S.C.A.
Amendment Paper as at
Tuesday 11th December 2001
STANDING COMMITTEE A
NATIONAL HEALTH SERVICE REFORM AND HEALTH CARE PROFESSIONS BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee of 27th and 29th November.
Mr Oliver Heald
Mr Simon Burns
224
Clause 23, page 28, line 31, leave out from 'bodies' to end of line 33.
Mr John Hutton
198
Clause 23, page 28, line 41, at end insert—
| '( ) | subject to section 24(5A), the Pharmaceutical Society of Northern Ireland,'. |
Mr Oliver Heald
Mr Simon Burns
225
Clause 23, page 29, line 15, after 'sections', insert 'save that the reference to the provision of general dental services in subparagraph 2(d) of paragraph 11(2) of Schedule 3 of the 1999 Act includes the performance of personal dental services,'.
Dr Evan Harris
255
Schedule 7, page 73, line 4, leave out 'regulatory body' and insert 'of the regulatory bodies referred to in section 23(3)(a) to (g)(i), and three members appointed by the regulatory body referred to in section 23(g)(ii) or the successor regulatory body (within the meaning of Schedule 3 to the 1999 Health Act) to the Council for Professions Supplementary to Medicine, the Health Professions Council, established by an Order in Council under section 60 of that Act.'.
Mr Simon Burns
Mr Oliver Heald
Dr Evan Harris
188
Schedule 7, page 73, line 6, after 'appointed', insert 'on the recommendation of the NHS Appointments Commission.'.
Mr Simon Burns
Mr Oliver Heald
189
Schedule 7, page 73, line 12, leave out 'one fewer than' and insert 'equal to'.
Dr Evan Harris
256
Schedule 7, page 73, line 12, leave out 'one fewer', and insert 'one more'.
Mr John Hutton
203
Schedule 7, page 73, line 13, at end insert—
| '4A (1) | The Secretary of State may direct a Special Health Authority to exercise his function of appointing members of the Council under paragraph 4(1)(e). |
| (2) | If he does so, the 1977 Act has effect as if— |
Mr John Hutton
204
Schedule 7, page 73, line 16, leave out from 'including' to 'any' in line 17.
Mr Oliver Heald
Mr Simon Burns
226
Schedule 7, page 73, line 25, at end insert—
'(2) The power to make regulations in this paragraph shall be exercisable by statutory instrument.
(3) A statutory instrument containing regulations under this paragraph shall not be made unless a draft has been laid and approved by a resolution of each House of Parliament.'.
Mr John Hutton
205
Schedule 7, page 74, line 6, leave out 'Subject to sub-paragraphs (2) and (3),'.
Mr John Hutton
Mr Simon Burns
Mr Oliver Heald
Dr Evan Harris
187
Schedule 7, page 74, leave out lines 9 to 13.
Mr Oliver Heald
Mr Simon Burns
227
Schedule 7, page 74, leave out line 16.
Mr Oliver Heald
Mr Simon Burns
228
Schedule 7, page 74, line 30, leave out 'on such conditions (if any)'.
Mr Oliver Heald
Mr Simon Burns
229
Schedule 7, page 74, line 32, leave out sub-paragraph (2).
Mr Oliver Heald
Mr Simon Burns
230
Schedule 7, page 74, line 37, leave out sub-paragraph (4).
Mr Oliver Heald
Mr Simon Burns
231
Schedule 7, page 74, line 41, leave out 'and (4)'.
Mr Oliver Heald
Mr Simon Burns
232
Schedule 7, page 75, line 1, leave out sub-paragraphs (7), (8) and (9).
Mr John Hutton
207
Schedule 7, page 75, line 34, leave out '14' and insert '15'.
Mr John Hutton
208
Schedule 7, page 76, line 7, leave out from 'matters' to end of line 9 and insert 'concerning Northern Ireland ("transferred matters" having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c.47)).'.
Mr John Hutton
199
Clause 24, page 29, line 19, leave out '(5)' and insert '(5A)'.
Mr John Hutton
200
Clause 24, page 29, line 40, leave out from 'ended' to end of line 42.
Mr John Hutton
201
Clause 24, page 30, line 7, at end insert—
'(5A) The Council may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—
| (a) | conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions), |
| (b) | conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or |
| (c) | otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.'. |
Mr Oliver Heald
Mr Simon Burns
233
Clause 24, page 30, line 12, after 'must', insert 'consult with the profession and'.
Mr Oliver Heald
Mr Simon Burns
234
Clause 24, page 30, leave out lines 21 to 23.
Mr Oliver Heald
Mr Simon Burns
235
Clause 24, page 30, line 33, leave out from second 'profession' to 'which' in line 34.
Mr Oliver Heald
Mr Simon Burns
236
Clause 24, page 30, line 34, leave out '(wholly or partly)'.
Mr Oliver Heald
Mr Simon Burns
238
Clause 25, page 30, line 37, after 'functions', insert 'take all reasonable steps to'.
Mr Simon Burns
Mr Oliver Heald
Dr Evan Harris
186
Clause 25, page 30, line 39, leave out subsection (2) and insert—
'(2) If, after consulting the regulatory body concerned, the Council concludes that—
| (a) | it is necessary for the protection of members of the public for a regulatory body to make or amend a rule (under any power the body has to do so); and |
| (b) | the regulatory body has not made or amended the rule and will not do so |
the Council may if it thinks fit lay a special report before each House of Parliament.'.
Mr Oliver Heald
Mr Simon Burns
237
Clause 25, page 30, line 43, leave out subsections (3), (4), (5), (6) and (7).
Mr John Hutton
247
Clause 25, page 31, line 5, leave out 'may' and insert 'shall'.
Mr John Hutton
248
Clause 25, page 31, line 6, at end insert—
'( ) The regulations must, in particular, make provision requiring the Council to consult a regulatory body before giving it directions under subsection (2).'.
Mr Oliver Heald
Mr Simon Burns
239
Clause 26, page 31, line 15, leave out paragraph (a).
Mr Oliver Heald
Mr Simon Burns
240
Clause 26, page 31, line 16, leave out 'must (or need not),' and insert 'may'.
Mr Oliver Heald
Mr Simon Burns
241
Clause 26, page 31, line 18, leave out paragraph (c).
Mr Oliver Heald
Mr Simon Burns
242
Clause 26, page 31, line 19, leave out paragraph (d).
Mr Oliver Heald
Mr Simon Burns
243
Clause 26, page 31, line 20, leave out paragraph (e).
Mr Oliver Heald
Mr Simon Burns
244
Clause 26, page 31, line 27, leave out paragraph (i).
Mr Oliver Heald
Mr Simon Burns
245
Clause 26, page 31, line 40, at end add—
'(5) The Council may adopt such procedure as it thinks fit to follow in investigating complaints.'.
