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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	Schedule 1
	BY THE BARONESS THOMAS OF WALLISWOOD BY THE LORD CLEMENT-JONES THE LORD RIX
24	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; (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; and (j) any other activities and functions which, from time to time, the Secretary of State shall delegate by order.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
25	Page 41, line 9, at end insert-- ("A1. Before making a PCT order, the Secretary of State shall consult the following bodies-- (a) the British Medical Association; (b) the Royal College of Nursing; (c) all affected Health Authorities; (d) all affected community health councils; (e) all affected NHS trusts; (f) representative bodies of professions allied to medicine; (g) all affected local authorities; (h) local representative committees; (i) all affected voluntary groups; (j) such other relevant bodies as the Secretary of State shall determine, and shall publish the responses to the consultation.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
26	Page 42, leave out line 3
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
27	Page 42, line 5, leave out ("number") and insert ("majority")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
28	Page 42, line 5, at end insert ("including lay members representing all sections of the community including older people")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
29*	Page 42, line 5, at end insert-- ("a majority of whom shall be members of a healthcare profession.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
30	Page 42, line 5, at end insert-- ("( ) The members shall elect a chairman from among their numbers.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
31	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.")
32	Page 42, line 5, at end insert-- (". In making appointments under paragraph 4, the appropriate authorities shall secure that a variety of skills and experience is available among the officers and other persons (including experience related to the interests of consumers, patients and carers).")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
33	Page 42, line 7, leave out ("chairman and other")
34	Page 42, line 10, leave out ("chairman and other")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
35	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 at least one representative of the medical professions, one representative from professions allied to medicine and one representative from nursing and midwifery,")
36	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 THE LORD McCOLL OF DULWICH
37	Page 42, line 37, after ("members") insert (", provided that not more than half of the membership appointments are vacant,")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
38	Page 43, line 24, after ("trust") insert ("or any other member of the trust or any person who has been a member of the trust")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
39	Page 44, line 23, leave out from ("and") to end of line 39 and insert ("details of the measures the trust has taken to promote economy, efficiency and effectiveness in using its resources for the exercise of its functions. (2) A Primary Care Trust shall prepare such other reports or other information as required by the Health Authority in whose area the Trust's area falls or by the Secretary of State. (3) A Primary Care Trust shall publish reports and information compiled under sub-paragraphs (1) and (2) at least within its area of operation.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
40	Page 44, line 24, at end insert ("who shall be responsible for its publication")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD THE EARL HOWE THE LORD ASTOR OF HEVER
41	Page 44, line 26, after ("promote") insert ("equal opportunities,")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
42	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.")
43	Page 44, line 32, leave out ("Regulations may provide that any Primary Care Trust") and insert ("The Secretary of State")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
44	Page 44, line 32, leave out ("may") and insert ("must")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
45	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.")
	BY THE LORD HARRIS OF HARINGEY
46	Page 45, line 18, leave out ("If any")
47	Page 45, line 18, leave out ("apply, they")
48	Page 45, line 21, at end insert ("and the regulations must impose consultation requirements where an order dissolves a PCT or transfers (or provides for the transfer) to the Secretary of State or to a Health Authority, a Special Health Authority, an NHS trust or another Primary Care trust any property, rights or liabilities of the dissolved trust. (4) Consultation requirements must include requirements-- (a) to consult all other NHS bodies whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all community health councils whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all local authorities whose area falls wholly or partly within, or adjacent to, the area of the Primary Care Trust to be dissolved, all bodies representing patients and NHS users within the area of the Primary Care Trust to be dissolved, all relevant professional organisations, and other bodies affected by the establishment or dissolution of the Primary Care Trust; (b) to provide for a minimum period of six months for consultation; and (c) to publish the outcome of the consultation.")
	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 Schedule 1 be the first Schedule to the Bill.
	Clause 3
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
49*	Page 3, line 41, at end insert-- (" ( ) Each Primary Care Trust shall publish annual accounts in a form prescribed by the relevant Health Authority.")
50*	Page 3, line 45, at end insert-- ("( ) The Primary Care Trust shall present to the Secretary of State an annual account of services that they commission from themselves as providers, and the Secretary of State shall have the duty to audit agreement for such services to ensure value for money.")
51	Page 3, line 45, at end insert-- ("( ) For the avoidance of doubt, notwithstanding anything contained in this section, general practitioners shall not be cash-limited in respect of any drug or treatment prescribed by them for their patients which falls within the Part II expenditure of the Primary Care Trust to which they relate.")
	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 3 stand part of the Bill.
	Clause 4
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
52	Page 4, line 44, at end insert-- ("( ) If a Primary Care Trust plans to make any changes in the services that it provides or arrangements it makes for the provision of goods or services to another health service body, then in preparing or reviewing any plan under this section it must consult, or seek the participation of, community health councils and voluntary organisations and members of the public who reside within Primary Care Trust areas, or any other area where people may be affected by the changes, and such other persons as the Secretary of State may direct.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
53	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.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
54	Page 5, line 24, at end insert-- ("( ) The Secretary of State may by regulations make provision enabling a Primary Care Trust to enter into one or more agreements for the provision of specialist medical services for any area which includes that specified in its PCT order.")
	The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
	After Clause 4
	BY THE LORD HARRIS OF HARINGEY
55	Insert the following new Clause--
	(" . After section 18A of the 1977 Act (inserted by section 4) there is inserted--	Inspection of Primary Care Trust premises by community health councils.
54	18B. Community health councils may enter and inspect any relevant Primary Care Trust premises at such times and subject to such conditions as may be agreed between the council and the Trust or, in default of such agreements, as may be determined by the Secretary of State."")	Inspection of premises by community health councils.
	Clause 5
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
56	Page 5, line 32, at end insert ("and for the functions and accountability of those trustees")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
57	Page 5, line 39, at end insert ("other than the management of any acute hospital")
58	Page 6, line 11, at end insert-- ("( ) An order under subsection (1) shall specifically exclude from appointment-- (a) any persons currently serving a term of office as a local authority representative, or (b) any persons holding a contract of remuneration with any political party."")
59	Page 6, line 11, at end insert-- ("( ) All trustees appointed under subsection (1) above are subject to the approval of the Commissioner for Public Appointments who may at his discretion revoke the appointment of any trustee if he considers that the appointment process has breached the rules on openness and accountability of appointments as laid down by the Committee on Standards and Privileges in Public Life."")
	Clause 6
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
60	Page 6, line 21, at end insert-- ("(3CC) The objectives referred to in subsection (3C) above shall not include Health Authority or NHS Trust performance with regard to waiting times for out-patient consultations or waiting lists for surgery.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
61	Page 6, line 38, at end insert-- ("(3G) Where the Secretary of State reduces the allotment to any Health Authority, he shall publish details of the reasons for the reduction."")



© Parliamentary copyright 1999	Prepared 25 February 1999