(11-17)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  11  )

Clause 93
92
Page 38, line 29, leave out “may promote or undertake” and insert “has the function

of promoting or undertaking”
Clause 95
93
Page 39, line 17, at end insert—

“( )
the availability and quality of information provided to the public

about the services;”
Clause 99
94
Page 41, line 19, leave out “prescribed” and insert “specified by the Assembly”
Clause 109
95
Page 46, line 10, after “subsection (5)” insert “in relation to a child”
96
Page 46, line 10, at end insert “on whether the child’s welfare is adequately

safeguarded and promoted while he is accommodated by the school or college”
97
Page 46, leave out lines 11 to 13 and insert—

“(9B)
Where the Commission or the National Assembly for Wales publishes a

report under this section, it must—

(a)
send a copy of the report to the school or college concerned; and

(b)
make copies of the report available for inspection at its offices by

any person at any reasonable time.”
Clause 112
98
Page 48, line 12, leave out from “referred to” to “(and” in line 15 and insert “a Local

Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a

member of the Commission for Local Administration in England for him to

consider whether to investigate the complaint or matter under that Part”
99
Page 48, line 17, leave out from “referred to” to “(and” in line 20 and insert “a Local

Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a

member of the Commission for Local Administration in Wales for him to consider

whether to investigate the complaint or matter under that Part”

Clause 113
100
Page 48, line 33, at end insert—

“( )
the persons to whom complaints may be made;”
101
Page 48, line 36, after “making” insert “, handling”
102
Page 49, line 5, at end insert—

(  12  )

“( )
The regulations may require any person or body who handles or considers

complaints under the regulations to make information available to the

public about the procedures to be followed under the regulations.”
Clause 114
103
Page 50, line 3, leave out “the Commission for Local Administration” and insert “a

Local Commissioner”
104
Page 50, line 4, leave out “it” and insert “him”
105
Page 50, line 33, leave out “the Commission for Local Administration” and insert

“a Local Commissioner”
106
Page 50, line 34, leave out “it” and insert “him”
107
Page 50, line 38, at end insert—

“(5)
In this section, “Local Commissioner in England” means a

Local Commissioner under Part 3 of the Local Government

Act 1974 (c. 7), who is a member of the Commission for

Local Administration in England.”

Clause 121
108
Page 54, line 3, leave out “body” and insert “authority”
109
Page 54, line 4, leave out “body” and insert “authority”
110
Page 54, line 5, leave out subsection (2)
After Clause 137
111
Insert the following new Clause—


“Code of practice: CHAI

(1)
The CHAI must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

(2)
The code must in particular make provision about the CHAI’s obtaining,

handling, use and disclosure of confidential personal information.

(3)
Before publishing the code, the CHAI must consult such persons as it

considers appropriate.

(4)
The CHAI must keep the code under review and, if it considers it

appropriate, from time to time publish a revised code (and references in

this section to the code include any revised code).

(5)
For the purposes of this section “confidential personal information” means

information which—

(a)
is obtained by the CHAI on terms or in circumstances requiring it

to be held in confidence; and

(b)
relates to and identifies an individual.”
112
Insert the following new Clause—

(  13  )


“Code of practice: CSCI

(1)
The CSCI must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

(2)
The code must in particular make provision about the CSCI’s obtaining,

handling, use and disclosure of confidential personal information.

(3)
Before publishing the code, the CSCI must consult such persons as it

considers appropriate.

(4)
The CSCI must keep the code under review and, if it considers it

appropriate, from time to time publish a revised code (and references in

this section to the code include any revised code).

(5)
For the purposes of this section “confidential personal information” means

information which—

(a)
is obtained by the CSCI on terms or in circumstances requiring it to

be held in confidence; and

(b)
relates to and identifies an individual.”

Clause 141

113

Page 61, line 33, leave out from “other” to “for” in line 34
Clause 149
114
Page 68, line 17, at end insert “or regulations under subsection (8B)”
115
Page 69, line 31, after first “under” insert “or by virtue of”
116
Page 69, line 46, at end insert “or regulations under subsection (8B)”
117
Page 70, line 9, at end insert—

“(8A)
For the purposes of subsection (8B), a claim made by or on behalf of an

injured person is a qualifying claim if—

(a)
it is settled by mediation of a prescribed description, and

(b)
the damages payable under the settlement are to be reduced to

reflect the injured person’s share in the responsibility for the injury

in question.

