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(  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—


 
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