Amendments proposed to the Health Bill - continued House of Commons

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Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

20

Clause     28,     page     26,     line     2,     at end add—

    '( )   The Health Ministers will ensure that responsible pharmacists can seek guidance under this section.'.


   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

21

Clause     31,     page     26,     line     28,     at end insert—

      '(c) require Primary Care Trusts to refund the fee if an application is not determined within 28 days.'.


   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

29

Clause     35,     page     32,     line     47,     at end insert—

    '( )   Regulations under subsection (2) must make provision for all those with entitlement to GOS to retain the right to have that delivered by the provider of his or her choice.'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

30

Clause     35,     page     32,     line     47,     at end insert—

    '( )   Regulations under subsection (2) must make provision as to the right of those qualifying for a GOS sight test to have that sight test, and for the provider to be recompensed without any limitation on the number of sight tests carried out either in total or at any listed practice.'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

31

Clause     35,     page     32,     line     47,     at end insert—

    '( )   Regulations under subsection (2) shall direct that the Primary Care Trust will not be able to place any limitation on the number of providers or performers listed in their area, or deny the right of any performer listed by another Primary Care Trust to undertake sight tests in their area.'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

32

Clause     35,     page     32,     line     47,     at end insert—

    '( )   Regulations under section 16CD(4) shall direct that the remuneration paid to providers for each sight test shall be a nationally negotiated fee as agreed from time to time by the Secretary of State.'.


   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

33

Clause     38,     page     34,     line     26,     at end insert—

      '(c) dispensing opticians, to whom payments are made for meeting or contributing towards the cost incurred for the supply of optical appliances or their replacement or repair.'.


   

Caroline Flint

77

*Schedule     4,     page     73,     line     40,     leave out 'a copy' and insert 'copies of the accounts and'.


   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

23

Clause     71,     page     54,     line     17,     leave out 'which may be' and insert 'that will be'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

24

Clause     71,     page     54,     line     28,     leave out 'which may be' and insert 'that will be'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

25

Clause     71,     page     55,     line     2,     leave out 'which may be' and insert 'that will be'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

26

Clause     71,     page     55,     line     9,     leave out 'which may be' and insert 'that will be'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

27

Clause     71,     page     55,     line     14,     leave out 'which may be' and insert 'that will be'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

28

Clause     71,     page     55,     line     19,     leave out 'which may be' and insert 'that will be'.


   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

22

Clause     75,     page     57,     line     24,     leave out from 'instrument' to end of line 31 and insert 'under this Act'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

2

Clause     75,     page     57,     line     25,     after 'section', insert '2 (5)'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

3

Clause     75,     page     57,     line     25,     after '4', insert '5'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

4

Clause     75,     page     57,     line     25,     leave out '6(8)' and insert '6'.

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

68

Clause     75,     page     57,     line     45,     at end add—

    '(8)   Any statutory instrument made under Part 1 of this Act will cease to have effect three years after it comes into force unless the instrument concerned has been laid before and approved for continuation by a resolution of each House of Parliament.'.


   

Steve Webb
Stephen Williams

54

Clause     79,     page     59,     line     40,     at end insert—

    '(5A)   Part 1 and sections 72 and 73 so far as relating to offences under that Part shall come into force in relation to England at noon on 1st January 2007;'.


REMAINING NEW CLAUSES

Breastfeeding etc.

   

Mr David Kidney

NC3

To move the following Clause:—

    '(1)   Subject to subsection (2), it is an offence deliberately to prevent or stop a person in charge of a child from feeding milk to that child in a public place or on licensed premises.

    (2)   Subsection (1) does not apply if the child, at the material time, is not lawfully permitted to be in the public place or on the licensed premises otherwise than for the purpose of being fed milk.

    (3)   A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (4)   In this section—"child" means a person who has not yet attained the age of two years;"feeding" includes—

      (a) breastfeeding; and

      (b) feeding from a bottle or other container;

    "licensed premises" means premises used for licensable activity under Part III of the Licensing Act 2003 (c. 17);"milk" means breastmilk, cow's milk or infant formula;"public place" means any place to which, at the material time, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.'.


Vicarious liability

   

Mr David Kidney

NC4

To move the following Clause:—

    '(1)   Anything done by a person in the course of that person's employment shall, in any proceedings brought under section [Breastfeeding etc.], be treated for the purpose of this section as done also by that person's employer, whether or not it was done with the employer's knowledge or approval.

    (2)   Anything done by a person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under section [Breastfeeding etc.] be treated for the purpose of this section as done also by that other person.

    (3)   In proceedings brought under this Part of this Act against an employer in respect of an offence under section [Breastfeeding etc.] alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee from committing such an offence in the course of the employee's employment.

    (4)   In this section, "employment" means employment under a contract of service or of an apprenticeship or a contract personally to do any work; and related expressions are to be construed accordingly.'.


Fixed penalties for offence of preventing a person feeding milk to a child

   

Mr David Kidney

NC5

To move the following Clause:—

    '(1)   An authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section [Breastfeeding etc.] on premises, or in a place or vehicle, in relation to which the authorised officer has functions may give him a penalty notice in respect of the offence.

    (2)   A penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Part.

    (3)   Schedule 1 makes further provision about fixed penalties.'.


Promotion and support of breastfeeding

   

Mr David Kidney

NC6

To move the following Clause:—

    '(1)   After section 1A of the National Health Service Act 1977 (c. 49) insert—

          ''1AA    Breastfeeding

          (1)   The Secretary of State shall make arrangements to such extent as he considers necessary to meet all reasonable requirements, for the purpose of supporting and encouraging the breastfeeding of children by their mothers.

          (2)   The Secretary of State shall have the power to disseminate, by whatever means, information promoting and encouraging breastfeeding.".'.


   

Jeff Ennis

71

Title,     line     2,     after 'vehicles', insert 'to make provision in relation to the sale of tobacco'.

   

Mr David Kidney

70

Title,     line     10,     after 'Commission;', insert 'to make it an offence to prevent or stop a person in charge of a child who is otherwise to be permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding;'.


ORDER OF THE HOUSE [29th NOVEMBER]

That the following provisions shall apply to the Health Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Commitee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 10th January 2006.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
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