House of Lords Amendments - Health Bill [H.L.]

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Session 1998-99
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Health Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Second Marshalled List of Amendments to the Health Bill [H.L.] to be moved on Report in the House of Lords.

The amendments have been marshalled in accordance with the order of 11th March 1999, as follows--

Clauses 18 to 47
Schedule 3
Clauses 48 to 50
Schedules 4 and 5
Clauses 51 to 54

[Amendments marked * are new or have been altered]

Amendment
No.

After Clause 18

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

47      Insert the following new Clause--

    ("  .--(1)  The Secretary of State may by regulations--
(a)  extend the duty in section 13, or

(b)  extend the functions of the Commission for Health Improvement, or any of them,
to any independent hospital.

    (2)  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.")
Independent hospitals.

Clause 19

BY THE BARONESS MASHAM OF ILTON
THE LORD CLEMENT-JONES
THE EARL HOWE
THE LORD McCOLL OF DULWICH

48      Page 15, line 33, at end insert--

    ("(2)  The duty in subsection (1) applies in particular to co-operation in enabling patients resident in an area covered by a body referred to in that subsection to be referred out of that area where appropriate for the purpose of receiving specialist hospital treatment and after-care.")

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER

49      Page 15, line 33, at end insert--

    ("(  )  To this end the bodies listed in subsection (1) shall--
(a)  meet at least once a year in public to discuss ways of improving partnership arrangements;

(b)  invite a representative from all affected Community Health Councils and Local Authorities to such meetings;

(c)  produce an annual report of such meetings for the Secretary of State, which he shall publish.")

After Clause 20

BY THE BARONESS PITKEATHLEY

50      Insert the following new Clause--

    ("  .--(1)  Section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services) is amended as follows.

    (2)  In subsection (3), for the words "invite them to assist, to such extent as is reasonable in the circumstances," there shall be inserted the words "request them to assist".

    (3)  After subsection (3) there is inserted--
    (3A)  A Health Authority whose help is so requested shall comply with the request if it is compatible with its own statutory duties and obligations and does not unduly prejudice the discharge of any of its functions."")
Health Authorities to assist with community care assessments.

Clause 21

BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE

51      Page 16, line 10, at end insert--

    ("(  )  Health Authorities shall, before drawing up any plan under this section, consult key partners in the delivery of NHS healthcare and the promotion of health.")

BY THE BARONESS HAYMAN

52      Page 17, line 21, leave out ("13") and insert ("13(4)")

Clause 24

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER

53      Page 19, line 1, after ("the") insert ("social services departments of")

Clause 26

BY THE BARONESS HAYMAN

54      Page 20, line 44, after ("section") insert ("and sections 27 and 28")

55      Page 21, leave out lines 9 to 12 and insert ("and sections 27 and 28, a voluntary scheme is to be treated as applying to a manufacturer or supplier to whom it relates if--
(a)  he has consented to the scheme being so treated (and has not withdrawn that consent), and

(b)  no notice is in force in his case under subsection (2C).
    (2A)  For the purposes of this section")

56

        4      Page 21, line 15, at end insert--

    ("(2B)  If, in the opinion of the Secretary of State, any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a
"scheme member") have shown that, in the scheme member's case, the scheme is ineffective for either of the purposes mentioned in subsection (1), the Secretary of State may give written notice of that fact to the scheme member stating his reasons.

    (2C)  If, after the Secretary of State has given the scheme member an opportunity to make representations about the acts or omissions in question, he continues to be of that opinion, he may by a further written notice given to the scheme member (and stating his reasons) determine that the scheme should cease to apply in the scheme member's case.

    (2D)  Consent under subsection (2)(a) must be given, or withdrawn, in the manner required by the Secretary of State.")

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
[As an amendment to amendment 56]

56A*      Line 4, after ("member")") insert ("which constitute a failure to comply with any regulations or directions made pursuant to sections 26(3) or (4)")

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER

57      Page 21, line 23, at end insert (", for the purpose of giving effect to a voluntary scheme")

Clause 27

BY THE BARONESS HAYMAN

58      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

59      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

60      Leave out Clause 28

After Clause 28

BY THE LORD DESAI

61      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 and operation of the schemes and the mechanisms for publishing the results of such an audit; and

(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

62      Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence")

BY THE BARONESS HAYMAN

63      Page 22, line 35, after ("scheme") insert ("or of a limit under section 27")

64      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

65      Page 23, line 2, leave out ("£100,000") and insert ("£50,000")

66      Page 23, line 3, leave out ("£10,000") and insert ("£5,000")

BY THE BARONESS HAYMAN

67      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.

        24     (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
(including an amount by way of penalty) to him;amount

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.

BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
[As an amendment to amendment 67]

67A*      Line 24, at end insert--
("(e)  determine that a voluntary Scheme should cease to apply in a Scheme member's case;")

BY THE BARONESS HAYMAN

68      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

69      Page 23, line 19, leave out ("particular") and insert ("specific")

70      Page 23, line 21, leave out ("particular") and insert ("specific")

71      Page 23, line 21, at end insert ("and in this subsection "specific" means specified in the direction concerned")

72      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)")

73

        5     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 EARL HOWE
THE LORD McCOLL OF DULWICH
[As an amendment to amendment 73]

73A*      Line 5, at end insert ("and for manufacturers and suppliers to receive reasonable profits in respect of the supply of Health Service medicines to the Health Service.")

BY THE LORD LUCAS

74      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

75      Page 23, line 41, leave out from ("product") to ("used") in line 42

76      Page 24, line 2, at end insert--

(""medicinal product" has the meaning given by section 130 of the Medicines Act 1968,")
1968 c. 67.

