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 7
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
62*	Page 7, leave out lines 3 to 28
63	Page 8, line 16, leave out subsection (2)
	Clause 8
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
64	Page 9, line 2, at end insert-- ("(6A) The functions which shall be specified in an order under subsection (1) above include a duty to comply with any direction the Secretary of State may make in respect of medical workforce planning."")
	Clause 9
	BY THE LORD HARRIS OF HARINGEY
65*	Page 9, line 45, leave out from first ("the") to ("and") in line 46 and insert ("provision of services to NHS patients by the NHS Trust or by any other health service body,")
66	Page 10, line 2, after ("Act,") insert ("in compliance with the provisions of section 7(8) of the Health and Medicines Act 1988,")
	Clause 13
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
67	Page 11, line 7, leave out subsection (1)
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
68	Page 11, line 7, after second ("each") insert ("Health Authority, Primary Care Group and")
69	Page 11, line 7, after second ("trust") insert ("and private healthcare institution")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
70	Page 11, line 7, after second ("trust,") insert ("and each independent hospital,")
71	Page 11, line 8, after ("arrangements") insert ("(including identifying adequate resources)")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
72	Page 11, line 9, after ("care") insert ("and the equity of treatment")
73	Page 11, line 9, after ("provides") insert ("or commissions, as the case may be,")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
74	Page 11, line 9, at end insert ("and for ensuring the publication of this information.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
75	Page 11, line 9, at end insert-- ("( ) The reference in subsection (1) to monitoring includes the monitoring by ethnic origin of individuals receiving health care.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
76	Page 11, line 12, at end insert-- ("( ) Each Primary Care Trust and NHS Trust shall publish reports on the arrangements in subsection (1), which shall include how such arrangements reflect the views of users and carers in setting standards, monitoring provision and evaluating outcomes, and how they have carried out recommendations from the National Institute for Clinical Excellence.")
77	Page 11, line 14, at end insert-- ("( ) In monitoring and improving the quality of health care which it provides to individuals, it shall be the duty of each NHS Trust to ensure that it takes account of the need to meet or exceed any relevant national standards.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
78*	Page 11, line 17, at end insert ("including, without prejudice to the generality of this section, general clinical care as well as medical treatment and the equity of treatment provided")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
79	Page 11, line 17, at end insert ("and (b) to the extent that they are not otherwise covered by the foregoing-- (i) the reception of pregnant women or of women immediately after childbirth; (ii) the carrying out of surgical procedures under anaesthesia; (iii) the termination of pregnancies; (iv) endoscopy; (v) haemodialysis or peritoneal dialysis; (vi) treatment by specially controlled techniques within the meaning of Part II of the Registered Homes Act 1984 and regulations made thereunder; and (vii) the reception of, and the provision of nursing and other medical treatment (including care, habilitation and rehabilitation under medical supervision) for, one or more mentally disordered patients (meaning persons suffering, or appearing to be suffering, from mental disorder) whether exclusively or in common with other persons.")
80	Page 11, line 18, at end insert-- (""independent hospital" means any 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 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 14
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
81	Page 11, line 20, at end insert-- ("( ) The bodies to whom directions are given under section 17(1) of the 1977 Act shall act upon the recommendations of the Commission for Health Improvement. ( ) The Commission for Health Improvement shall, except in exceptional circumstances, be guided by the standards set by the National Institute for Clinical Excellence as regards best practice in clinical care and treatment.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
82	Page 11, line 23, leave out subsection (3)
	Schedule 2
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
83	Page 48, line 9, at end insert ("at least three of whom shall be lay members representing all sections of the community including older people")
	BY THE LORD HARRIS OF HARINGEY
84	Page 48, line 9, at end insert (", a majority of whom shall be lay representatives")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
85	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")
86	Page 48, line 9, at end insert ("a majority of whom shall be lay members")
87	Page 48, line 9, 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 members of the Commission (including experience related to the interests of consumers, patients and carers).")
88	Page 48, line 14, at end insert ("having regard to the interests of key partners, including universities, in the delivery of quality health care")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
89	Page 50, line 16, after ("State") insert ("and to the Public Accounts Committee of the House of Commons")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
90	Page 50, line 17, at end insert (", including its performance in respect of equality of opportunity.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
91	Page 50, line 17, at end insert ("and the Secretary of State shall publish the report")
92	Page 50, line 20, at end insert ("and he shall publish all such reports and information")
93	Page 50, line 20, at end insert-- ("( ) The Commission shall make and publish such other reports as it sees fit in relation to the exercise of its duties.")
	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 2 be the second Schedule to the Bill.
	Clause 15
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
94	Page 11, line 26, leave out ("or NHS Trusts") and insert (", NHS Trusts or independent hospitals")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD CLEMENT-JONES THE LORD McCOLL OF DULWICH
95	Page 11, line 26, after second ("trusts") insert ("or non-NHS health care providers")
	BY THE LORD HARRIS OF HARINGEY
96	Page 11, line 29, at beginning insert ("giving due consideration to any concerns of the relevant community health council,")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
97	Page 11, line 30, leave out ("or NHS Trusts") and insert (", NHS Trusts or independent hospitals")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD CLEMENT-JONES THE LORD McCOLL OF DULWICH
98	Page 11, line 30, after second ("trusts") insert ("or non-NHS health care providers")
99	Page 11, line 35, after second ("trusts") insert ("or non-NHS health care providers")
100	Page 11, line 40, after ("providers") insert ("or non-NHS health care providers")
	BY THE LORD HARRIS OF HARINGEY
101	Page 11, line 40, after ("responsibility,") insert ("and making any such reports available to the relevant community health council,")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD CLEMENT-JONES THE LORD McCOLL OF DULWICH
102	Page 11, line 43, at end insert ("or non-NHS health care providers")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
103	Page 11, line 44, at end insert ("and ( ) the function of carrying out investigations into, and making reports on, the management, provision or quality of healthcare provided by private healthcare institutions.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
104	Page 11, line 44, at end insert ("and ( ) the function of carrying out investigations into, and making reports on, the quality of health care for which independent hospitals have responsibility.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
105	Page 11, line 44, at end insert-- ("( ) In exercising its functions under this section the Commission shall act in accordance with the principle that every individual has a right to equal treatment according to individual need and not on the basis of age.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
106	Page 11, line 44, at end insert-- ("( ) The functions of the Commission shall be exercised with due regard to the principle that there should be equal opportunity for all people.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
107	Page 12, leave out line 9
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
108	Page 12, line 10, leave out from beginning to (", and") in line 12
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
109	Page 12, line 10, leave out ("persons") and insert ("bodies")
110	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.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
111	Page 12, line 15, at end insert-- ("( ) Notwithstanding subsection (2) the Commission shall be entitled to exercise any of the functions set out in subsection (1) as a result of its own decision or on a complaint being made by a member of the public or of NHS staff.")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
112	Page 12, line 17, leave out ("be absolutely privileged") and insert ("have qualified privilege")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
113	Page 12, line 34, at end insert-- (""independent hospital" has the meaning given by section 13,")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
114*	Page 12, line 36, at end insert-- (""non-NHS health care provider" means a provider of authorised NHS pay beds, dedicated private patient units in NHS hospitals, and any other provider of hospital-based health care services that are not operated by the NHS,")



© Parliamentary copyright 1999	Prepared 25 February 1999