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Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL]


 

Contaminated Blood (Support for Infected and

 

Bereaved Persons) Bill [HL]

 

 
 

Contents

1   

Committee to advise on treatment of haemophilia

2   

Blood donations

3   

Treatment of people treated with and infected by contaminated NHS blood or

blood products

4   

Financial compensation for people treated with and infected by contaminated

NHS blood or blood products

5   

Review

6   

Regulations, short title, commencement and extent

 

Bill 109                                                                                                

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Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL]

1

 

[NOTE: The words marked in bold type were inserted by the Lords to avoid

questions of privilege.]

A

Bill

To

Establish a committee to advise on haemophilia; to make provision in relation

to blood donations; to establish a scheme for NHS Compensation Cards for

people who have been treated with and infected by contaminated blood or

blood products; to make provision for the financial compensation of people

treated with and infected by contaminated blood and blood products and

their widows, dependants and carers; to establish a review of the support

available for people who have been treated with and infected by contaminated

blood or blood products; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Committee to advise on treatment of haemophilia

(1)   

Within six months of the passing of this Act, the Secretary of State shall by

regulations establish a Committee (“the Committee”) to advise on the

treatment of haemophilia in the United Kingdom.

(2)   

The Committee shall in particular provide advice on—

5

(a)   

the selection, procurement and delivery of available therapies for

people with haemophilia and, in particular, those treated with and

infected by contaminated National Health Service (NHS) blood or

blood products;

(b)   

the accessibility for people with haemophilia to haemophilia

10

treatments and to treatments for conditions which arise from

haemophilia treatment;

(c)   

the financial and other needs of people with haemophilia;

(d)   

how provisions for people treated with and infected by contaminated

NHS blood or blood products compare with those in other countries.

15

(3)   

The membership of the Committee shall include—

(a)   

specialist haemophilia clinicians;

(b)   

representatives of the Haemophilia Society;

(c)   

representatives of the Department of Health;

 

Bill 109                                                                                                

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Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL]

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(d)   

representatives of people with haemophilia, through nomination by

the Haemophilia Society and other bodies working to support people

with haemophilia.

(4)   

The Secretary of State shall consult the Committee before making substantial

changes in policy regarding the treatment of people with haemophilia and

5

before introducing legislation which affects them.

(5)   

If the Committee deems it necessary, the Secretary of State shall by regulations

establish one or more regional sub-committees to exercise prescribed functions

which fall to the Committee.

2       

 Blood donations

10

(1)   

The Secretary of State shall by regulations establish a system to ensure that all

people with haemophilia who have received blood or blood products under

the NHS, and any partners of those people, are offered a test for the conditions

listed in subsection (2).

(2)   

The conditions are—

15

(a)   

hepatitis B,

(b)   

hepatitis C,

(c)   

human immunodeficiency virus,

(d)   

human T-lymphotropic virus,

(e)   

syphilis, and

20

(f)   

variant Creutzfeldt-Jakob disease.

(3)   

The Secretary of State shall also by regulations establish a system to ensure that

the blood supply is made safe through the implementation of prion filtration

and that all blood donors are routinely tested for the conditions listed in

subsection (2).

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(4)   

The Committee shall keep under review the list of conditions in subsection (2)

and shall make recommendations to the Secretary of State as to the addition or

removal of medical conditions in the list as appropriate.

(5)   

Upon a recommendation from the Committee as to the alteration of the list of

medical conditions in subsection (2), the Secretary of State shall by regulations

30

amend the system for testing accordingly.

3       

Treatment of people treated with and infected by contaminated NHS blood or

blood products

(1)   

The Secretary of State shall by regulations establish a scheme to issue NHS

Compensation Cards to all people who have been treated with and infected by

35

contaminated blood or blood products under the NHS.

(2)   

The scheme shall make provision to allow holders of NHS Compensation

Cards to access the following benefits free of charge under the NHS—

(a)   

prescription drugs,

(b)   

counselling,

40

(c)   

physiotherapy,

(d)   

occupational therapies and other therapies allied to medicine,

(e)   

home nursing.

 
 

Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL]

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(3)   

The scheme shall also make provision to allow holders of NHS Compensation

Cards to receive priority NHS treatment whenever possible.

4       

Financial compensation for people treated with and infected by contaminated

NHS blood or blood products

(1)   

The Secretary of State shall by regulations make provisions to allow the

5

following beneficiaries to claim for financial compensation—

(a)   

persons who have received contaminated blood or blood products

under the NHS and contracted any of the conditions listed in section

2(2) as a consequence,

(b)   

persons who have been, or are still, unable to work because they have

10

acted, or still act, as the primary carer of a person within paragraph (a),

and

(c)   

widows and other dependants of a person within paragraph (a).

(2)   

The regulations shall ensure that payment of the compensation will—

(a)   

take the form of an initial capital sum, followed by prescribed

15

periodical payments,

(b)   

be paid directly to the beneficiary, rather than through a separate trust

or fund,

(c)   

not be means-tested,

(d)   

not be dependent upon the initial reason for which the person was first

20

given contaminated NHS blood or blood products,

(e)   

not be dependent on the age of the person when contaminated NHS

blood or blood products were given,

(f)   

not be dependent on when an infected person received contaminated

NHS blood or blood products,

25

(g)   

in the case of a carer, widow or dependant, and where the person being

cared for has subsequently died, not be dependent on the date of death

of that person,

(h)   

not affect the calculation of any other benefits to which the beneficiary

is entitled.

30

(3)   

The regulations shall also make provisions to ensure that where the beneficiary

is a child, the compensation will be paid to a parent or guardian of that child.

(4)   

When making the regulations the Secretary of State shall have regard to any

comparable compensation schemes offered in other countries.

(5)   

The Secretary of State shall establish an appeal mechanism for those persons

35

whose claims for compensation made pursuant to subsection (1) are rejected.

5       

Review

(1)   

Within six months of the passing of this Act, the Secretary of State shall, in

conjunction with the Committee, establish a review into—

(a)   

the conditions under which widows and other dependants of people

40

who have been treated with and infected by contaminated NHS blood

or blood products, and subsequently died, become eligible for benefits;

(b)   

the provision of medical insurance for people who have been treated

with and infected by contaminated NHS blood or blood products;

 
 

Contaminated Blood (Support for Infected and Bereaved Persons) Bill [HL]

4

 

(c)   

the number of people who may have unknowingly been treated with

and infected by contaminated NHS blood products, and the way in

which these people could be informed and supported;

(d)   

the amount and sources of funding for charities which support people

with haemophilia.

5

(2)   

Within one year of the passing of this Act, the Secretary of State shall lay a

report before Parliament setting out the findings and recommendations of the

review.

6       

Regulations, short title, commencement and extent

(1)   

Regulations made by the Secretary of State under this Act are to be made by

10

statutory instrument.

(2)   

A statutory instrument which contains any regulations made under this Act is

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

Parliament, unless it is an instrument to which subsection (3) applies.

(3)   

A statutory instrument which contains, whether alone or with other

15

provisions, any regulations made under section 2(5) or 4 may not be made

unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.

(4)   

This Act may be cited as the Contaminated Blood (Support for Infected and

Bereaved Persons) Act 2010.

20

(5)   

This Act shall come into force on the day on which it is passed.

(6)   

This Act extends to England and Wales only.

(7)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

25

application of any money raised by any such charge.

 
 

 

 
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