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
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	Clause 27
	BY THE BARONESS HAYMAN
	Page 21, line 40, at end insert-- ("( ) The powers conferred by this section are not exercisable at any time in relation to a manufacturer or supplier to whom at that time a voluntary scheme applies.")
	Clause 28
	BY THE BARONESS HAYMAN
	Page 22, line 31, at end insert-- ("( ) A statutory scheme may not apply to a manufacturer or supplier to whom a voluntary scheme applies.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Leave out Clause 28
	After Clause 28
	BY THE LORD DESAI
	Insert the following new Clause--
	(" . The Secretary of State shall publish a statement of any voluntary or statutory scheme he has agreed with the industry, which statement shall include-- (a) the criteria he will use for the purposes of making determinations under sections 26(1)(a) and (b), and 28(1)(a) and (b) above; (b) the categories of information he determines to be commercially confidential and his reasons for their justification; (c) details of the outcomes of his consultation with the industry and other bodies representing consumer and public interests in establishing the scheme; (d) the mechanisms he will put in place for independent audit of the negotiation operation of the schemes and the mechanisms for publishing the results of such an audit; (e) when he will next review the scheme.")		Publication of details of voluntary or statutory scheme.
	Clause 29
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
	Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence")
	BY THE BARONESS HAYMAN
	Page 22, line 35, after ("scheme") insert ("or of a limit under section 27")
	Page 22, line 38, leave out from ("person") to second ("to") in line 39 and insert ("to whom such a scheme or limit may apply")
	Clause 30
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 23, line 2, leave out ("£100,000") and insert ("£50,000")
	Page 23, line 3, leave out ("£10,000") and insert ("£5,000")
	BY THE BARONESS HAYMAN
	Page 23, line 11, at end insert-- ("(4A) Provision may be made by regulations for conferring on manufacturers and suppliers a right of appeal against enforcement decisions taken in respect of them in pursuance of sections 26 to 29 and this section.
	(4B) The provision which may be made by virtue of subsection (4A) includes any provision which may be made by model provisions with respect to appeals under section 6 of the Deregulation and Contracting Out Act 1994, reading-- (a) the references in subsections (4) and (5) of that section to enforcement action as references to action taken to implement an enforcement decision, (b) the reference in subsection (5) of that section to interested persons as a reference to any persons. (4C) In subsections (4A) and (4B), "enforcement decision" means a decision of the Secretary of State or any other person to-- (a) require a specific manufacturer or supplier to provide information to him, (b) limit, in respect of any specific manufacturer or supplier, any price or profit, (c) refuse to give his approval to a price increase made by a specific manufacturer or supplier, (d) require a specific manufacturer or supplier to pay any amount (including an amount by way of penalty) to him; and in this subsection "specific" means specified in the decision. (4D) A requirement or prohibition, or a limit, under sections 26 to 29 may only be enforced under this section and may not be relied on in any proceedings other than proceedings under this section.")		1994 c. 40.
	Page 23, line 13, at end insert ("and the Secretary of State must consult the industry body before making any regulations under this section")
	Clause 31
	BY THE BARONESS HAYMAN
	Page 23, line 19, leave out ("particular") and insert ("specific")
	Page 23, line 21, leave out ("particular") and insert ("specific")
	Page 23, line 21, at end insert ("and in this subsection "specific" means specified in the direction concerned")
	Page 23, line 28, leave out from ("powers") to ("are") and insert ("to refuse approval under section 26(4)(a) or 28(6)(a) or to impose a limit under section 27(a) or 28(1)")
	Page 23, line 32, at end insert ("and in so exercising those powers (in the case of sections 27(a) and 28(1) and (6)(a)) the Secretary of State and any other person must bear in mind, in particular, the need for medicinal products to be available for the health service on reasonable terms and the costs of research and development")
	BY THE LORD LUCAS
	Page 23, line 32, at end insert-- ("( ) The Secretary of State shall publish details of any payments made under sections 28(4) and (5) and of any directions given under this section, but such publication may not include information supplied to the Secretary of State by a manufacturer or supplier commercially in confidence.")
