S.C.E.
Amendment Paper as at
Tuesday 17th June 2003
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HEALTH AND SOCIAL CARE (COMMUNITY HEALTH AND STANDARDS) BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [13th and 22nd May].
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
626
Clause 137, page 59, line 14, after 'person', insert 'other than any NHS organisation or employee, including General Practitioners,'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
603
Clause 137, page 59, line 15, after 'injury', insert 'or chronic condition'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
604
Clause 137, page 59, line 20, leave out sub-paragraphs (ii) and (iii).
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
606
Clause 137, page 59, line 32, leave out sub-paragraph (ii).
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
605
Clause 137, page 59, line 35, leave out paragraph (b).
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
607
Clause 137, page 59, line 37, leave out sub-paragraph (ii).
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
608
Clause 137, page 59, line 40, leave out 'including a payment in money's worth'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
609
Clause 137, page 59, line 42, leave out 'or is alleged to be'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
610
Clause 137, page 60, line 7, at end insert—
'(4A) Subsection (1) does not apply if the person making the payment is a not-for-profit organisation, charitable organisation or private sports club.'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
611
Clause 137, page 60, line 8, after second 'treatment', insert 'carried out within twelve months of the incident for which damages have been paid, or in the case of a chronic condition, of the most recent date in which the claimant had been employed by or otherwise associated with the defendant'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
612
Clause 137, page 60, line 45, at end add—
'(12) This section shall not apply until the Secretary of State has published a national tariff for all NHS treatments.'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
45
Page 59, line 12, leave out Clause 137.
Mr John Hutton
585
Schedule 9, page 125, line 23, at end insert 'or
( ) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).'.
Mr John Hutton
586
Schedule 9, page 126, line 19, at end insert—
'( ) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or'.
Mr John Hutton
587
Schedule 9, page 126, line 21, after 'Act', insert 'or Order'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
46
Page 61, line 2, leave out Clause 138.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
47
Page 62, line 3, leave out Clause 139.
Mr John Hutton
563
Clause 140, page 63, line 2, leave out ', Wales' and insert 'and Wales'.
Mr John Hutton
564
Clause 140, page 63, line 4, at end insert—
| '( ) | in respect of which a court in Northern Ireland has ordered a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23), |
| ( ) | in respect of which a court in a country other than England and Wales, Scotland or Northern Ireland has ordered a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945 (c.28),'. |
Mr John Hutton
565
Clause 140, page 63, line 5, leave out 'or Wales' and insert 'and Wales or Northern Ireland'.
Mr John Hutton
566
Clause 140, page 63, line 10, leave out second 'or'.
Mr John Hutton
567
Clause 140, page 63, line 14, at end insert—
| '( ) | in respect of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland— |
| (i) | which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and |
| (ii) | which specifies the matters mentioned in paragraph (b)(i) and (ii), or |
| ( ) | in the case of which a document has been made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland— |
| (i) | which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland specifying that the action has been settled extra-judicially, and |
| (ii) | which specifies the matters mentioned in paragraph (b)(i) and (ii),'. |
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
48
Page 62, line 41, leave out Clause 140.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
614
Clause 141, page 64, line 27, leave out '14' and insert '60'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
613
Clause 141, page 64, line 30, leave out from second 'of' to end of line 31 and insert '90 days following the completion of any outstanding treatment.'.
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
615
Clause 141, page 64, line 30, leave out '14' and insert '60'.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
49
Page 64, line 24, leave out Clause 141.
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
50
Page 64, line 35, leave out Clause 142.
Mr John Hutton
568
Clause 143, page 65, line 43, leave out subsection (1) and insert—
'( ) The Secretary of State or the Scottish Ministers must review a certificate issued by him or them if the certificate relates to a claim made by or on behalf of an injured person —
| (a) | in respect of which, after the certificate is issued, a court in England and Wales or Scotland orders a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c.28), |
| (b) | in respect of which, after the certificate is issued, a court in Northern Ireland orders a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23), |
| (c) | in respect of which, after the certificate is issued, a court in a country other than England and Wales, Scotland or Northern Ireland orders a reduction of damages under any provision of the law of that country which appears to the Secretary of State or the Scottish Ministers (as the case may be) to correspond to section 1 of the Law Reform (Contributory Negligence) Act 1945 (c.28), |
| (d) | in respect of which, after the certificate is issued, an officer of a court in England and Wales or Northern Ireland enters or seals an agreed judgement or order which specifies— |
| (i) | that the damages are to be reduced to reflect the injured person's share in the responsibility for the injury in question, and |
| (ii) | the amount or proportion by which they are to be so reduced, |
| (e) | in the case of which, after the certificate is issued, the parties to any resulting action before a court in Scotland execute a joint minute which specifies— |
| (i) | that the action has been settled extra-judicially, and |
| (ii) | the matters mentioned in paragraph (d)(i) and (ii), |
| (f) | in respect of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland— |
| (i) | which appears to the Secretary of State to correspond to an agreed judgement or order entered or sealed by an officer of a court in England and Wales, and |
| (ii) | which specifies the matters mentioned in paragraph (d)(i) and (ii), or |
| (g) | in the case of which, after the certificate is issued, a document is made under any provision of the law of a country other than England and Wales, Scotland or Northern Ireland— |
| (i) | which appears to the Scottish Ministers to correspond to a joint minute executed by the parties to a resulting action before a court in Scotland, specifying that the action has been settled extra-judicially, and |
| (ii) | which specifies the matters mentioned in paragraph (d)(i) and (ii), |
| | and notification of the order, judgement, minute or document has been given to the Secretary of State or the Scottish Ministers (as the case may be) in the prescribed manner.'. |
