House of Lords Amendments - Health Bill [H.L.]

Health Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
back to previous amendments

	Clause 16
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 13, line 3, after ("premises") insert ("or premises where health services are provided by private healthcare institutions")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 13, line 3, after ("premises") insert ("and independent hospitals")
	Page 13, line 22, after ("individual") insert ("or a deceased person")
	Page 13, line 25, at end insert ("from that document or information alone, or in combination with other information which is in the possession of, or is likely to come into the possession of the Commission,")
	Page 13, leave out lines 28 and 29
	Page 13, line 46, after ("information") insert ("alone, or in combination with other information which is in the possession of, or is likely to come into the possession of the Commission,")
	Page 14, line 20, at end insert-- (""Independent hospitals" has the meaning given by section 13")
	Clause 17
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 14, line 29, leave out ("during the lifetime of that individual")
	Page 15, line 21, leave out ("threat to the health or safety of") and insert ("risk of death or serious harm to")
	Page 15, line 24, leave out from ("disclosed") to end of line and insert ("where a failure to do so may expose others to risk of death or serious harm.")
	Clause 19
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
	Clause 21
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH [In substitution for the amendment tabled on sheet HL Bill 15(a)]
	Page 16, line 26, after ("of,") insert-- ("(i) the British Medical Association, (ii) the Royal College of Nursing, (iii) all affected Health Authorities, (iv) all affected community health councils, (v) all affected NHS trusts, (vi) representative bodies of professions allied to medicine, (vii) all affected local authorities, (viii) local representative committees, (ix) all affected voluntary groups, (x) such other relevant bodies as the Secretary of State shall determine, and")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 16, line 26, leave out ("such") and insert-- ("(i) the local community health council; and (ii) such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of people for whom the Health Authority is responsible; (iii) such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of private carers of people for whom the authority is responsible; and (iv) such other")
	Page 16, line 37, at end insert ("which shall include needs assessment, statement of resource (including human resource), requirements and identification of priorities for action")
	Page 17, line 20, at end insert-- (""community health council" means a council established in accordance with section 20 of the 1977 Act;")
	Page 17, line 24, at end insert-- (""private carer" has the meaning given by section 46 of the 1990 Act;")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
	Clause 24
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 20, line 18, leave out ("may issue guidance") and insert ("shall issue directions")
	Page 20, line 20, at end insert-- ("(6A) Directions issued by the Secretary of State in accordance with subsection (6) above shall include provision for consultation with the following-- (a) the local community health council, (b) such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of people for whom the Health Authority is responsible, (c) such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of private carers of people for whom the authority is responsible, and (d) such other person as the Secretary of State may direct. (6B) In this section-- community health council" means a council established in accordance with section 20 of the 1977 Act; private carer" has the meaning given by section 46 of the 1990 Act.")
	Clause 25
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Leave out Clause 25 and insert the following new Clause--
	(" . It shall be the duty of joint consultative committees constituted under section 22(2) of the 1977 Act to advise the NHS bodies and local authorities on the proper performance of their duties under section 21 above.")		Joint Consultative Committees.
	Clause 26
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 21, line 16, leave out ("The Secretary of State") and insert ("A voluntary scheme")
	Page 21, line 17, leave out ("a") and insert ("the")
	Page 21, leave out lines 20 to 22
	Page 21, line 32, at end insert-- ("(5) Any dispute between the Secretary of State and a manufacturer or supplier to whom a voluntary scheme applies-- (a) in connection with or arising out of the scheme, or (b) as to any addition or modification which should be made to the scheme pursuant to subsection (2)(b), may be referred to arbitration or to the determination of an independent person or body in accordance with the procedures established in the scheme.")
	Clause 27
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 21, line 33, after ("may") insert ("for the purpose of giving effect to a voluntary scheme")
	Page 21, line 40, at end insert-- ("(2) The powers conferred in this section shall not apply to a manufacturer or supplier to whom a voluntary scheme under section 26 applies.")
	After Clause 27
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
	Insert the following new Clause--
	(" . The Secretary of State shall make an annual report to Parliament containing a general survey of developments during the preceding twelve months on the voluntary schemes including references to-- (a) any modification of an existing voluntary scheme or introduction of a successor voluntary scheme, (b) decisions taken to prohibit price inceases and collect payments under subsection (4), and (c) decisions taken to control prices and profits under section 27.")		Annual report by Secretary of State.
	Clause 28
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 22, line 31, at end insert-- ("(7) A statutory scheme shall not apply to a manufacturer or supplier to whom a voluntary scheme under section 26 applies.")
	The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
	Clause 30
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 23, line 13, at end insert ("after consultation with the industry body")
	Page 23, line 15, at end insert-- ("(7) Regulations made under this section shall provide that the liability of a manufacturer or supplier to make any payment, or any disputed question whether of fact or law relevant to such a liability, may be determined either by the court or by arbitration. (8) In this section "the court" means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.")
	Page 23, line 15, at end insert-- ("(7) An order under subsection (6) shall be laid before both houses of Parliament in draft and shall be subject to approval by resolution of each House.")
	After Clause 30
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Insert the following new Clause--
	(" . It is the duty of the Secretary of State to exercise the functions conferred on him under sections 27 to 30 in a manner which he considers is best calculated-- (a) to secure that safe and effective medicines are available to the health service on reasonable terms; (b) to secure that manufacturers and suppliers receive reasonable profits in respect of the supply of health service medicines to the health service and the manufacture of such medicines for supply; (c) to promote research into, and the development and use of, new medicines and pharmaceutical products for supply to the health service.")		Controls: duty of Secretary of State.
	Clause 31
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 23, line 28, leave out ("27") and insert ("26")
	Page 23, line 31, leave out ("by reference")
	Page 23, line 32, leave out ("would be") and insert ("are")
	Page 24, line 3, at end insert-- (""the supply of any health service medicine" means the supply of a health service medicine to the health service, the manufacture of any health service medicine" means the manufacture of such health service medicine as may be supplied to the health service.")
	After Clause 36
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER [In substitution for the amendment printed on sheet HL Bill 15(d)]
	Insert the following new Clause--
	(" .--(1) The Secretary of State may at his discretion-- (a) grant individual general practitioners leave to withdraw from any established NHS Trust; and (b) grant individual general practitioners leave to withdraw from the direct budgetary control of a Health Board, or sub-committee thereof. (2) Any general practitioner given leave under subsection (1) above shall take on powers, functions and a budget as directed by the Secretary of State.")		Direct fundholding practices.
	Clause 47
	BY THE LORD MORRIS OF MANCHESTER
	Page 38, line 14, at end insert-- ("(za) regulating and modifying the regulation of any profession to which subsection (1A) applies,")
	Page 38, line 17, at end insert-- ("(1A) This subsection applies to the profession of chiropody as regulated by the Professions Supplementary to Medicine Act 1960.")
	Page 38, line 24, at end insert ("except chiropody")
	Page 38, line 28, at end insert-- ("( ) Orders under this section shall make provision for the restriction of use of the titles "chiropodist" and "podiatrist" to any profession to which subsection (1A) applies.")



© Parliamentary copyright 1999	Prepared 23 February 1999