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

House of Lords

Session 1998-99
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Amendments to the Health Bill [H.L.]

Health Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Health Bill [H.L.] to be moved in Committee in the House of Lords.

Clause 1

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 2, line 6, at end insert--
    ("(  )  In making regulations about consultation requirements regard shall be had to the interests of key partners in the delivery of NHS healthcare including--

(a)  universities and schools of medicine;

(b)  dentists;

(c)  professions allied to medicine; and

(d)  patient and carer associations and voluntary organisations involved in health care delivery.")

After Clause 1

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     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 Primary Care Trust;

(b)  grant individual general practitioners leave to withdraw from the direct budgetary control of a Health Authority, 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 2

BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD CLEMENT-JONES

     Page 1, line 15, at end insert ("whose purpose shall be to improve the health of their locality in the context of a plan prepared under section 21 and in the exercise of the functions prescribed in Part AI of Schedule 1 to this Act.")

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 1, line 17, at end insert--

    ("(  )  For the purposes of this Act a "Primary Care Trust" means a body corporate, established by a PCT order, which is responsible for commissioning health care services, with added responsibility for the provision of community health services, and which is accountable to affected Health Authorities for the effective discharge of all its functions.")

Schedule 1

BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD CLEMENT-JONES

     Page 41, line 7, at end insert--

("PART AI

FUNCTIONS OF PRIMARY CARE TRUSTs

    .  In furthering their prime purpose Primary Care Trusts shall carry out any or all of the following functions within their area of responsibility--
(a)  the development of primary care and community care services;

(b)  the commissioning of hospital services for patients, other than specialised services;

(c)  the promotion of healthier lifestyles;

(d)  with other local partners, the creation of a joint approach to local services which contribute to a healthier life style or reduce accidents;

(e)  the development of particular services to improve the access to health of disadvantaged or vulnerable residents;

(f)  the shaping of local health services to reflect local needs in an appropriate manner which ensures the support of users and carers;

(g)  the support and promotion of best clinical practise;

(h)  the promotion of high standards of professional training; and

(i)  the encouragement of an innovative approach on the part of all partners in the provision of appropriate and responsive local health care and promotion.")

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 42, line 5, at end insert--

{jf48}individually appointed subject to approval by a majority vote of the members of the Primary Care Trust concerned."){PA

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
[In substitution for the amendment printed on sheet HL Bill 15(c)]

     Page 42, line 5, at end insert--

    ("  .  The persons referred to in paragraph 4(c) above shall include--
(a)  general practitioners;

(b)  community or practice nurses;

(c)  a social services nominee;

(d)  at least one lay member;

(e)  a health authority non-executive;

(f)  a dentist;

(g)  a community pharmacist;

(h)  a physiotherapist;

(i)  an optician.")

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 42, line 15, at end insert--
("(  )  the number of persons from health professions who may be appointed as members of a trust, which number shall include no less than one representative of the medical professions, one representative from professions allied to medicine and one representative from nursing and midwifery,")

     Page 42, line 24, at end insert--

    ("(  )  The Secretary of State shall consult widely in the relevant locality over the appointment of any member of a Primary Care Trust.")

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 42, line 37, after ("members") insert (", provided that not more than half of the membership appointments are vacant,")

     Page 44, line 24, at end insert ("who shall be responsible for its publication")

     Page 44, line 27, at end insert--

    ("(  )  The report shall also give details of all drugs, treatments and other health care services that have been requested by any patient which on any occasion it has been unable to provide.")

     Page 44, line 32, leave out ("Regulations may provide that any Primary Care Trust") and insert ("The Secretary of State")

     Page 45, line 12, at end insert--

    ("(  )  An order approved by the Secretary of State shall be laid in draft before both Houses of Parliament and shall be subject to approval by resolution of each House.")

Clause 4

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 5, line 9, at end insert--

    ("(  )  Charges may not be imposed by the trust in respect of accommodation where that accommodation is for the purpose of receiving NHS treatment.")

