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14
Clause 14, page 7, line 21, leave out ("("the scheme")").
Page 7, line 26, leave out ("the applicant is") and insert ("--
Page 7, line 33, at end insert--
Page 7, line 39, leave out from ("Scotland,") to end of line 41 and insert ("in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland.").
Page 7, line 44, leave out from ("circumstances") to end of line 46.
Baroness Cumberlege: My Lords, I have spoken to these amendments. I beg to move.
Moved, That the House do agree with the Commons in their Amendments Nos. 14 to 18.--(Baroness Cumberlege.)
On Question, Motion agreed to.
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(a) in the case of an application under subsection (1), the applicant is, and
(b) in the case of an application under subsection (1A), the applicants together are,").
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("( ) Except in such circumstances as may be prescribed, a pilot scheme health service body resulting from an application under subsection (1A) is to be treated, at any time, as consisting of those providing piloted services under the scheme.").
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18
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Clause 19, page 11, line 15, leave out ("and section 28D").
4.45 p.m.
Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 19. I wish also to speak to Amendments Nos. 21, 27, 34 to 42, 55 to 59, 61, 64 to 68, 78, 84 to 87, 96, 102, 104, 105, 111, 114 and 115.
These amendments make minor drafting amendments which help clarify the text of the Bill and repeals. For example, they extend provision enabling the right to choose a medical and dental practitioner to be exercised on behalf of certain individuals by others. This can be used when parents choose practitioners for their children; they also ensure that the powers of the NHS Tribunal in Schedule 1 are brought into line with existing legislation; and they put it beyond doubt that the Secretary of State's direction-making power may be exercised as flexibly as his regulation-making powers.
I commend these important, if technical, amendments to your Lordships' House.
Moved, That the House do agree with the Commons in their Amendment No. 19.--(Baroness Cumberlege.)
On Question, Motion agreed to.
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Clause 19, page 11, line 23, at end insert--
28CA.--(1) A Health Authority may make an agreement under section 28C only with one or more of the following--
(a) an NHS trust;
(b) in the case of an agreement under which personal medical services are provided--
(i) a qualifying medical practitioner;
(ii) an individual who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;
(c) in the case of an agreement under which personal dental services are provided--
(i) a qualifying dental practitioner;
(ii) an individual who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;
(d) an NHS employee, a section 28C employee or a section 17C employee;
(e) a qualifying body.
(2) In this section--
"the 1978 Act" means the National Health Service (Scotland) Act 1978;
"NHS employee" means an individual who, in connection with the provision of services in the health service in England and Wales or Scotland, is employed by--
(a) an NHS trust;
(b) in the case of an agreement under which personal medical services are provided--
(i) a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1978 Act; or
(ii) a medical practitioner who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;
(c) in the case of an agreement under which personal dental services are provided--
(i) a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a) of this Act or section 25(2)(a) of the 1978 Act; or
(ii) a dental practitioner who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;
"qualifying body" means--
(a) a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraphs (a) to (d) of subsection (1); and also
(b) in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;
"qualifying dental practitioner" means a dental practitioner who satisfies the conditions imposed by regulations made under section 28D(2)(b) of this Act or section 17D(2)(b) of the 1978 Act;
"qualifying medical practitioner" means a medical practitioner who satisfies the conditions imposed by regulations made under section 28D(2)(b) of this Act or section 17D(2)(b) of the 1978 Act;
"section 17C arrangements" means arrangements for the provision of services made under section 17C of the 1978 Act;
"section 17C employee" means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;
"section 28C arrangements" means arrangements for the provision of services made under section 28C; and
"section 28C employee" means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.").
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Page 12, line 22, leave out ("and section 17D").
Page 12, line 22, at end insert--
22
(""Health Authority" has the same meaning as in the National Health Service Act 1977;").
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17CA.--(1) A Health Board may make an agreement under section 17C only with one or more of the following--
(a) an NHS trust;
(b) in the case of an agreement under which personal medical services are provided--
(i) a qualifying medical practitioner;
(ii) an individual who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;
(c) in the case of an agreement under which personal dental services are provided--
(i) a qualifying dental practitioner;
(ii) an individual who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;
(d) an NHS employee, a section 17C employee or a section 28C employee;
(e) a qualifying body.
(2) In this section--
"the 1977 Act" means the National Health Service Act 1977;
"NHS employee" means an individual who, in connection with the provision of services in the health service in Scotland or England and Wales, is employed by--
(a) an NHS trust;
(b) in the case of an agreement under which personal medical services are provided--
(i) a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1977 Act; or
(ii) a medical practitioner who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;
(c) in the case of an agreement under which personal dental services are provided--
(i) a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 25(2)(a) of this Act or section 36(1)(a) of the 1977 Act; or
(ii) a dental practitioner who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;
"qualifying body" means--
(a) a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraphs (a) to (d) of subsection (1); and also
(b) in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;
"qualifying dental practitioner" means a dental practitioner who satisfies the conditions imposed by regulations made under section 17D(2)(b) of this Act or section 28D(2)(b) of the 1977 Act;
"qualifying medical practitioner" means a medical practitioner who satisfies the conditions imposed by regulations made under section 17D(2)(b) of this Act or section 28D(2)(b) of the 1977 Act;
"section 17C employee" means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;
"section 28C arrangements" means arrangements for the provision of services made under section 28C of the 1977 Act; and
"section 28C employee" means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.").
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Clause 20, page 12, line 46, leave out from beginning to end of line 48 and insert--
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