(22-24)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  22  )
203
Page 131, line 18, at end insert—

“( )
The Secretary of State may direct the Special Health Authority referred

to in sub-paragraph (1A) to exercise so much of any function of his under

sub-paragraph (2) or under regulations under sub-paragraph (5) as may

be specified in the direction.

( )
The Assembly may direct the Special Health Authority referred to in

sub-paragraph (1B) to exercise so much of any function of the Assembly

under sub-paragraph (3) or under regulations under sub-paragraph (5)

as may be specified in the direction.

( )
The Special Health Authority referred to in sub-paragraph (1A) must

consult the Assembly before exercising the function of appointment

under sub-paragraph (1)(a) or (c); and the Special Health Authority

referred to in sub-paragraph (1B) must consult the Secretary of State

before exercising the function of appointment under sub-paragraph

(1)(b).”
204
Page 131, line 20, leave out “this paragraph” and insert “sub-paragraph (2) or (5)”
205
Page 131, line 20, at end insert—

“( )
The Assembly must consult the Secretary of State before

exercising any of its functions under sub-paragraph (3) or (5).”
206
Page 131, line 21, leave out sub-paragraph (8)
207
Page 131, line 23, leave out “If directions are given under sub-paragraph (8)” and

insert “Where directions are given under this paragraph to a Special Health

Authority”
208
Page 131, line 28, at end insert—

“( )
Subsections (4) and (5) of section 183 apply in relation to directions

under this paragraph as they apply in relation to directions under

subsection (2) of that section.”
209
Page 133, line 25, leave out “provided” and insert “proved”
Schedule 7
210
Page 134, line 7, leave out “Secretary of State” and insert “relevant Special Health

Authority”
211
Page 134, line 7, at end insert—

“(1A)
In sub-paragraph (1), “relevant Special Health Authority” means the

Special Health Authority which is directed by the Secretary of State to

exercise the function of appointment under that sub-paragraph.”
212
Page 134, line 13, leave out paragraph (c) and insert—

“(c)
is disqualified from holding office (or was disqualified at the

time of his appointment).”
213
Page 134, line 20, leave out “become” and insert “are”
214
Page 134, line 25, at end insert—

“( )
The Secretary of State may direct the Special Health Authority referred

to in sub-paragraph (1A) to exercise so much of any function of his under

sub-paragraph (2) or under regulations under sub-paragraph (3) as may

be specified in the direction.

(  23  )

( )
Where directions are given under this paragraph to a Special Health

Authority, the 1977 Act has effect as if—

(a)
the directions were directions under section 16D of that Act for

the exercise of functions relating to the health service, and,

accordingly,

(b)
the functions were exercisable by the Special Health Authority

under that section.

( )
Subsections (4) and (5) of section 183 apply in relation to directions

under this paragraph as they apply in relation to directions under

subsection (2) of that section.”
215
Page 136, line 21, leave out “provided” and insert “proved”
Schedule 8
216
Page 136, line 32, after “to” insert “the CHAI or”
217
Page 137, line 2, at end insert—

“( )
A scheme under this paragraph may contain provision for the

payment of compensation by the Secretary of State to any person

or body (other than one mentioned in sub-paragraph (1)) whose

interests are adversely affected by the scheme.”
Schedule 9
218
Page 139, line 1, at end insert—

“Superannuation Act 1972 (c. 11)

4A
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in

relation to which pension schemes may be made), at the appropriate

places in the list of “Other Bodies” insert the following entries—


“The Commission for Healthcare Audit and Inspection.”;


“The Commission for Social Care Inspection.”.

4B
The CHAI and the CSCI must each pay to the Minister for the Civil

Service, at such times as the Minister may direct, such sums as he may

determine in respect of any increase attributable to paragraph 4A in the

sums payable out of money provided by Parliament under the

Superannuation Act 1972 (c. 11).”
219
Page 144, line 21, at end insert—

“25A
In section 55(3)(e)—

(a)
for “the Commission” substitute “the CSCI”;

(b)
for “section 31 or 46 of this Act” substitute “section 31 of this Act

or section 86 or 96 of the Health and Social Care (Community

Health and Standards) Act 2003”.”
Schedule 11
220
Page 148, line 21, at end insert—

“( )
in paragraph (d), for “or a section 17C employee” substitute “, a

section 17C employee or an Article 15B employee”;”

(  24  )
221
Page 148, line 22, at end insert—

“(2A)
In subsection (2), after the definition of “the 1978 Act” insert—


““Article 15B arrangements” means arrangements for the provision

of services made under Article 15B of the Health and Personal

Social Services (Northern Ireland) Order 1972 (1972 No. 1256

(N.I. 14));


“Article 15B employee” means an individual who, in connection

with the provision of services in accordance with Article 15B

arrangements, is employed by a person providing or

performing those services”.”
222
Page 148, line 25, at end insert—

“15A
In section 28EE(2), for “personal” substitute “primary”.”
223
Page 152, line 43, leave out “a list” and insert “all lists”
224
Page 152, line 44, leave out “such a list” and insert “a list under that section”
225
Page 154, line 15, leave out “28U” and insert “28TA”
226
Page 154, line 24, at end insert—

  “38A(1)
In Schedule 7A, paragraph 3 is amended as follows.

      (2)
In sub-paragraph (1)—

(a)
after paragraph (f) insert—

“(fa)
persons providing primary medical services or

primary dental services under Part 1 of this

Act;”;

(b)
in paragraph (g), omit the words from “or under” to “this Act”.

     (3)
In sub-paragraph (2), for “(1)(g)” substitute “(1)(fa), (g)”.”
Schedule 14
227
Page 166, line 26, at end insert—

“National Health Service
In section 15(1), the “and” before paragraph (b).”

Reform and Health Care

Professions Act 2002 (c. 17)

228
Page 169, line 24, column 2, leave out “and (j)” and insert “, (j) and (k)”
229
Page 170, line 32, column 2, at end insert—

“In Schedule 7A, in paragraph 3(1)(g), the

words from “or under” to “this Act”.”

230
Page 170, line 40, column 2, leave out “paragraphs 6 and 7” and insert “paragraph

6”
231
Page 171, column 2, leave out line 42