	BY THE BARONESS HAYMAN
	Page 23, line 41, leave out from ("product") to ("used") in line 42
	Page 24, line 2, at end insert--
	(""medicinal product" has the meaning given by section 130 of the Medicines Act 1968")		1968 c. 67.
	Clause 41
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 31, line 27, at end insert-- ("(4) The Secretary of State may by regulations extend the duty in this section to Special Health Authorities of any particular description and to any independent hospital. (5) In this section "independent hospital" means premises-- (a) within the meaning of "hospital" given by section 128(1) of the 1977 Act; (b) which are not a health service hospital within the meaning of the 1977 Act nor any other premises maintained or controlled by a government department or local authority or any other authority or body instituted by special Act of Parliament or incorporated by Royal Charter; and (c) which are used or intended to be used for the provision of health care within the meaning of this section. but excludes-- (i) any premises used, or intended to be used solely or predominantly, for the reception of and the provision of nursing for persons suffering from any sickness, injury or infirmity; (ii) any sanatorium provided at a school or educational establishment and used, or intended to be used, solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families; (iii) any first aid or treatment room provided at factory premises, at premises to which the Offices, Shops and Railways Premises Act 1963 applies or at a sports ground, showground or place of public entertainment; (iv) any premises used, or intended to be used, wholly or mainly-- (a) by a medical practitioner for the purpose of consultations with his patients; (b) by a dental practitioner or chiropodist for the purpose of treating his patients; or (c) for the provision of occupational health facilities,
	unless they are used or intended to be used for the provision of treatment by specially controlled techniques as defined in section 21 of the Registered Homes Act 1984 and any regulations made thereunder;
	(v) any premises used, or intended to be used, wholly or mainly as a private dwelling; or (vi) any other premises excepted from the definition of a "nursing home" for the purposes of section 21 of the Registered Homes Act 1984 by regulations made thereunder by the Secretary of State.")
	Clause 46
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 38, line 10, at end insert-- ("( ) After section 30 of the 1978 Act (as substituted by section 46) there is inserted-- 30A. The Tribunal shall make, and publish, an annual report to the Council on Tribunals".")
	Clause 47
	BY THE LORD SKELMERSDALE THE EARL OF NORTHESK
	Page 38, leave out lines 25 to 28
	Schedule 3
	BY THE LORD SKELMERSDALE THE EARL OF NORTHESK
	Page 51, line 11, leave out ("the establishment and")
	BY THE LORD MORRIS OF MANCHESTER
	Page 51, line 19, at end insert-- ("1A.--(1) An Order shall make provision, in relation to the profession of chiropody and podiatry as regulated on 1st July 1999 by the Professions Supplementary to Medicine Act 1960, for the following functions relating to the regulation of that profession to be exercised by a professional body, and sub-committees of such a body, the majority of members of which, and the Chairman of which, shall be State Registered Chiropodists. (2) The functions are-- (a) keeping the register of members admitted to practice, (b) determing standards of education and training for admission to practice, (c) giving advice about standards of conduct and performance, and (d) administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters.")
	BY THE LORD SKELMERSDALE THE EARL OF NORTHESK
	Page 51, leave out lines 21 to 23
	BY THE LORD MORRIS OF MANCHESTER
	Page 52, line 34, at end insert-- (""the profession of chiropody and podiatry" means the profession of chiropody as regulated on 1st July 1999 by the Professions Supplementary to Medicine Act 1960,")
	Clause 48
	BY THE BARONESS HAYMAN
	Page 39, line 7, at end insert-- ("( ) No order is to be made under section 30(6) unless a draft has been laid before, and approved by resolution of, each House of Parliament.")
	Schedule 4
	BY THE LORD LUCAS
	Page 53, line 22, leave out from ("applies),") to end of line 24 and insert ("in paragraph 1, sub-paragraphs (f) and (g) shall be omitted.")
	BY THE EARL HOWE THE LORD MCCOLL OF DULWICH THE LORD ASTOR OF HEVER
	Page 62, leave out lines 38 to 43
	Clause 51
	BY THE BARONESS HAYMAN
	Page 39, line 37, leave out ("(3)") and insert ("(4)")
	Page 39, leave out line 39



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