|
|
|
|
|
92 | Page 38, line 29, leave out “may promote or undertake” and insert “has the function |
|
| of promoting or undertaking” |
|
|
93 | Page 39, line 17, at end insert— |
|
| “( ) | the availability and quality of information provided to the public |
|
| |
|
94 | Page 41, line 19, leave out “prescribed” and insert “specified by the Assembly” |
|
|
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.” |
|
|
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” |
|
| |
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— |
|
|
|
|
|
| “( ) | 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.” |
|
|
103 | Page 50, line 3, leave out “the Commission for Local Administration” and insert “a |
|
| |
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 |
|
| |
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.” |
|
| |
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) |
|
|
111 | Insert the following new Clause— |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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— |
|
|
|
|
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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.” |
|
| |
| |
| Page 61, line 33, leave out from “other” to “for” in line 34 |
|
|
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 |
|
| |
| (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.” |
|
|
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— |
|
|
|
|
|
| “( ) | 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.” |
|
|
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 |
|
| |
|
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 |
|
| |
| (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). |
|
| |
|
|
|
|
| | “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 |
|
|
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 |
|
| |
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 |
|
| |
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) |
|
| |
| “(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) |
|
| |
| “(3E) | The regulations must provide for the circumstances in which a |
|
| person providing primary medical services under section 28C |
|
| |
|
|
|
|
| (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.”” |
|
|
141 | Page 94, line 23, leave out “by a Primary Care Trust or Local Health Board” |
|
| |
|
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.”” |
|
|
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 |
|
|
|
Page 102, line 31, at end insert- |
|
|
|
|
|
| “( ) | Nothing in this section applies in relation to the Commission for |
|
| Healthcare Audit and Inspection or the Commission for Social Care |
|
| |
|
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 |
|
| |
| (a) | the Protection of Children Act 1999 (c. 14); |
|
| (b) | the Care Standards Act 2000 (c. 14).” |
|
|
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 |
|
| |
| (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 |
|
| |
| | 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 |
|
| |
| | 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)” |
|
|
157 | Insert the following new Clause— |
|
|