S.C.A.
Amendment Paper as at
Thursday 29th November 2001
STANDING COMMITTEE A
New Amendments handed in are marked thus *
NATIONAL HEALTH SERVICE REFORM AND HEALTH CARE PROFESSIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee of 27th November.
Clause No. 2 (Primary Care Trusts)
Question proposed, That the Clause stand part of the Bill.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
134
Clause 7, page 8, line 17, leave out 'not exceeding' and insert 'equal to'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
135
Clause 7, page 8, line 20, after 'year', insert 'or any deficit inherited from a Health Authority'.
Dr Evan Harris
149
Clause 7, page 8, line 21, leave out subsections (3), (4) and (5).
Dr Evan Harris
Dr Richard Taylor
148
Clause 8, page 9, line 7, at end insert 'and sums paid under this subsection shall be disbursable at the sole discretion of the Primary Care Trust.'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
140
Clause 8, page 9, line 7, at end insert—
'(1A) In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b) above, the Secretary of State shall consult with health professionals, local authorities and other interested parties as to the health needs of the population served by that Trust.'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
136
Clause 8, page 9, line 10, leave out 'in whatever way he thinks appropriate'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
138
Clause 8, page 9, line 14, at end add 'and—
(c) any deficit inherited from a predecessor body.'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
137
Clause 8, page 9, leave out lines 15 and 16.
Sir George Young
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Dr Andrew Murrison
Mr Peter Atkinson
88A
Clause 8, page 9, line 16, at end insert—
'(2A) In determining the amount to be allotted to a Primary Care Trust, the Secretary of State shall have regard to the health needs of the population served by that Trust.'.
Dr Evan Harris
150
Clause 8, page 9, leave out lines 17 to 43.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
139
Clause 8, page 9, line 38, after 'may', insert 'having regard to the health needs of the population served by that Trust.'.
Dr Evan Harris
151
Clause 8, page 9, line 46, leave out from 'year;' to end of line 2 on page 10.
Sir George Young
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Dr Andrew Murrison
Mr Peter Atkinson
89
Clause 8, page 10, line 8, at end insert 'or—
(c) any deficit inherited from a predecessor body.'.
Dr Liam Fox
Mr Simon Burns
Mr Oliver Heald
Mr John Baron
Dr Andrew Murrison
Mr Peter Atkinson
141
Clause 8, page 10, line 10, after 'such', insert 'reasonable'.
Mr John Hutton
97
Schedule 2, page 48, line 5, leave out from '2' to end of line and insert—
'(1) Section 15 (duty of Health Authority in relation to family health services) is amended as provided in this paragraph.
(2)'.
Mr John Hutton
98
Schedule 2, page 48, line 6, leave out 'each of subsections (1) and (1ZA)' and insert 'subsection (1)'.
Mr John Hutton
99
Schedule 2, page 48, line 7, at end insert—
'(3) In subsection (1B)—
(a) before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or",
(b) for "that Authority's medical list" there is substituted "the medical list of that Trust or Authority", and
(c) for "that Authority" there is substituted "that Trust or Authority".
(4) In subsection (1BA)—
(a) after "relevant" there is inserted "Primary Care Trust or", and
(b) for "the Authority" there is substituted "the Trust or Authority".
(5) Sub-paragraphs (3) and (4), and this sub-paragraph, shall cease to have effect on the coming into force of paragraph 8 of Schedule 4 to the 1999 Act (which repeals subsections (1B) to (1D) of section 15 of the 1977 Act).'.
Mr John Hutton
100
Schedule 2, page 55, line 3, at end insert—
'Part 2
Amendments of other acts
The National Assistance Act 1948 (c. 29)
In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), after "consent of such" there is inserted "Primary Care Trust or".The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 16, in the entry in the second column, before "Health Authority" there is inserted "Primary Care Trust,".The Health Services and Public Health Act 1968 (c. 46)
(1) The Health Services and Public Health Act 1968 is amended as provided in this paragraph.
(2) In section 63 (provision of instruction for certain persons), in subsection (2)(b), before "Health Authority" there is inserted "Primary Care Trust or".
(3) In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), before "Health Authority" there is inserted "Primary Care Trust or".
