringing them into effect?
Mr. Denham: I need to deal with each section in turn; perhaps I can write to the hon. Gentleman. However, I can tell him about two or three specific parts of the Bill. I have made it clear that we are aware of the timetable set by the October 2001 publication date of the GMC's advice on patient information to members of the profession. We need to make progress in enacting those parts of the Bill. We want to have free nursing care provisions in place by October. We are anxious to move ahead as quickly as possible on the formation of the GP lists, although I cannot give a date. We are seeking, with the BMA, to give locum doctors membership of the NHS pension scheme, backdated to 1 April, and we do not want too long a gap between those provisions coming into force and the formation of the lists. We are moving as quickly as we can, but there will be slight variations between different parts of the Bill.
Mr. Swayne: When will the patients forums be put in place, and when the will the consequential abolition of the CHCs occur?
Mr. Denham: The NHS plan states that we intend to abolish CHCs in April 2002, so we will need to have the replacement provisions in place as of that date. The necessary legislation will be required in advance of that.
Question put and agreed to.
Clause 66, as amended, ordered to stand part of the Bill.
Schedule 4
Minor consequential amendments
Mr. Denham: I beg to move amendment No. 352, in page 64, line 4, at end insert—
`Health Services and Public Health Act 1968 (c. 46)
.—(1) The Health Services and Public Health Act 1968 shall be amended as follows.
(2) In section 59 (extension of power of user by Crown of patented invention to user for certain health services)—
(a) in subsection (1), after ``pharmaceutical services,'' insert ``local pharmaceutical services,''; and
(b) after section 59(2A) insert—
``(2B) In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
(a) a pilot scheme established under section 29 of the Health and Social Care Act 2001;
(b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977; or
(c) any corresponding provision of the law in force in the Isle of Man.''.
(3) In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert—
``(bb) the provision of a local pharmaceutical service under a pilot scheme established under section 29 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;''.'
The Chairman: With this it will be convenient to take Government amendments Nos. 348 to 351, 353, 355 and 354.
Mr. Denham: These amendments are consequential, and relate to the introduction of local pharmaceutical services. I am happy to deal with them at greater length if the Committee would like me to do so, but if not, I shall be as brief as possible. They insert into the schedule a variety of provisions that ensure that LPS is appropriately dealt with in legislation.
Amendment agreed to.
Amendments made: No. 348, in page 64, line 11, at end insert—
`Patents Act 1977 (c. 37)
. In section 56 of the Patents Act 1977 (interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert ``, or—
(iii) local pharmaceutical services provided under a pilot scheme established under section 29 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977, or under any corresponding provision of the law in force in the Isle of Man''.'
No. 205, in page 64, line 25, at end insert—
No. 349, in page 64, line 31, at end insert—
(b) in subsection (3)(a), after ``of this Act'' insert ``or by virtue of Schedule 8A to this Act''; and
(c) after subsection (3) insert—
``(4) In subsection (3), ``local pharmaceutical services'' has the meaning given by paragraph 1(3) of Schedule 8A to this Act.
(5) In subsection (3)—
(a) the reference to local pharmaceutical services includes a reference to local pharmaceutical services provided under pilot schemes established under section 29 of the Health and Social Care Act 2001 and, in that case, ``local pharmaceutical services'' has the meaning given by that section; and
(b) in respect of local pharmaceutical services provided under such schemes, the reference to Schedule 8A is a reference to that section.''.'
No. 350, in page 64, line 35, at end insert—
(b) in paragraph 7(2), after ``pharmaceutical services'' insert ``or local pharmaceutical services'';
No. 351, in page 64, line 35, at end insert—
`Copyright, Designs and Patents Act 1988 (c. 48)
. In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert ``or
(c) local pharmaceutical services provided under—
(i) a pilot scheme established under section 29 of the Health and Social Care Act 2001; or
(ii) an LPS scheme established under Schedule 8A to the National Health Service Act 1977.''.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)
. In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert ``or as a person providing local pharmaceutical services under a pilot scheme established by a Health Authority under section 29 of the Health and Social Care Act 2001 or under an LPS scheme established by a Health Authority under Schedule 8A to the National Health Service Act 1977;''.'
No. 353, in page 65, line 1, after `schemes)' insert—
`—(a) in subsection (2), after ``dental services'' insert ``, and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to the National Health Service Act 1977) or under pilot schemes made under section 29 of the Health and Social Care Act 2001''; and
No. 355, in page 65, line 7, at end insert—
`( ) In section 21 (provision of personal medical or dental services), in subsection (2)(a) of the section 28C to be inserted into the 1977 Act, after ``dental services'' insert ``, and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 29 of the Health and Social Care Act 2001''.'
No. 114, in page 65, line 8, leave out sub-paragraph (4).
No. 354, in page 65, line 23, at end insert—
`Freedom of Information Act 2000 (c. 36)
. In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), after paragraph 45 insert—
``45A. Any person providing local pharmaceutical services under—
(a) a pilot scheme established under section 29 of the Health and Social Care Act 2001; or
(b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977,
in respect of information relating to the provision of those services.''.'—[Mr. Denham.]
Schedule 4, as amended, agreed to.
Schedule 5
Repeals
Amendments made: No. 115, in page 66, column 3, line 38, leave out from beginning to end of line 40.
No. 322, in page 66, line 47, at end insert—
| `2000 c. 20. | Government Resources and
Accounts Act 2000. | Section 12(2).
| Section 13(2).'. |
Mr. Denham.
Schedule 5, as amended, agreed to
New Clause 9
Joint overview and scrutiny committees etc
`.—(1) In this section, relevant functions in relation to a local authority are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of the Local Government Act 2000 (``the 2000 Act'') by an overview and scrutiny committee of that authority.
(2) Regulations may make provision under which—
(a) two or more local authorities may appoint a joint committee of those authorities (a ``joint overview and scrutiny committee'') and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee;
(b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority;
(c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as—
(i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or
(ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.
(3) The regulations may in particular—
(a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations;
(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of section 21(4) and (6) to (15) of the 2000 Act, with or without modifications.
(4) The regulations may require, or enable the Secretary of State to direct, a local authority—
(a) to make arrangements of any description within subsection (2), and
(b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Secretary of State may direct.
(5) In section 7(3) and (5), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.
(6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.
(7) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).
(8) In this section ``local authority'' means a county council, county borough council, district council or London borough council.'.—[Mr. Denham.]
Brought up, read the First and Second time, and added to the Bill.
3.15 pm
New Clause 10
Transfer of staff in connection with partnership arrangements
`.—(1) The Health Act 1999 shall be amended as follows.
(2) At the end of section 31 (arrangements between NHS bodies and local authorities) there shall be added—
``(9) Schedule 2A makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section.''
(3) In section 62 (regulations and orders), at the end of subsection (1) there shall be inserted ``, unless it is an order under paragraph 2 of Schedule 2A.''
(4) The Schedule set out in Schedule (Partnership arrangements: transfer of staff) to this Act shall be inserted in the Health Act 1999 as Schedule 2A to that Act.'.—[Mr. Hutton.]
Brought up, and read the First time.
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