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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	After Clause 36
	BY THE LORD MACKAY OF ARDBRECKNISH
187	Insert the following new Clause--
	(" .--(1) Section 2 of the 1978 Act (health boards) is amended as follows. (2) In subsection (3) after "order", in the first place it occurs, there is inserted "create an all Scotland Health Board or".")	All Scotland Health Board.
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
188	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 NHS Trust; and (b) 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.
	Clause 39
	BY THE LORD MACKAY OF ARDBRECKNISH
189*	Page 31, line 6, at end insert-- ("(2) In section 12A of the 1978 Act (NHS trusts), after subsection (3) there is inserted-- (3A) The chairman and trustees of every NHS trust shall, on appointment, be resident in or employed in the area covered by the trust."")
	After Clause 40
	BY THE LORD MACKAY OF ARDBRECKNISH
190	Insert the following new Clause--
	(" . In Schedule 7A to the 1978 Act, after paragraph 13 there is inserted-- 13A. If no local healthcare cooperative has been set up in any part of an NHS trust's area, the trust shall have power to set one up and keep it in place."")	Local healthcare cooperatives.
	Clause 41
	BY THE EARL OF MAR AND KELLIE THE LORD CLEMENT-JONES
191	Page 31, line 20, at end insert-- ("( ) In implementing and maintaining the arrangements mentioned in subsection (1) each body shall have regard to any guidance issued for England and Wales by the National Institute for Clinical Excellence.")
192	Page 31, line 20, at end insert-- ("( ) Each Health Board, Special Health Board 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 had regard to any guidance issued by the National Institute for Clinical Excellence.")
	Clause 46
	BY THE EARL HOWE THE LORD ASTOR OF HEVER THE LORD McCOLL OF DULWICH
193	Page 38, line 10, at end insert-- ("( ) After section 30 of the 1978 Act (as substituted by subsection (2)) there is inserted--
	30A. The Tribunal shall make, and publish, an annual report to the Council on Tribunals."")	Annual report.
	Clause 47
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
194	Page 38, line 14, after ("Council") insert ("within the period of one year from the coming into force of this section")
	BY THE LORD MORRIS OF MANCHESTER THE BARONESS SHARP OF GUILDFORD
195	Page 38, line 14, at end insert-- ("(za) regulating and modifying the regulation of any profession to which subsection (1A) applies,")
196	Page 38, line 17, at end insert-- ("(1A) This subsection applies to the profession of chiropody as regulated by the Professions Supplementary to Medicine Act 1960.")
197	Page 38, line 24, at end insert ("except chiropody")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
198	Page 38, line 28, at end insert ("including specifically nursing auxiliaries as defined in subsection (6)")
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD
199	Page 38, line 28, at end insert-- ("( ) Orders under this section shall make provision for the regulation of the use of specific professional titles in relation to professions to which subsection (3)(a) above refers.")
	BY THE LORD MORRIS OF MANCHESTER THE BARONESS SHARP OF GUILDFORD
200	Page 38, line 28, at end insert-- ("( ) Orders under this section shall make provision for the restriction of use of the titles "chiropodist" and "podiatrist" to any profession to which subsection (1A) applies.")
	BY THE LORD CLEMENT-JONES THE BARONESS THOMAS OF WALLISWOOD
201	Page 38, line 32, at end insert-- ("(6) For the purposes of this Act, "nursing auxiliaries" means healthcare support workers and assistants not currently professionally regulated under any statutory provision.")
	Schedule 3
	BY THE LORD WALTON OF DETCHANT THE LORD KILPATRICK OF KINCRAIG THE BARONESS McFARLANE OF LLANDAFF THE BARONESS EMERTON
202	Page 51, line 9, after ("may") insert (", subject to paragraphs 7 to 8A,")
203	Page 51, line 38, leave out ("professional") and insert ("regulatory")
204	Page 52, leave out lines 2 and 3 and insert-- ("7.--(1) An Order may not do any of the following in relation to a profession to which section 47(1)(a) applies-- (a) reduce the proportion of the number of members of any regulatory body who must be registered in a register maintained by the body; (b) modify any relevant protective provision so as to remove or reduce the penalty which may be imposed on a person acting in contravention of it; (c) limit or remove any requirement for the approval of the Privy Council in respect of any class of matter; or (d) abolish a regulatory body. (2) Nothing in sub-paragraph (1)(a) shall preclude an Order empowering a regulatory body to make rules having the effect described in that sub-sub paragraph.")