(8B)
Regulations may make provision as to the circumstances in which the

amount (or amounts) specified in a certificate relating to a qualifying claim

is (or are) to be that (or those) which would be so specified apart from the

regulations, reduced by the same proportion as the reduction of damages.”
Clause 152
118
Page 72, line 40, at end insert—

“( )
Regulations may make provision as to the circumstances in which the

Secretary of State or the Scottish Ministers must review a certificate relating

to a claim which, after the certificate is issued, becomes a qualifying claim

(as defined in section 149(8A)).”
119
Page 73, line 6, after “under” insert “or by virtue of”
120
Page 73, line 11, at end insert—

(  14  )

“( )
But the Secretary of State or the Scottish Ministers may not vary a certificate

so as to increase the amount, or the aggregate amount, specified unless it

appears to him or them that the variation is required as a result of his or

their having been supplied with incorrect or insufficient information by the

person to whom the certificate is issued.”
Clause 168
121
Page 83, line 23, leave out “or section 17C employee” and insert “employee, section

17C employee or Article 15B employee”
122
Page 83, line 26, leave out from “individual” to end of line 31 and insert “falling

within section 28D(1)(bc) above”
123
Page 83, line 44, leave out “and “section 17C employee”” and insert “, “section 17C

employee” and “Article 15B employee””
124
Page 85, leave out lines 5 and 6
125
Page 85, line 17, at end insert—

“(3A)
Regulations under subsection (1) must make provision as to the

right of patients to choose the persons from whom they are to

receive services.”
Clause 171
126
Page 88, line 15, leave out “or a section 17C employee” and insert “, section 17C

employee or Article 15B employee”
127
Page 88, line 18, leave out from “individual” to end of line 23 and insert “falling

within section 28D(1)(bc) above”
128
Page 88, line 36, leave out “and “section 17C employee”” and insert “, “section 17C

employee” and “Article 15B employee””
129
Page 89, line 30, at end insert—

“28TA
   GMS contracts: prescription of drugs etc

(1)
A general medical services contract must contain provision requiring the

contractor or contractors to comply with any directions given by the

appropriate authority for the purposes of this section as to the drugs,

medicines or other substances which may or may not be ordered for

patients in the provision of medical services under the contract.

(2)
A direction under this section must, subject to subsection (3), be given by

regulations.

(3)
A direction under this section may be given by an instrument in writing

where it gives effect to a request made in writing to the authority making

the direction by a person who is a holder of a Community marketing

authorization or United Kingdom marketing authorisation in respect of the

drug, medicine or other substance to which the request relates.

(4)
A direction under this section given by an instrument in writing may be

varied or revoked by a further direction under this section (whether given

by an instrument in writing or by regulations).

(5)
In this section—

(  15  )


“appropriate authority” has the same meaning as in section 28T above;


“Community marketing authorization” and “United Kingdom

marketing authorisation” have the meanings given by regulation 1

of the Medicines for Human Use (Marketing Authorisations Etc.)

Regulations 1994 (S.I. 1994/3144).”
130
Page 89, leave out lines 41 and 42
131
Page 90, line 3, leave out “may” and insert “must”
132
Page 90, line 13, leave out “suspending or terminating” and insert “as to the

suspension or termination of”
133
Page 90, line 17, at end insert—

“(5A)
Regulations under subsection (1) must make provision as to the right of

patients to choose the persons from whom they are to receive services.”
134
Page 90, leave out lines 18 to 26
Clause 173
135
Page 92, line 4, leave out “or section 17C arrangements” and insert “, section 17C

arrangements or Article 15B arrangements; or

(iii)
under section 19 or 25 of the 1978 Act or Article 56 or 61 of

the Health and Personal Social Services (Northern Ireland)

Order 1972 (1972 No. 1256 (N.I. 14));”
136
Page 92, line 24, leave out “an individual” and insert “a person”
137
Page 92, leave out lines 27 to 37 and insert—

“( )
an individual who is providing services as specified in subsection

(1)(bc)(iii) above”
138
Page 92, line 38, leave out from ““section 28C employee”” to end of line 39 and

insert “for “an individual providing” substitute “a person providing or

performing””
139
Page 92, line 45, leave out from beginning to end of line 4 on page 93
140
Page 93, line 20, at end insert—

“( )
In that section, after subsection (3C) (as inserted by subsection (9) above)

insert—

“(3D)
The regulations may also include provision for the resolution of

disputes as to the terms of any proposed section 28C arrangements,

and in particular may make provision—

(a)
for the referral of the terms of the proposed arrangements to

the Secretary of State or National Assembly for Wales; and

(b)
for the Secretary of State, or Assembly, or a person

appointed by him or it, to determine the terms on which the

arrangements may be entered into.”

