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Lord Rea: My Lords, naturally I shall not press the amendment, particularly at this stage. However, I am a little disappointed that my advocacy has not had the desired effect. The amendment may well crop up again--not at Third Reading in this House but perhaps in another place. In the meantime, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Baroness Cumberlege moved Amendment No. 67:
On Question, amendment agreed to.
Baroness Cumberlege moved Amendment No. 68:
The noble Baroness said: My Lords, in moving Amendment No. 68 I shall speak also to Amendments Nos. 69, 85 and 90. The amendments in this group make minor technical changes to clarify ambiguities, tidy up the drafting and remove obsolete provisions in NHS legislation in preparation for a consolidation Bill. These will ensure that the statute book is easier to follow and remove the need to repeat inaccuracies in the consolidation. I beg to move.
On Question, amendment agreed to.
Baroness Cumberlege moved Amendment No. 69:
On Question, amendment agreed to.
Schedule 1 [Preferential Treatment on Transferring to Medical Lists]:
Baroness Cumberlege moved Amendments Nos. 70 and 71:
The noble Baroness said: My Lords, with the leave of the House I shall move Amendments Nos. 70 and 71 en bloc. I have spoken to these amendments already. I beg to move.
On Question, amendments agreed to.
Schedule 2 [Minor and Consequential Amendments]:
Baroness Cumberlege moved Amendment No. 72:
On Question, amendment agreed to.
[Amendments Nos. 73 to 75 not moved.]
Baroness Cumberlege moved Amendments Nos. 76 to 85:
Page 30, line 26, at end insert--
("( ) Orders under subsections (3) and (7) must be made by statutory instrument.").
Page 30, line 27, at beginning insert ("Part I of").
Page 30, line 27, at end insert--
("( ) Part II of Schedule 2 makes amendments to facilitate, or which are otherwise desirable in connection with, the consolidation of certain enactments relating to the health service.").
Page 31, line 19, after ("relates") insert ("(whether wholly or in part)").
Page 32, line 12, at end insert ("(whether kept under the 1977 Act or the 1978 Act)").
Page 33, line 30, leave out ("as to whether there is a vacancy").
Page 36, line 11, at end insert--
(" . In Schedule 12, in paragraph 1(1)(b), after "drug or medicine" insert "(otherwise than in accordance with section 28C arrangements)".").
Page 36, line 25, leave out ("as to whether there is a vacancy").
Page 36, line 37, at end insert--
(" . In section 28(2)(b), after "that" insert "(i)", and after "arrangements" insert ", and
(ii) all additional pharmaceutical services provided in accordance with a direction under section 27A,".").
Page 37, line 13, leave out from ("body"") to end of line 14 and insert ("means a person or body within the meaning of section 17A(2);";").
Page 37, line 18, leave out ("means arrangements made under section 17C"") and insert ("has the same meaning as in section 17D(4)"").
Page 39, line 5, at end insert--
(" . In Schedule 11, in paragraph 1(1)(b), after "drug or medicine" insert "(otherwise than in accordance with section 17C arrangements)".").
Page 39, leave out lines 14 to 16 and insert ("or (iii)").
Page 39, line 20, leave out from first ("section") to ("at") in line 21 and insert ("17,").
Page 39, line 24, at end insert ("or section 27A of the National Health Service (Scotland) Act 1978"").
Page 39, line 28, at end insert--
34.--(1) Section 10 of the National Health Service Act 1966 is amended as follows.
(2) In subsection (1), omit "Part II of the National Health Service Act 1977 or" and "section 56 of the said Act of 1977 or".
(3) In subsection (2), omit "the Minister or, as the case may be,".
(4) Omit subsection (3).
35. The 1977 Act is amended in accordance with paragraphs 36 to 43.
36.--(1) Section 29 is amended as follows.
(2) In subsection (1), after "regulations" insert "which shall be made for the purpose".
(3) In subsection (2)(a), for "of lists" substitute "by each Health Authority of a list" and after "services" insert "for persons in the Health Authority's area".
(4) Subsection (4) continues to have effect as originally enacted.
37. In section 35(1), after "regulations" insert "which shall be made for the purpose".
38. In section 36(1)(a), for "of lists" substitute "by each Health Authority of a list" and after "services" insert "for persons in the Health Authority's area".
39. In section 38(1), after "with regulations" insert "which shall be made for the purpose".
40. In section 39(a), for "of lists of medical practitioners, and ophthalmic opticians, respectively," substitute "by each Health Authority of a list of medical practitioners and a list of ophthalmic opticians" and after "services" insert "for persons in the Health Authority's area".
41. In section 41, after "with regulations" insert "which shall be made for the purpose".
42. Omit section 43A(3).
43. Omit paragraph 37 of Schedule 15.
44.--(1) This paragraph applies where an amendment made by this Part of this Schedule to section 29(1), 35(1), 38(1) or 41 of the 1977 Act imposes a duty on the Secretary of State to make regulations for certain purposes.
(2) If immediately before the amendment comes into force--
(a) regulations made for the same purposes are in force under the provision concerned or a related provision; and
(b) the regulations would have wholly, or to any extent, discharged the duty if it had been operative when they were made,
the regulations shall be deemed to discharge that duty, wholly or (as the case may be) to that extent.
(3) Nothing in this Part of this Schedule shall affect the validity of the regulations mentioned in sub-paragraph (2).
45. In section 14(6)(g), for "health board" substitute "Health Board".
46. In section 17(1) of the Health and Medicines Act 1988, for "36, 39 or 42" substitute "35, 36, 38, 39, 41 or 42".
47. In section 6(5) of the Health Service Commissioners Act 1993 for "36, 39 or 42" substitute "35, 36, 38, 39, 41 or 42".").
The noble Baroness said: My Lords, with the leave of the House I shall move Amendments Nos. 76 to 85 en bloc. I have already spoken to these amendments. I beg to move.
On Question, amendments agreed to.
Schedule 3 [Repeals and Revocations]:
[Amendments Nos. 86 and 87 not moved.]
Baroness Cumberlege moved Amendments Nos. 88 to 90:
Page 40, line 38, column 3, leave out (", (3), (4), (6) and (7)") and insert ("to (8)").
Page 40, line 41, column 3, leave out from ("1") to end of line 43 and insert ("paragraphs 19, 22(a) and (c) to (g) and 36").
Page 40, line 43, at end insert--
| Chapter | Short title | Extent of repeal | |
| 1966 c. 8. | The National Health Service Act 1966. | In section 10, in subsection (1) the words "Part II of the National Health Service Act 1977 or" and "section 56 of the said Act of 1977 or", in subsection (2) the words "the Minister or, as the case may be," and subsection (3). | |
| 1977 c. 49. | The National Health Service Act 1977. | Section 43A(3). | In Schedule 15, paragraph 37.") |
The noble Baroness said: My Lords, with the leave of the House I shall move Amendments Nos. 88 to 90 en bloc. I have already spoken to these amendments. I beg to move.
On Question, amendments agreed to.
6.45 p.m.
Baroness Trumpington: My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales to acquaint the House that Her Majesty and His Royal Highness, having been informed of the purport of the Merchant Shipping and Maritime Security Bill, have consented to place their prerogatives and interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Bill read a third time.
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