Health and Social Care BIll

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care BIll

5

Clause 77
23
Page 37, line 27, leave out from second “time” to “prepare” in line 28
Clause 79
24
Page 38, line 25, leave out “and”
25
Page 38, line 26, at end insert “, and

(e)
the steps taken by it during the year to implement the proposals in

its statement under section (Statement on user involvement)

(statement on user involvement).”
Clause 81
26
Page 39, line 37, leave out subsection (5)
After Clause 91
27
Insert the following new Clause—

“Crown application

(1)
Any provision made by or under Chapter 2 or 3 or this Chapter binds the

Crown, but does not affect Her Majesty in her private capacity.

(2)
Subsection (1)—

(a)
does not require regulations made under section 4 to be made so as

to apply to activities carried on by or on behalf of the Crown, and

(b)
is to be read as if section 38(3) of the Crown Proceedings Act 1947

(c. 44) (references to Her Majesty in her private capacity) were

contained in this Act.

(3)
No contravention of any provision made by or under Chapter 2 or 3 or this

Chapter is to make the Crown criminally liable; but the High Court may

declare unlawful any act or omission of the Crown which constitutes such

a contravention.

(4)
The provisions of Chapters 2 and 3 and this Chapter apply to persons in the

public service of the Crown as they apply to other persons.

(5)
If the Secretary of State certifies that it appears to the Secretary of State

requisite or expedient in the interests of national security that the powers

of entry and inspection conferred by sections 58 and 59—

(a)
should not be exercisable in relation to any premises which are used

by or on behalf of the Crown and are specified in the certificate, or

(b)
should not be exercisable in relation to any premises which are so

used and are specified in the certificate, except in circumstances

specified in the certificate,


those powers are not exercisable in relation to those premises or (as the case

may be) are not exercisable in relation to those premises except in those

circumstances.”



6

Clause 92
28
Page 45, line 5, leave out “by or pursuant to arrangements made” and insert “or

commissioned”
29
Page 45, line 8, leave out “by or pursuant to arrangements made” and insert “or

commissioned”
30
Page 46, line 3, leave out from “or” to end of line 5 and insert “commissioned by

Primary Care Trusts (whether from other English NHS providers or not)”
31
Page 46, line 18, at end insert—

“( )
Any reference in this Part to health care commissioned by a Primary Care

Trust is a reference to health care provided by other persons pursuant to

arrangements made by the Trust.

( )
Any reference in this Part to adult social services commissioned by an

English local authority is a reference to adult social services provided by

other persons pursuant to arrangements made by the authority.”
Clause 111
32
Page 56, leave out lines 13 to 17
Clause 114
33
Page 61, leave out lines 37 to 39 and insert—

“( )
A statutory instrument that—

(a)
contains regulations made by the Secretary of State under section

45A, and

(b)
is not subject to a requirement that a draft of the instrument be laid

before, and approved by a resolution of, each House of Parliament,


is subject to annulment in pursuance of a resolution of either House of

Parliament.

( )
The Secretary of State may not make a statutory instrument containing

(whether alone or with other provision) the first regulations under section

45A that include provision made by the Secretary of State by virtue of

section 45B unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.”
34
Page 61, line 44, leave out from beginning to end of line 2 on page 62 and insert—

“( )
A statutory rule that—

(a)
contains regulations made by the Department of Health, Social

Services and Public Safety in Northern Ireland under section 45A,

and

(b)
is not subject to a requirement that a draft of the statutory rule be

laid before, and approved by a resolution of, the Northern Ireland

Assembly,


is subject to negative resolution within the meaning of section 41(6) of the

Interpretation Act (Northern Ireland) 1954.

