S.C.E.
Amendment Paper as at
Tuesday 10th January 2006
STANDING COMMITTEE E
HEALTH BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [6th December 2005].
Steve Webb
Stephen Williams
79
Clause 34, page 28, line 41, leave out from 'all' to end of line 11 on page 29 and insert 'persons'.
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.'.
Steve Webb
Stephen Williams
120
Clause 37, page 34, line 18, at end add—
'(4) After subsection (3) insert—
"(4) Practices providing NHS services must be included in the Connecting for Health Programme.
(5) Optometrists shall have access to relevant sections of the patient electronic record (subject to informed consent) and NHS electronic GP and hospital referral systems.
(6) Submissions of claims for ophthalmic payments shall be processed by the Business Services Authority.".'.
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.'. |
Steve Webb
Stephen Williams
116
Clause 38, page 34, line 27, after 'every', insert 'dispensing optician or'.
Steve Webb
Stephen Williams
117
Clause 38, page 34, line 30, after 'optometrist', insert 'or dispensing optician'.
Steve Webb
Stephen Williams
118
Clause 38, page 34, line 36, leave out paragraph (b).
Caroline Flint
112
Clause 38, page 35, line 10, leave out from 'determine' to end of line 22 and insert 'the amount of its administrative expenses for that year.
( ) A Primary Care Trust may—
| (a) | on the request of a committee recognised by it, allot to that committee such sums as it may determine for defraying the committee's administrative expenses; and'. |
Caroline Flint
113
Clause 38, page 35, leave out lines 27 to 32.
Steve Webb
Stephen Williams
80
Clause 39, page 36, line 7, at end insert—
'( ) A description set out under subsection (2) shall include any person unqualified to dispense optical appliances to persons under the age of 16.'.
Steve Webb
Stephen Williams
119
Clause 39, page 36, line 7, at end insert 'which may include persons unqualified to dispense optical appliances to persons under the age of 16.'.
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'.
NEW CLAUSE RELATING TO PART 6
Amendments relating to Local Health Boards and abolition of Welsh health authorities
Caroline Flint
NC8
To move the following Clause:—
'(1) The Secretary of State or the Assembly may by order make such amendments of any enactment as he or it considers appropriate—
| (a) | in order to reflect the fact that (by virtue of relevant directions) transferred functions may be exercised by Local Health Boards, or |
| (b) | otherwise in consequence of, or in connection with, the abolition of Welsh health authorities effected under section 27(5) of the Government of Wales Act 1998 (c.38). |
(2) Where a transferred function which became exercisable by a Local Health Board by virtue of relevant directions ceases to be so exercisable, the Secretary of State or the Assembly may by order—
| (a) | substitute for any reference to a Local Health Board in any enactment relating to the function a reference to the Assembly, and |
| (b) | make such amendments of any enactment as he or it considers appropriate in consequence of any such substitution. |
(3) No order may be made under subsection (1)(a) in relation to a transferred function on or after the date on which subsection (4) applies to the function.
(4) This subsection applies to a transferred function on the date when either of the following comes into force in relation to the function—
| (a) | an order made under subsection (1)(b) which amends an enactment so as to provide for the function to be exercisable only by the Assembly, or |
| (b) | an order made under subsection (2). |
(5) In this section—
"amendments" includes repeals, revocations and modifications;
"the Assembly" means the National Assembly for Wales;
"relevant directions" means directions given in regulations made under section 16BB of the National Health Service Act 1977 (c.49);
"transferred function" means a function transferred to the Assembly by the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W. 98));
"Welsh health authority" means a Health Authority for an area in, or consisting of, Wales.'.
Caroline Flint
125
Schedule 3, page 65, line 39, leave out paragraph 3 and insert—
| '3 | (1) | Each English NHS body or cross-border SHA must keep proper accounts and proper records in relation to the accounts. |
| (2) | If the Secretary of State so directs with the approval of the Treasury, the accounts of any such body of a description specified in the direction must be kept in such form as is so specified. |
| (3) | Each Welsh NHS body must keep proper accounts and proper records in relation to the accounts. |
| (4) | If the Assembly so directs with the approval of the Treasury, the accounts of any such body of a description specified in the direction must be kept in such form as is so specified. |
| (5) | This paragraph has effect subject to the exception in paragraph 10(2).'. |
Caroline Flint
126
Schedule 3, page 66, line 5, leave out paragraph 4.
Caroline Flint
127
Schedule 3, page 66, line 24, at end insert—
| 5A | (1) | This paragraph applies to any English NHS body that is not a Special Health Authority (as to which, see paragraph 7). |
| (2) | Any annual accounts prepared by any such body under paragraph 5 are to be audited in accordance with the Audit Commission Act 1998 (c.18) by an auditor or auditors appointed by the Audit Commission (see section 2(1)(b) of that Act). |
| (3) | The Comptroller and Auditor General may examine— |
(a) any such accounts and any records relating to them, and
(b) any report on them by the auditor or auditors.
| (4) | In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.'. |
