House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23 June 2009
134

Health Bill [Lords] continued

Mike Penning

Mr Stephen O’Brien

91

Clause  22,  page  26,  line  3,  leave out ‘may’ and insert ‘shall’.

Mike Penning

Mr Stephen O’Brien

196

Clause  22,  page  26,  line  5,  leave out ‘an automatic’ and insert ‘a self service’.

Mike Penning

Mr Stephen O’Brien

197

Clause  22,  page  26,  leave out lines 7 to 10 and insert ‘requirements as to the location of

any automatic machine for the sale of tobacco which would prevent the purchase of

tobacco by any person aged under 18.’.

Mike Penning

Mr Stephen O’Brien

198

Clause  22,  page  26,  line  7,  after ‘machine’, insert ‘in a public area’.

Mike Penning

Mr Stephen O’Brien

103

Clause  22,  page  26,  leave out lines 9 and 10.

Mr Stephen O’Brien

Mike Penning

34

Clause  25,  page  28,  line  6,  after ‘area’, insert ‘including an assessment of local

needs for the services of dispensing doctors.’.

Mr Stephen O’Brien

Mike Penning

35

Clause  25,  page  28,  line  9,  at end insert—

‘(za)
placing a duty on primary care trusts to consult patients, Local

Involvement Networks and members of the public on local needs for

pharmaceutical services.’.

Mr Stephen O’Brien

Mike Penning

33

Clause  25,  page  28,  line  16,  at end insert—

‘(e)
requiring the Secretary of State to implement pilot schemes for primary

care trusts in carrying out pharmaceutical needs assessments before they

are rolled out nationally; and for those pilot schemes to be evaluated 12

months after they commence.’.

Public Bill Committee: 23 June 2009
135

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

145

Clause  25,  page  28,  line  24,  after ‘assessment’, insert—

‘(e)
for appeals to the Secretary of State or a body in relation to the content of

the statement made by PCTs.’.

Mr Stephen O’Brien

Mike Penning

135

Clause  25,  page  28,  line  24,  at end insert—

‘(e)
as to differing assessment criteria for urban and rural needs.’.

Mr Stephen O’Brien

Mike Penning

175

Clause  26,  page  28,  line  37,  at beginning insert ‘pharmaceutical’.

Mr Stephen O’Brien

Mike Penning

176

Clause  26,  page  28,  line  37,  after first ‘the’, insert ‘pharmaceutical’.

Mr Stephen O’Brien

Mike Penning

147

Clause  26,  page  29,  line  5,  after ‘application’, insert ‘including a duty for Primary

Care Trusts to consult patients on the decision to grant the application’.

Mr Stephen O’Brien

Mike Penning

36

Clause  26,  page  29,  line  5,  at end insert—

‘(aa)
the terms by which an applicant to the pharmaceutical list is deemed to

be compliant with the adoption of a computer system accredited with the

Electronic Prescription Service.’.

Mr Stephen O’Brien

Mike Penning

37

Clause  26,  page  29,  line  8,  at end insert ‘including the impact that granting an

appliction would have on existing services.’.

Mr Stephen O’Brien

Mike Penning

133

Clause  28,  page  30,  line  12,  after ‘period’, insert ‘and in consultation with the

Public Bill Committee: 23 June 2009
136

Health Bill [Lords] continued

professional and regulatory bodies for pharmacists.’.

Mr Stephen O’Brien

Mike Penning

150

Clause  29,  page  31,  line  7,  leave out ‘prescribed circumstances’ and insert

‘accordance with regulations issued by the Secretary of State’.

Mr Stephen O’Brien

Mike Penning

151

Clause  29,  page  31,  line  7,  at end insert—

‘(2C)
The regulations under this section must make provision—

(a)
as to the circumstances under which a Primary Care Trust may provide

local pharmaceutical services.

(b)
as to a duty placed on Primary Care Trusts to report any plan to provide

such services to the Secretary of State.’.

Mr Stephen O’Brien

Mike Penning

134

Clause  31,  page  31,  line  36,  after ‘period’, insert ‘and in consultation with the

professional and regulatory bodies for pharmacists in Wales’.

Mr Stephen O’Brien

Mike Penning

40

Clause  33,  page  32,  line  32,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

41

Schedule  5,  page  53,  line  12,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

138

Schedule  5,  page  53,  line  13,  leave out ‘adult’.

Public Bill Committee: 23 June 2009
137

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

42

Schedule  5,  page  53,  line  14,  leave out from ‘interpretation’ to second ‘social’ and

insert ‘social care provider” and’.

Mr Stephen O’Brien

Mike Penning

43

Schedule  5,  page  53,  line  16,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

63

Schedule  5,  page  53,  line  17,  leave out from ‘2008’ to end of line 18.

