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 24
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD THE LORD RIX
149	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.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
150	Page 20, line 18, leave out ("may issue guidance") and insert ("shall issue directions")
151	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.")
152	Page 20, line 31, at end insert-- (""health care" has the meaning given by section 13,")
	Clause 25
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
153	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.
	After Clause 25
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
154	Insert the following new Clause--
	("Regional Assemblies
	. Upon a regional assembly being created for any region in England, such regional assembly shall for the purposes of the 1977 Act, the National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other act, assume responsibility for-- (a) strategic planning, (b) capital infrastructure, and (c) specialised services commissioning, in the health service in respect of such region.")	Regional assemblies to be responsible for strategic planning etc. in NHS.
155	Insert the following new Clause--
	("Specialised services: consultation
	. Before arrangements to provide specialised services between an NHS regional office and the relevant providers are finalised, an NHS regional office shall ensure that the Primary Care Groups and Primary Care Trusts in the area covered by the relevant NHS regional office are fully consulted.")	Consultation in respect of specialised services.
	Clause 26
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE BARONESS SHARP OF GUILDFORD
156	Page 21, line 16, leave out ("The Secretary of State") and insert ("A voluntary scheme")
157	Page 21, line 17, leave out ("a") and insert ("the")
158	Page 21, leave out lines 20 to 22
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
159	Page 21, line 23, at end insert (", after consultation with the industry body")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE BARONESS SHARP OF GUILDFORD
160	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.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
	The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.
	Clause 27
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
161	Page 21, line 33, after ("may") insert ("for the purpose of giving effect to a voluntary scheme")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
162	Page 21, line 33, leave out ("after consultation with") and insert ("with the written consent of")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
163	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
164	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 LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
165	Page 21, line 41, after ("State") insert ("for Trade and Industry")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
166	Page 21, line 41, leave out ("after consultation with") and insert ("with the written consent of")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
167	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.")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
168*	Page 22, line 31, at end insert-- ("( ) The Secretary of State shall report annually to Parliament with a general survey of developments during the preceding twelve months on the statutory schemes, including references to-- (a) decisions taken to introduce any statutory scheme, (b) decisions taken to control prices and limit profits under subsection (1), and (c) decisions taken to prohibit price increases and collect payments under subsections (4), (5) and (6).")
	BY THE LORD LUCAS
169*	Page 22, line 31, at end insert-- ("( ) The Secretary of State shall publish within seven days details of any payments made under subsections (4) and (5) above.")
	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 28 stand part of the Bill.
	Clause 29
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
170	Page 22, line 32, leave out ("after consultation with") and insert ("with the written consent of ")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
171	Page 22, line 33, after ("body") insert ("and bodies representing consumers and patients")
172	Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence")
173	Page 22, line 37, at end insert-- ("( ) In exercising any powers or negotiating any price under or by virtue of any provision of this Act, the Secretary of State shall have regard to the priorities of the NHS for research and development in the field of pharmaceuticals.")
174	Page 22, line 44, at end insert-- ("( ) The Secretary of State shall make regulations to provide for the right of appeal to an independent tribunal by any person who may become subject to a statutory scheme, either in respect of a decision by the Secretary of State regarding the control of prices or profits or in respect of the disclosure of information.")
	Clause 30
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE BARONESS SHARP OF GUILDFORD
175	Page 23, line 13, at end insert ("after consultation with the industry body")
176	Page 23, line 15, at end insert-- ("( ) 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. ( ) In this section "the court" means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.")
177	Page 23, line 15, at end insert-- ("( ) 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 THE BARONESS SHARP OF GUILDFORD
178	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 LORD LUCAS
179*	Page 23, line 19, after ("giving") insert ("and publishing")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE BARONESS SHARP OF GUILDFORD
180	Page 23, line 28, leave out ("27") and insert ("26")
181	Page 23, line 31, leave out ("by reference")
182	Page 23, line 32, leave out ("would be") and insert ("are")
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
183	Page 23, line 44, after ("means") insert ("the Association of the British Pharmaceutical Industry and")
184	Page 23, line 44, after ("any") insert ("other")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE BARONESS SHARP OF GUILDFORD
185	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.")
	Clause 36
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
186	Page 29, line 36, at end insert ("from 31st March 2000")



© Parliamentary copyright 1999	Prepared 25 February 1999