| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Baroness Jay of Paddington: My Lords, we very much welcome this additional amendment in the spirit
of the Bill to make general practice in every area, whether it is general medical services, ophthalmology or the other areas under consideration by the Bill, more flexible. We hope therefore to offer a better service to patients.On Question, Motion agreed to.
47
Clause 28, page 25, line 31, leave out ("63(2)(a)") and insert ("63(2A)(a)")
Page 26, line 2, leave out from second ("body") to end of line 3 and insert ("which is a health service body for the purposes of section 17A")
Page 26, line 17, leave out ("63(2)(a)") and insert ("63(2A)(a)")
Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 47 to 49 en bloc. I have already spoken to these amendments.
Moved, That the House do agree with the Commons in their Amendments Nos. 47 to 49 en bloc.--(Baroness Cumberlege.)
On Question, Motion agreed to.
48
49
50
Clause 29, line 24, leave out ("or approval")
Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 50. Amendments Nos. 50 to 53 were tabled in response to concerns expressed by the profession and have the support of the BMA. They make clear that health authorities will nominate doctors to fill sole practitioner vacancies, and will approve doctors to fill partnership vacancies. This reflects the policy, to be enshrined in regulations, that candidates for appointment to GP partnerships should be selected by the practice. I hope that your Lordships will support the amendments. I commend them to the House.
Moved, That the House do agree with the Commons in their Amendment No. 50.--(Baroness Cumberlege.)
Baroness Hayman: My Lords, we support these amendments. There has been concern in this area over the years. We are moving towards a situation whereby we shall be able to make better appointments and safeguard the quality of service being offered to patients in general practice. We therefore very much welcome these amendments.
On Question, Motion agreed to.
51
Clause 29, page 27, line 26, at end insert ("as a sole practitioner;
Clause 30, page 29, line 28, leave out ("or approval")
Page 29, line 30, at end insert ("as a sole practitioner;
(f) the approval by a Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.")
52
53
(f) the approval by a Health Board of a medical practitioner for appointment to fill a vacancy as a member of a partnership.")
54
(" .--(1) The Medical Act 1983 is amended as follows.
(2) In subsection (2) of section 10 (experience required for full registration as a medical practitioner), for "approved hospitals or approved institutions," substitute "--
(a) approved hospitals,
(b) approved institutions, or
(c) approved medical practices,".
(3) In subsection (3) of section 11 (construction of section 10, etc), after the first "where" insert "--
(a) in the case of an approved hospital or an approved institution,",
and at the end insert "; or
(b) in the case of an approved medical practice, the person employed satisfies such conditions as to residence as may be prescribed".
(4) In subsection (4) of section 11--
(a) insert in the appropriate place--
""medical practice" means a prescribed description of practice in which one or more medical practitioners--
(i) provide general medical services under Part II of the National Health Service Act 1977, Part II of the National Health Service (Scotland) Act 1978 or Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972; or
(ii) perform personal medical services in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland;";
(b) in the definition of "prescribed", after "means" insert "--
(a) in subsection (3)(b) and in the definition of "medical practice", prescribed by regulations made by the Secretary of State; and
(b) in the other provisions of this Part,".
(5) After subsection (4) of section 11 insert--
"(4A) The Education Committee may by regulations provide that the period of employment in a medical practice which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.
(6) In subsection (5) of section 11, after "under subsection (2) of section 10 above" insert "or under subsection (4A) of this section".
(7) After subsection (6) of section 11 insert--
"(7) Regulations made by the Secretary of State under this section must be made by statutory instrument; and such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament." ").
55
Clause 35, Page 33, line 28, after ("under") insert ("or by virtue of")
Page 33, line 28, after ("under") insert ("or by virtue of")
Page 33, line 31, at end insert--
Clause 36, page 33, line 38, at end insert--
Page 33, line 38, at end insert--
Page 33, line 38, at end insert--
Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 59. I have already spoken to these amendments. I should like to move them en bloc.
Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 59 en bloc.--(Baroness Cumberlege.)
On Question, Motion agreed to.
55
56
("( ) Subsection (2) applies in relation to any power of the Secretary of State under or by virtue of this Act to give directions as it applies in relation to any power of his to make regulations.")
57
(""authority" has the meaning given by section 1(7);")
58
(""health service" means the health service in England and Wales and the health service in Scotland;")
59
(""medical list" has the meaning given by section (Provision of personal medical services under a pilot scheme)(5);")
60
Clause 37, Page 34, line 18, after ("(9)") insert ("and (12A) and (12B)")
Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 60. With it, I should also like to speak to Amendments Nos. 62, 63, 74 to 77, 79, 80, 82, 83, 90, 92, 93, 95, 97 to 100, and 108 to 110.
The purpose of most of these amendments is to ensure that various existing legislative provisions apply consistently to the general medical and dental services and to the new arrangements. In one or two cases the amendments modify the existing provisions to reflect the different characteristics of the new system.
Amendments Nos. 60, 62 and 63 confer a power on the Secretary of State to make consequential changes to Acts of Parliament passed before or in the same Session as the Bill by order subject to the negative resolution procedure. This will ensure that any purely consequential changes to other primary legislation (such as extending a provision to include personal medical or dental services) which we have not yet identified, can be made without needing further primary legislation. I commend these amendments to the House.
Moved, That the House do agree with the Commons in their Amendment No. 60.--(Baroness Cumberlege.)
On Question, Motion agreed to.
61
Clause 37, page 34, line 28, after ("by") insert ("or under")
Page 34, line 35, leave out ("and (8)") and insert (", (8) and (12A)")
Page 34, line 41, at end insert--
Page 34, line 42, leave out subsection (13)
62
63
("(12A) The Secretary of State may by order make such amendments or repeals of any enactment passed before, or in the same Session as, this Act as appear to him necessary or expedient in consequence of any provision of this Act.
(12B) An order under subsection (12A)--
(a) may contain such supplemental, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate; and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
64
Next Section
Back to Table of Contents
Lords Hansard Home Page