Schedule 2

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 48, line 9, at end insert ("who shall include members from professional and academic bodies, from organisations representing NHS managers and staff and lay members not drawn from such professional bodies and organisations")

     Page 48, line 14, at end insert ("having regard to the interests of key partners, including universities, in the delivery of quality health care")

Clause 15

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 12, line 10, leave out from beginning to (", and") in line 12

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 12, line 10, leave out ("persons") and insert ("bodies")

     Page 12, line 15, at end insert ("and
(g)  for the recovery of the expenditure incurred by the Commission only and not by any bodies with which it works in conjunction.")

     Page 12, line 17, leave out ("be absolutely privileged") and insert ("have qualified privilege")

Clause 16

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 13, line 3, leave out ("NHS premises") and insert ("the premises of any body under the jurisdiction of the Commission")

     Page 14, leave out lines 21 to 23 and insert--
(""the premises of any body under the jurisdiction of the Commission" means the premises of any body in respect of which the Commission exercises functions under section 15,")

Clause 17

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 14, line 29, leave out ("during the lifetime") and insert ("until the expiry of a period of 30 years beginning with the recorded date of the death")

Clause 21

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
[In substitution for the amendment printed on sheet HL Bill 15(c)]

     Page 16, line 27, after ("direct") insert ("which shall include voluntary and community organisations, including specifically organisations representing patients and carers, those who provide local services for the NHS, dentists, members of the professions allied to medicine delivering primary care services in the locality and others with an interest or contribution to offer including relevant universities, Training and Enterprise Councils, trade unions, local schools and employers")

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 16, line 27, after ("direct") insert ("including any university, school for medicine, nursing or other profession allied to medicine which provides services to or for a hospital or other establishment or facility which falls within the area of the Health Authority")

Clause 24

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 20, line 17, at end insert--

     ("(  ) Nothing contained in this section shall permit charges to be made for health care by any local authority.")

     Page 20, line 31, at end insert--
(" "health care" has the meaning given by section 13")

Clause 30

BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

     Page 23, line 15, at end insert--

    ("(  )  Regulations made under this section shall be subject to approval by resolution of each House of Parliament.")

Clause 36

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Page 29, line 36, at end insert ("from 31st March 2000")

After Clause 36

BY THE EARL HOWE
THE LORD ASTOR OF HEVER

     Insert the following new Clause--

    ("  .--(1)  The Secretary of State may, at his discretion 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.

Schedule 3

BY THE LORD MONKSWELL

     Page 52, line 3, at end insert ("nor abolish that part of the register continued by section 7(1) of the Nurses, Midwives and Health Visitors Act 1997 which relates to midwives")

BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD

     Page 52, line 3, at end insert--

    ("  . Notwithstanding anything contained in this Act an Order may not--
(a) alter the membership of any regulatory body of any profession to which section 47(1)(a) applies that would--

    (i) cause the regulatory body not to have a majority of practising members of the professions within the scope of that regulatory body;

    (ii) cause the regulatory body not to have a practising member of the professions within the scope of that regulatory body as President or similar standing;

(b) transfer any of the functions of a regulatory body set out in paragraphs 1 and 8(2) to any other regulatory body or professional body without the approval of the majority of the practising members of that regulatory body; or

(c) abolish or amend any power exercisable by the Privy Council in relation to that profession.")

BY THE LORD MONKSWELL
THE LORD CLEMENT-JONES

     Page 52, line 14, at end insert--

("Regulation of profession of midwifery

    .--(1)  The Secretary of State shall as soon as practicable prepare a draft of an Order providing for--
(a)  the appointment of an equal number of nurses and midwives to be members of the Central Council, and

(b)  the Midwifery Committee of the Central Council to have the functions of--

    (i)  determining the conditions of a person's being admitted to training as a midwife,

    (ii)  determining the kind, content, and standard of training to be undertaken with a view to registration as a midwife, and of further training available to or to be undertaken by those who are already registered as a midwife, and

    (iii)  providing advice for midwives on standards of professional conduct.
    (2)  In sub-paragraph (1), "the Central Council" means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.")