	BY THE LORD MONKSWELL THE BARONESS McFARLANE OF LLANDAFF
205	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
206	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 WALTON OF DETCHANT THE LORD KILPATRICK OF KINCRAIG THE BARONESS McFARLANE OF LLANDAFF THE BARONESS EMERTON
207	Page 52, line 5, leave out ("47(1)") and insert ("47(1)(a)")
208	Page 52, line 6, leave out ("professional") and insert ("regulatory")
209	Page 52, line 6, leave out ("a professional") and insert ("that regulatory")
210	Page 52, line 12, after ("rules") insert ("and determining cases)")
211	Page 52, line 13, at end insert-- ("(e) determining the education and training required to be undertaken by those admitted to practice, (f) determining the amount of any fee payable to the regulatory body.")
	BY THE LORD MONKSWELL THE LORD CLEMENT-JONES THE BARONESS McFARLANE OF LLANDAFF THE EARL HOWE
212	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.")
	BY THE LORD WALTON OF DETCHANT THE LORD KILPATRICK OF KINCRAIG THE BARONESS McFARLANE OF LLANDAFF THE BARONESS EMERTON
213	Page 52, line 14, at end insert-- ("8A.--(1) An Order may not make provision in relation to a profession regulated on the relevant date by the Professions Supplementary to Medicine Act 1960 which-- (a) provides for any of the things mentioned in paragraph 8(2) to be done by a body other than a body consisting wholly or mainly of members of the professions to be regulated by it who are admitted to practice, (b) modifies any relevant protective provision so as to remove or reduce the penalty which may be imposed on a person acting in contravention of it, or (c) limits or removes any requirement for the approval of the Privy Council in respect of any class of matter requiring such approval on the relevant date. (2) In sub-paragraph (1), "the relevant date" means 1st July 1999.")
	BY THE BARONESS WILCOX
214*	Page 52, line 20, at end insert (", and (c) consult patients and carers.")
	BY THE LORD WALTON OF DETCHANT THE LORD KILPATRICK OF KINCRAIG THE BARONESS McFARLANE OF LLANDAFF THE BARONESS EMERTON
215	Page 52, leave out lines 30 to 32
216	Page 52, line 34, after ("body)") insert (", and any committee of such a body,")
217	Page 52, line 34, at end insert-- (""relevant protective provision" means any provision by virtue of which it is an offence for a person to adopt a description of himself or do any other act without being registered in a register maintained by a regulatory body,")
	Schedule 4
	BY THE LORD HARRIS OF HARINGEY
218	Page 63, line 8, at end insert-- ("( ) In section 15 (information and consultation)-- (a) for subsection (1A) there is substituted-- (1A) Subsection (1B) applies where information has been obtained by a Commissioner or any of his officers in the course of or for the purposes of an investigation which is to the effect that a person is likely to constitute a threat to the health or safety of patients.", and (b) in subsection (1B), omit the words following "patients".")
	Clause 52
	BY THE LORD MACKAY OF ARDBRECKNISH
219	Page 40, line 19, at end insert-- ("(3) No order may be made appointing a day for any provision of Part II of this Act to come into force until that provision has been approved by the Scottish Parliament.")
220*	Page 40, line 19, at end insert-- ("( ) Notwithstanding the provisions of subsection (1), any order to bring any of the provisions of Part II of this Act into force, with effect from a date on or after 6th May 1999, may only be made by a Scottish Minister, within the meaning of section 44(2) of the Scotland Act 1998.")
221*	Page 40, line 19, at end insert-- ("( ) Notwithstanding the provisions of subsection (1), any order to bring any of the provisions of Part II of this Act into force, with effect from a date on or after 1st July 1999, may only be made by a Scottish Minister, within the meaning of section 44(2) of the Scotland Act 1998.")



© Parliamentary copyright 1999	Prepared 25 February 1999