( )
The Department of Health, Social Services and Public Safety in Northern

Ireland may not make a statutory rule containing (whether alone or with

other provision) the first regulations under section 45A that include

provision made by the Department by virtue of section 45B unless a draft

7

of the statutory rule has been laid before, and approved by a resolution of,

the Northern Ireland Assembly.”
Clause 116
35
Page 63, line 45, at end insert—

“( )
In making regulations under this section the appropriate Minister must

have regard to the importance of avoiding unfair prejudice to health care

workers against whom unsubstantiated allegations are made.”
After Clause 117
36
Insert the following new Clause—

“Hearing Aid Council

Dissolution of Hearing Aid Council

(1)
The Hearing Aid Council is dissolved.

(2)
The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council

(Extension) Act 1975 (c. 39) cease to have effect.

(3)
An order under section 162(2) may not appoint a day for the coming into

force of—

(a)
subsection (1), or

(b)
subsection (2), so far as relating to the profession mentioned in

section 60(2)(ca) of the Health Act 1999 (c. 8),


unless the following conditions are met.

(4)
Those conditions are—

(a)
that an Order in Council under section 60 of the Health Act 1999

(c. 8) (regulation of health care and associated professions) has

made provision by virtue of subsection (2)(ca) of that section

(regulation of dispensers of hearing aids), and

(b)
that the day appointed under section 162(2) is not earlier than the

day on which the Order in Council, so far as making such provision,

comes into force.

(5)
The Secretary of State may by order make provision for the transfer of

property, rights and liabilities of the Hearing Aid Council to any relevant

regulatory body or to the Secretary of State.

(6)
For that purpose a “relevant regulatory body” is any body which under an

Order in Council under section 60 of the Health Act 1999 (c. 8) is

responsible for the regulation of the profession mentioned in subsection

(2)(ca) of that section.”
Clause 123
37
Page 68, line 33, leave out “or disposal of dead bodies or” and insert “, burial or

cremation of dead bodies or the handling, transport or disposal of ”
38
Page 70, leave out lines 18 to 21 and insert—

8

“(6A)
Regulations under section 45C which enable a special restriction or

requirement to be imposed by virtue of a decision taken under the

regulations must also provide that, if the restriction or requirement is

capable of remaining in force in relation to any person, thing or premises

for more than a specified period, a specified person may require the

continuation of the restriction or requirement to be reviewed in accordance

with the regulations at specified intervals by a person determined in

accordance with the regulations.

(6B)
In relation to a special restriction or requirement mentioned in section

45G(2)(c) or (d)—

(a)
the period specifed by virtue of subsection (6A) and the intervals

specified by virtue of that subsection must be 28 days or less, and

(b)
the regulations must require the continuation of the restriction or

requirement to be reviewed without an application being made.”
39
Page 71, leave out line 47 and insert—

“(d)
in the case of a dead body, that the body be buried or cremated;

(e)
in any other case, that the thing be destroyed or disposed of.”
40
Page 75, line 8, leave out from “(d)” to end of line 9 and insert “neither the period

specified under subsection (1) nor the period of any extension under subsection (2)

may exceed 28 days or such shorter period as the appropriate Minister may by

regulations prescribe.”
41
Page 75, leave out lines 11 to 13
42
Page 75, line 21, at end insert—

“(2A)
The appropriate Minister must by regulations require a local authority to

give notice to such persons as may be prescribed by the regulations of the

making of an application for a Part 2A order, but this is subject to

subsection (3).”
43
Page 75, line 24, at end insert “or regulations under subsection (2A)”
44
Page 77, line 25, leave out “or”
45
Page 77, line 26, at end insert—

“( )
the first regulations to be made under section 45L(4),”
46
Page 77, line 26, at end insert “or

( )
the first regulations to be made under section 45N.”
47
Page 77, line 43, after “If” insert “an instrument or”
Clause 126
48
Page 81, line 32, leave out subsection (6) and insert—

“( )
In section 121E of that Act (supply of information by Her Majesty’s

Revenue and Customs), in subsection (1), after “contributions,” insert

“health in pregnancy grant,”.

( )
In section 121F of that Act (supply of information to Her Majesty’s Revenue

and Customs), in subsection (2), after “contributions,” insert “health in

pregnancy grant,”.”