© Parliamentary copyright 1999
Prepared 18 March 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	After Clause 18
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER THE LORD CLEMENT-JONES
47	Insert the following new Clause--
	(" .--(1) The Secretary of State may by regulations-- (a) extend the duty in section 13, or (b) extend the functions of the Commission for Health Improvement, or any of them, to any independent hospital. (2) 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.")	Independent hospitals.
	Clause 19
	BY THE BARONESS MASHAM OF ILTON THE LORD CLEMENT-JONES THE EARL HOWE THE LORD McCOLL OF DULWICH
48	Page 15, line 33, at end insert-- ("(2) The duty in subsection (1) applies in particular to co-operation in enabling patients resident in an area covered by a body referred to in that subsection to be referred out of that area where appropriate for the purpose of receiving specialist hospital treatment and after-care.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
49	Page 15, line 33, at end insert-- ("( ) To this end the bodies listed in subsection (1) shall-- (a) meet at least once a year in public to discuss ways of improving partnership arrangements; (b) invite a representative from all affected Community Health Councils and Local Authorities to such meetings; (c) produce an annual report of such meetings for the Secretary of State, which he shall publish.")
	After Clause 20
	BY THE BARONESS PITKEATHLEY
50	Insert the following new Clause--
	(" .--(1) Section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services) is amended as follows. (2) In subsection (3), for the words "invite them to assist, to such extent as is reasonable in the circumstances," there shall be inserted the words "request them to assist". (3) After subsection (3) there is inserted-- (3A) A Health Authority whose help is so requested shall comply with the request if it is compatible with its own statutory duties and obligations and does not unduly prejudice the discharge of any of its functions."")	Health Authorities to assist with community care assessments.
	Clause 21
	BY THE LORD CLEMENT-JONES THE BARONESS SHARP OF GUILDFORD THE EARL HOWE
51	Page 16, line 10, at end insert-- ("( ) Health Authorities shall, before drawing up any plan under this section, consult key partners in the delivery of NHS healthcare and the promotion of health.")
	BY THE BARONESS HAYMAN
52	Page 17, line 21, leave out ("13") and insert ("13(4)")
	Clause 24
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
53	Page 19, line 1, after ("the") insert ("social services departments of")
	Clause 26
	BY THE BARONESS HAYMAN
54	Page 20, line 44, after ("section") insert ("and sections 27 and 28")
55	Page 21, leave out lines 9 to 12 and insert ("and sections 27 and 28, a voluntary scheme is to be treated as applying to a manufacturer or supplier to whom it relates if-- (a) he has consented to the scheme being so treated (and has not withdrawn that consent), and (b) no notice is in force in his case under subsection (2C). (2A) For the purposes of this section")
56 4	Page 21, line 15, at end insert-- ("(2B) If, in the opinion of the Secretary of State, any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a "scheme member") have shown that, in the scheme member's case, the scheme is ineffective for either of the purposes mentioned in subsection (1), the Secretary of State may give written notice of that fact to the scheme member stating his reasons.
	(2C) If, after the Secretary of State has given the scheme member an opportunity to make representations about the acts or omissions in question, he continues to be of that opinion, he may by a further written notice given to the scheme member (and stating his reasons) determine that the scheme should cease to apply in the scheme member's case. (2D) Consent under subsection (2)(a) must be given, or withdrawn, in the manner required by the Secretary of State.")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH [As an amendment to amendment 56]
56A*	Line 4, after ("member")") insert ("which constitute a failure to comply with any regulations or directions made pursuant to sections 26(3) or (4)")
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH THE LORD ASTOR OF HEVER
57	Page 21, line 23, at end insert (", for the purpose of giving effect to a voluntary scheme")
	Clause 27
	BY THE BARONESS HAYMAN
58	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
59	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
60	Leave out Clause 28
	After Clause 28
	BY THE LORD DESAI
61	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 and operation of the schemes and the mechanisms for publishing the results of such an audit; and (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
62	Page 22, line 33, after ("body") insert ("and the National Institute for Clinical Excellence")
	BY THE BARONESS HAYMAN
63	Page 22, line 35, after ("scheme") insert ("or of a limit under section 27")
64	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
65	Page 23, line 2, leave out ("£100,000") and insert ("£50,000")
66	Page 23, line 3, leave out ("£10,000") and insert ("£5,000")
	BY THE BARONESS HAYMAN
67	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.
24	(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 (including an amount by way of penalty) to him;amount
	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.
	BY THE EARL HOWE THE LORD McCOLL OF DULWICH [As an amendment to amendment 67]
67A*	Line 24, at end insert-- ("(e) determine that a voluntary Scheme should cease to apply in a Scheme member's case;")
	BY THE BARONESS HAYMAN
68	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
69	Page 23, line 19, leave out ("particular") and insert ("specific")
70	Page 23, line 21, leave out ("particular") and insert ("specific")
71	Page 23, line 21, at end insert ("and in this subsection "specific" means specified in the direction concerned")
72	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)")
73 5	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 EARL HOWE THE LORD McCOLL OF DULWICH [As an amendment to amendment 73]
73A*	Line 5, at end insert ("and for manufacturers and suppliers to receive reasonable profits in respect of the supply of Health Service medicines to the Health Service.")
	BY THE LORD LUCAS
74	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
75	Page 23, line 41, leave out from ("product") to ("used") in line 42
76	Page 24, line 2, at end insert--
	(""medicinal product" has the meaning given by section 130 of the Medicines Act 1968,")	1968 c. 67.