Mr Stephen O’Brien

Mike Penning

44

Schedule  5,  page  53,  line  19,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

45

Schedule  5,  page  53,  line  21,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

104

Schedule  5,  page  53,  leave out lines 25 to 35.

Mr Stephen O’Brien

Mike Penning

46

Schedule  5,  page  53,  line  25,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

47

Schedule  5,  page  53,  line  30,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

48

Schedule  5,  page  53,  line  32,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

49

Schedule  5,  page  54,  line  1,  leave out ‘adult’.

Public Bill Committee: 23 June 2009
138

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

50

Schedule  5,  page  54,  line  2,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

64

Schedule  5,  page  54,  line  4,  leave out ‘not’ and insert ‘choose not to’.

Mr Stephen O’Brien

Mike Penning

51

Schedule  5,  page  54,  line  17,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

52

Schedule  5,  page  54,  line  32,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

65

Schedule  5,  page  54,  line  37,  leave out ‘an order in Council’ and insert

‘regulations’.

Mr Stephen O’Brien

Mike Penning

66

Schedule  5,  page  54,  line  39,  leave out from beginning of line to ‘made’ and insert

‘A regulation’.

Mr Stephen O’Brien

Mike Penning

144

Schedule  5,  page  54,  line  40,  leave out from ‘(10)’ to end of line 41 and insert ‘may

not be made unless a draft of the Instrument has been laid before and approved by a

resolution of each House of Parliament.’.

Mr Stephen O’Brien

Mike Penning

67

Schedule  5,  page  55,  leave out line 6 and insert—

‘(a)
a person who has power of attorney for D’.

Mr Stephen O’Brien

Mike Penning

68

Schedule  5,  page  55,  line  14,  leave out ‘12’ and insert ‘36’.

Public Bill Committee: 23 June 2009
139

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

69

Schedule  5,  page  55,  line  26,  at end insert—

    ‘(4)
Where the Local Commissioner chooses not to disapply, he must write to the

complainant giving reasons for his decision.’.

Mr Stephen O’Brien

Mike Penning

53

Schedule  5,  page  56,  line  8,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

70

Schedule  5,  page  56,  leave out line 14 and insert—

    ‘(2)
The Local Commissioner may choose to conduct an investigation under this

part in private.’.

Mr Stephen O’Brien

Mike Penning

71

Schedule  5,  page  56,  line  30,  at end insert—

‘FA
Complaints: Emergency Action

(1)
If, on receiving a complaint under section 34D, the Local Commissioner has

immediate and urgent concerns, he may inform—

(a)
the Care Quality Commission,

(b)
the local authority,

(c)
the Police,

(d)
the Secretary of State.

(2)
The Secretary of State may issue guidelines on circumstances of “immediate and

urgent concern”. These may include—

(a)
all forms of abuse,

(b)
malnutrition,

(c)
infection.’.

Mr Stephen O’Brien

Mike Penning

54

Schedule  5,  page  56,  line  35,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

105

Schedule  5,  page  57,  line  15,  at end insert—

  ‘(8A)
A Local Commissioner may apply to the High Court in order that a judge may

issue any order in regard to evidence with the powers of compulsion available

to such judicial authority which would not otherwise be available to the Local

Commissioner’.

Public Bill Committee: 23 June 2009
140

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

72

Schedule  5,  page  58,  line  3,  after ‘provider’, insert ‘or any other person’.

Mr Stephen O’Brien

Mike Penning

73

Schedule  5,  page  58,  line  9,  at end insert—

  ‘(4A)
“any other person” under section 34H(4) may include—

(a)
the Care Quality Commission,

(b)
the local authority,

(c)
the Secretary of State,

(d)
the Department of Health’.

Mr Stephen O’Brien

Mike Penning

75

Schedule  5,  page  58,  line  24,  at end insert ‘and

(c)
the Member of Parliament in whose constituency any person concerned

under section 34H(6) lives or works.’.

Mr Stephen O’Brien

Mike Penning

55

Schedule  5,  page  58,  line  25,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

76

Schedule  5,  page  58,  line  31,  at end insert—

‘(8A)
In the case of section 34H(8)(b) applying, the Local Commissioner must submit

his reasons, in writing, to the Secretary of State.’.

Mr Stephen O’Brien

Mike Penning

56

Schedule  5,  page  58,  line  44,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

74

Schedule  5,  page  58,  line  47,  after ‘provider’, insert ‘or any other person’.

Mr Stephen O’Brien

Mike Penning

57

Schedule  5,  page  59,  line  9,  leave out ‘adult’.