© Parliamentary copyright 1999
Prepared 19 February 1999

	Clause 1
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 2, line 6, at end insert-- ("( ) In making regulations about consultation requirements regard shall be had to the interests of key partners in the delivery of NHS healthcare including-- (a) universities and schools of medicine; (b) dentists; (c) professions allied to medicine; and (d) patient and carer associations and voluntary organisations involved in health care delivery.")
	After Clause 1
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	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 Primary Care Trust; (b) grant individual general practitioners leave to withdraw from the direct budgetary control of a Health Authority, 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 2
	BY THE BARONESS THOMAS OF WALLISWOOD THE LORD CLEMENT-JONES
	Page 1, line 15, at end insert ("whose purpose shall be to improve the health of their locality in the context of a plan prepared under section 21 and in the exercise of the functions prescribed in Part AI of Schedule 1 to this Act.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 1, line 17, at end insert-- ("( ) For the purposes of this Act a "Primary Care Trust" means a body corporate, established by a PCT order, which is responsible for commissioning health care services, with added responsibility for the provision of community health services, and which is accountable to affected Health Authorities for the effective discharge of all its functions.")
	Schedule 1
	BY THE BARONESS THOMAS OF WALLISWOOD THE LORD CLEMENT-JONES
	Page 41, line 7, at end insert--
	("PART AI
	FUNCTIONS OF PRIMARY CARE TRUSTs
	. In furthering their prime purpose Primary Care Trusts shall carry out any or all of the following functions within their area of responsibility-- (a) the development of primary care and community care services; (b) the commissioning of hospital services for patients, other than specialised services; (c) the promotion of healthier lifestyles; (d) with other local partners, the creation of a joint approach to local services which contribute to a healthier life style or reduce accidents; (e) the development of particular services to improve the access to health of disadvantaged or vulnerable residents; (f) the shaping of local health services to reflect local needs in an appropriate manner which ensures the support of users and carers; (g) the support and promotion of best clinical practise; (h) the promotion of high standards of professional training; and (i) the encouragement of an innovative approach on the part of all partners in the provision of appropriate and responsive local health care and promotion.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 42, line 5, at end insert--
	{jf48}individually appointed subject to approval by a majority vote of the members of the Primary Care Trust concerned."){PA
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD [In substitution for the amendment printed on sheet HL Bill 15(c)]
	Page 42, line 5, at end insert-- (" . The persons referred to in paragraph 4(c) above shall include-- (a) general practitioners; (b) community or practice nurses; (c) a social services nominee; (d) at least one lay member; (e) a health authority non-executive; (f) a dentist; (g) a community pharmacist; (h) a physiotherapist; (i) an optician.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 42, line 15, at end insert-- ("( ) the number of persons from health professions who may be appointed as members of a trust, which number shall include no less than one representative of the medical professions, one representative from professions allied to medicine and one representative from nursing and midwifery,")
	Page 42, line 24, at end insert-- ("( ) The Secretary of State shall consult widely in the relevant locality over the appointment of any member of a Primary Care Trust.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 42, line 37, after ("members") insert (", provided that not more than half of the membership appointments are vacant,")
	Page 44, line 24, at end insert ("who shall be responsible for its publication")
	Page 44, line 27, at end insert-- ("( ) The report shall also give details of all drugs, treatments and other health care services that have been requested by any patient which on any occasion it has been unable to provide.")
	Page 44, line 32, leave out ("Regulations may provide that any Primary Care Trust") and insert ("The Secretary of State")
	Page 45, line 12, at end insert-- ("( ) An order approved by the Secretary of State shall be laid in draft before both Houses of Parliament and shall be subject to approval by resolution of each House.")
	Clause 4
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 5, line 9, at end insert-- ("( ) Charges may not be imposed by the trust in respect of accommodation where that accommodation is for the purpose of receiving NHS treatment.")
	Schedule 2
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 48, line 9, at end insert ("who shall include members from professional and academic bodies, from organisations representing NHS managers and staff and lay members not drawn from such professional bodies and organisations")