The Health and Safety at Work etc Act 1974 (c. 37)
In section 60 of the Health and Safety at Work etc Act 1974 (which makes supplementary provision in relation to the employment medical advisory service), in subsection (1), after "that each" there is inserted "Primary Care Trust and".The Mental Health Act 1983 (c. 20)
The Mental Health Act 1983 is amended as follows. In section 25A (applications for supervision), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or". In section 25C (supervision applications: supplementary), in subsection (6), after "consent of the" there is inserted "Primary Care Trust or". In section 25F (reclassification of patient subject to after-care under supervision), in subsection (1), after "effect to the" there is inserted "Primary Care Trust or". In section 39 (information as to hospitals), in subsection (1), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or". In section 117 (after-care), in each of subsections (2), (2A) and (3), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or". In section 140 (notification of hospitals having arrangements for reception of urgent cases)—(a) after "duty of" there is inserted "every Primary Care Trust and of",
(b) for "Health Authority's area" there is substituted "area of the Primary Care Trust or Health Authority", and
(c) after "available to the" there is inserted "Primary Care Trust or".
In section 145 (interpretation), in paragraph (a) of the definition of "the managers", before "Health Authority" there is inserted "Primary Care Trust,".
The Public Health (Control of Disease) Act 1984 (c. 22)
(1) The Public Health (Control of Disease) Act 1984 is amended as provided in this paragraph.
(2) In section 11 (cases of notifiable disease and food poisoning to be reported), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".
(3) In section 12 (fees for certificates under section 11), in subsection (1), after "that a" there is inserted "Primary Care Trust or".
(4) In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), after "to the" there is inserted "Primary Care Trust or".
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital), in subsection (9), for paragraph (a) of the definition of "health authority" there is substituted—"(a) in relation to England, means a Primary Care Trust,
(aa) in relation to Wales, means a Health Authority, and".
The Children Act 1989 (c. 41)
In Schedule 2 to the Children Act 1989 (local authority support for children and families), in paragraph 1A(3)(a), for "and" there is substituted "or".The National Health Service and Community Care Act 1990 (c. 19)
The National Health Service and Community Care Act 1990 is amended as follows. In section 4A (provision of certain services by persons on ophthalmic or pharmaceutical lists), in subsection (1), after "a Strategic Health Authority," (inserted by Schedule 1 to this Act) there is inserted "a Primary Care Trust,". (1)In section 18 (indicative amounts for doctors' practices)—
(i) after "financial year," there is inserted "every Primary Care Trust and", and
(ii) before "Health Authority", in the second and third places it occurs, there is inserted "Primary Care Trust or",
(b) before "Health Authority", in each other place where it occurs except in subsection (7), there is inserted "Primary Care Trust or", and
(c) in subsection (7), for "Health Authority" there is substituted "Primary Care Trust".
(2) This paragraph shall cease to have effect on the coming into force of paragraph 80 of Schedule 4 to the 1999 Act (which repeals section 18 of the National Health Service and Community Care Act 1990).
In section 47 (assessment of needs for community care services), in subsection (3)—
(a) before "Health Authority", where it first occurs, there is inserted "Primary Care Trust or", and
(b) before "Health Authority", in each other place where it occurs, there is inserted "Primary Care Trust,".
In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after "Strategic Health Authority," (inserted by Schedule 1 to this Act) there is inserted "Primary Care Trust,". In Schedule 2 (which makes provision about NHS trusts), in paragraph 31, after "Strategic Health Authority" (inserted by Schedule 1 to this Act) there is inserted "Primary Care Trust,".
The Access to Health Records Act 1990 (c. 23)
(1) The Access to Health Records Act 1990 is amended as provided in this paragraph.
(2) In section 1 (definitions of certain terms), in subsection (2)(a)(ii), before "Health Authority" there is inserted "Primary Care Trust,".
(3) In section 7 (duty of health service bodies etc to take advice), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust,".
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), before "Health Authority" there is inserted "Primary Care Trust or".The Health Service Commissioners Act 1993 (c. 46)
(1) The Health Service Commissioners Act 1993 is amended as provided in this paragraph.
(2) In section 2 (bodies subject to investigation)—
(a) in subsection (1), in paragraph (da), "established for areas in England" is omitted, and
(b) in subsection (2), in paragraph (a), "whose areas are in Wales" is omitted.
(3) In section 6 (which provides for certain action by Health Authorities, etc not to be investigated), in each of subsections (3) and (5), after "taken by a" there is inserted "Primary Care Trust or".
The Health Authorities Act 1995 (c. 17)
In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust,".The Employment Rights Act 1996 (c. 18)
In section 43K of the Employment Rights Act 1996 (extended meaning of "worker" for Part 4A of that Act), in subsection (1)(c)(i), before "Health Authority" there is inserted "Primary Care Trust or".'.
