sc691001.81-87

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
81

House of Commons

Tuesday 10th January 2006

Standing Committee Proceedings

Standing Committee E

Health Bill

[Eleventh and twelfth Sittings]

Clause 33 , as amended, Agreed to.

Steve Webb

Stephen Williams

Withdrawn  79

Clause  34,  page  28,  line  41,  leave out from ‘all’ to end of line 11 on page 29 and

insert ‘persons’.

Clause Agreed to.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Withdrawn  29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

Not called  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.’.

S.C.E.Standing Committee Proceedings: 10th January 2006
82

Health Bill, continued

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  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

Not selected  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.’.

Clause Agreed to.

Clause 36 Agreed to.

Steve Webb

Stephen Williams

Not selected  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.”.’.

Clause Agreed to.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Withdrawn  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.’.

S.C.E.Standing Committee Proceedings: 10th January 2006
83

Health Bill, continued

Steve Webb

Stephen Williams

Not called  116

Clause  38,  page  34,  line  27,  after ‘every’, insert ‘dispensing optician or’.

Steve Webb

Stephen Williams

Not called  117

Clause  38,  page  34,  line  30,  after ‘optometrist’, insert ‘or dispensing optician’.

Steve Webb

Stephen Williams

Not called  118

Clause  38,  page  34,  line  36,  leave out paragraph (b).

Caroline Flint

Agreed to  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

Agreed to  113

Clause  38,  page  35,  leave out lines 27 to 32.

Clause, as amended, Agreed to.

Steve Webb

Stephen Williams

Withdrawn  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

Not called  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.’.

Clause Agreed to.

Clauses 40 to 52 and 54 Agreed to.

S.C.E.Standing Committee Proceedings: 10th January 2006
84

Health Bill, continued

Caroline Flint

Agreed to  77

Schedule  4,  page  73,  line  40,  leave out ‘a copy’ and insert ‘copies of the accounts

and’.

Schedule, as amended, Agreed to.

Clause 55 Agreed to.

Schedule 5 Agreed to.

Clauses 56 and 57 Agreed to.

Schedule 6 Agreed to.

Clauses 58 to 66 Agreed to.

Schedule 7 Agreed to.

Clauses 67 to 70 Agreed to.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Withdrawn  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

Not called  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

Not called  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

Not called  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

Not called  27

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

S.C.E.Standing Committee Proceedings: 10th January 2006
85

Health Bill, continued

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  28

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

Clause Agreed to.

New Clause relating to part 6

Amendments relating to Local Health Boards and abolition of Welsh health authorities

Caroline Flint

Added  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.’.

S.C.E.Standing Committee Proceedings: 10th January 2006
86

Health Bill, continued

Clause 53 Agreed to.

Caroline Flint

Agreed to  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

Agreed to  126

Schedule  3,  page  66,  line  5,  leave out paragraph 4.

Caroline Flint

Agreed to  127

Schedule  3,  page  66,  line  24,  at end insert—

‘Auditing of accounts of certain English NHS bodies

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.’.

Caroline Flint

Agreed to  128

Schedule  3,  page  66,  leave out lines 26 to 36 and insert—

    ‘(1)
Each English NHS body to which paragraph 5A applies must send a copy of

any accounts of the body audited as mentioned in paragraph 5A(2) to the

Secretary of State by the specified date.

      (2)
If the body is a Primary Care Trust, it must also send a copy of any such

accounts to the Strategic Health Authority within whose area the Trust’s area

falls.

S.C.E.Standing Committee Proceedings: 10th January 2006
87

Health Bill, continued

      (3)
Each Special Health Authority that is an English NHS body or cross-border

SHA must send copies of any annual accounts prepared by it under paragraph

5—

(a)
to the Secretary of State by the specified date, and

(b)
to the Comptroller and Auditor General as soon as is reasonably

practicable following the end of the financial year in question.

      (4)
In sub-paragraph (1) or (3) “the specified date”, in relation to a financial year,

means such date as the Secretary of State may direct in relation to that year for

the purposes of that sub-paragraph.’.

Caroline Flint

Agreed to  129

Schedule  3,  page  68,  line  8,  leave out ‘or 4’.

Schedule, as amended, Agreed to.

Clauses 72 to 74 Agreed to.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  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

Not called  2

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

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  3

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

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  4

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

Steve Webb

Stephen Williams

Not selected  97

Clause  75,  page  57,  line  25,  leave out ‘or (9)(6)’ and insert ‘(9)(6) or 13’.