	Page 48, line 14, at end insert ("having regard to the interests of key partners, including universities, in the delivery of quality health care")
	Clause 15
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 12, line 10, leave out from beginning to (", and") in line 12
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 12, line 10, leave out ("persons") and insert ("bodies")
	Page 12, line 15, at end insert ("and (g) for the recovery of the expenditure incurred by the Commission only and not by any bodies with which it works in conjunction.")
	Page 12, line 17, leave out ("be absolutely privileged") and insert ("have qualified privilege")
	Clause 16
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 13, line 3, leave out ("NHS premises") and insert ("the premises of any body under the jurisdiction of the Commission")
	Page 14, leave out lines 21 to 23 and insert-- (""the premises of any body under the jurisdiction of the Commission" means the premises of any body in respect of which the Commission exercises functions under section 15,")
	Clause 17
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 14, line 29, leave out ("during the lifetime") and insert ("until the expiry of a period of 30 years beginning with the recorded date of the death")
	Clause 21
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD [In substitution for the amendment printed on sheet HL Bill 15(c)]
	Page 16, line 27, after ("direct") insert ("which shall include voluntary and community organisations, including specifically organisations representing patients and carers, those who provide local services for the NHS, dentists, members of the professions allied to medicine delivering primary care services in the locality and others with an interest or contribution to offer including relevant universities, Training and Enterprise Councils, trade unions, local schools and employers")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 16, line 27, after ("direct") insert ("including any university, school for medicine, nursing or other profession allied to medicine which provides services to or for a hospital or other establishment or facility which falls within the area of the Health Authority")
	Clause 24
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 20, line 17, at end insert--
	("( ) Nothing contained in this section shall permit charges to be made for health care by any local authority.")
	Page 20, line 31, at end insert-- (" "health care" has the meaning given by section 13")
	Clause 30
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
	Page 23, line 15, at end insert-- ("( ) Regulations made under this section shall be subject to approval by resolution of each House of Parliament.")
	Clause 36
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Page 29, line 36, at end insert ("from 31st March 2000")
	After Clause 36
	BY THE EARL HOWE THE LORD ASTOR OF HEVER
	Insert the following new Clause--
	(" .--(1) The Secretary of State may, at his discretion 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.
	Schedule 3
	BY THE LORD MONKSWELL
	Page 52, line 3, at end insert ("nor abolish that part of the register continued by section 7(1) of the Nurses, Midwives and Health Visitors Act 1997 which relates to midwives")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
	Page 52, line 3, at end insert-- (" . Notwithstanding anything contained in this Act an Order may not-- (a) alter the membership of any regulatory body of any profession to which section 47(1)(a) applies that would-- (i) cause the regulatory body not to have a majority of practising members of the professions within the scope of that regulatory body; (ii) cause the regulatory body not to have a practising member of the professions within the scope of that regulatory body as President or similar standing; (b) transfer any of the functions of a regulatory body set out in paragraphs 1 and 8(2) to any other regulatory body or professional body without the approval of the majority of the practising members of that regulatory body; or (c) abolish or amend any power exercisable by the Privy Council in relation to that profession.")
	BY THE LORD MONKSWELL THE LORD CLEMENT-JONES
	Page 52, line 14, at end insert--
	("Regulation of profession of midwifery
	.--(1) The Secretary of State shall as soon as practicable prepare a draft of an Order providing for-- (a) the appointment of an equal number of nurses and midwives to be members of the Central Council, and (b) the Midwifery Committee of the Central Council to have the functions of-- (i) determining the conditions of a person's being admitted to training as a midwife, (ii) determining the kind, content, and standard of training to be undertaken with a view to registration as a midwife, and of further training available to or to be undertaken by those who are already registered as a midwife, and (iii) providing advice for midwives on standards of professional conduct. (2) In sub-paragraph (1), "the Central Council" means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.")