( )
In that section, after subsection (3D) (as inserted by subsection (10) above)

insert—

“(3E)
The regulations must provide for the circumstances in which a

person providing primary medical services under section 28C

arrangements—

(  16  )

(a)
must or may accept a person as a patient to whom such

services are so provided;

(b)
may decline to accept a person as such a patient;

(c)
may terminate his responsibility for a patient.

(3F)
The regulations must make provision as to the right of patients to

choose the persons from whom they are to receive services under

section 28C arrangements.””
Clause 175
141
Page 94, line 23, leave out “by a Primary Care Trust or Local Health Board”

Clause 179
142
Page 98, line 18, at end insert—

“(2A)
In section 126 of that Act—

(a)
in subsection (1), after “PCT order” insert “or an instrument to

which subsection (1A) applies”;

(b)
after subsection (1) insert—

“(1A)
The Secretary of State may not make a statutory instrument

containing the first regulations made under section 79(1)

above (as substituted by the Health and Social Care

(Community Health and Standards) Act 2003) unless a draft

of the instrument has been laid before, and approved by

resolution of, each House of Parliament.””
Clause 181
143
Page 99, leave out lines 13 to 27
144
Page 100, line 22, leave out from “(1))” to first “to” in line 23 and insert “is”
145
Page 100, line 40, at end insert—

“( )
The Secretary of State may not make a statutory instrument

containing the first set of regulations made under subsection (1)

unless a draft of the instrument has been laid before, and approved

by resolution of, each House of Parliament.”
146
Page 100, leave out lines 45 to 47
147
Page 101, line 5, leave out from “body” ” to “such” and insert “has”
148
Page 101, leave out line 11
Clause 183
149
Page 102, line 31, at end insert-

(  17  )

“( )
Nothing in this section applies in relation to the Commission for

Healthcare Audit and Inspection or the Commission for Social Care

Inspection.”
Clause 185
150
Page 104, line 9, at end insert—

“( )
The effect of subsections (1) to (3) is to be disregarded in determining for

the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power

by order to make provision reforming law which imposes burdens)

whether any provision of either of the following Acts falls within

subsection (4)(a) of that section (provision amended by an Act within

previous two years)—

(a)
the Protection of Children Act 1999 (c. 14);

(b)
the Care Standards Act 2000 (c. 14).”
Clause 191
151
Page 105, line 14, at end insert—

“(4A)
The Secretary of State may not make a statutory instrument containing—

(a)
regulations under section 146(12),

(b)
the first regulations made under section 25, (Conduct of elections) or

149(2), or

(c)
an order or regulations under this Act making, by virtue of

subsection (1)(b) or section 195 or 196, provision which amends or

repeals any part of the text of an Act (including an Act of the

Scottish Parliament),


unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.”
152
Page 105, line 15, leave out “an” and insert “any other”
153
Page 105, line 16, after “section” insert “22, 25(3), 28 or”
154
Page 105, line 17, at end insert—

“( )
The Scottish Ministers may not make a statutory instrument containing—

(a)
regulations under section 146(12),

(b)
the first regulations made under section 149(2), or

(c)
an order or regulations under this Act making, by virtue of

subsection (1)(b) or section 195 or 196, provision which amends or

repeals any part of the text of an Act (including an Act of the

Scottish Parliament),


unless a draft of the instrument has been laid before, and approved by

resolution of, the Scottish Parliament.”
155
Page 105, line 18, leave out “regulations under Part 3” and insert “any other order

or regulations under this Act”
156
Page 105, line 19, after “Ministers” insert “(apart from an order under section 194)”
After Clause 193
157
Insert the following new Clause—