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Clause 41 | |
| |
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER | |
| 77 |
Page 31, line 27, at end insert--
("(4) The Secretary of State may by regulations extend the duty in this section to Special Health Authorities of any particular description and to any independent hospital.
(5) 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;
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| | (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."") | |
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Clause 42 | |
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BY THE LORD MACDONALD OF TRADESTON | |
| 77A |
Page 32, line 21, at end insert ("or
(e) remuneration which is referable to the cost of drugs for which the Health Board is accountable in that year (whether paid by it or by another Health Board)")
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| 77B |
Page 32, line 22, leave out ("paragraph (b), (c) or (d)") and insert ("paragraphs (b) to (e)") | |
| 77C |
Page 33, line 4, at end insert--
("(11) In this section and section 85AB, "drugs" includes medicines and listed appliances (within the meaning of section 27).") | |
| 77D |
Page 33, line 4, at end insert-- | |
| | ("Further provision as to expenditure on drugs. |
85AB.--(1) For each financial year, the Secretary of State shall apportion, in such manner as he thinks appropriate, among all Health Boards the total of the remuneration referable to the cost of drugs which is paid by each Health Board in that year.
(2) A Health Board is accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to it under subsection (1).
(3) Where in any financial year any remuneration referable to the cost of drugs for which a Health Board is accountable is paid by another Health Board, the remuneration is to be treated (for the purposes of this section) as having been paid by the first Health Board in the performance of its functions.
(4) The Secretary of State may, in particular, exercise his discretion under subsection (1)--
(a) so that any apportionment reflects, in the case of each Health Board, the financial consequences of orders for the provision of drugs, being orders which in his opinion are attributable to the Board in question;
(b) by reference to averaged or estimated amounts.
(5) The Secretary of State may make provision for any remuneration referable to the cost of drugs which is paid by a Health Board other than the Health Board which is accountable for the payment to be reimbursed in such manner as he may determine.
(6) The Secretary of State shall determine what remuneration paid by Health Boards to persons providing pharmaceutical services is to be treated for the purposes of section 85AA and this section as remuneration referable to the cost of drugs.") | |
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After Clause 45 | |
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BY THE BARONESS HAYMAN
THE LORD MACDONALD OF TRADESTON | |
| 78 |
Insert the following new Clause-- | |
| | ("Indemnity cover | |
| | .--(1) After section 28B of the 1978 Act there is inserted-- | Indemnity cover for Part II services. |
| | Indemnity cover. |
28C.--(1) Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.
(2) The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision--
(a) for securing that a person is not be added to any list unless he holds approved indemnity cover;
(b) for the removal from a list prepared by a Health Board of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Board in the prescribed manner satisfy the Health Board that he holds approved indemnity cover.
(3) For the purposes of this section--
approved body" means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;
approved indemnity cover" means indemnity cover made--
(a) on prescribed terms; and
(b) with an approved body;
indemnity cover", in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which--
(a) arises out of the provision of Part II services in accordance with arrangements made by him with a Health Board under this Part of this Act; and
(b) is incurred by him or any such person in respect of the death or personal injury of a person;
list" has the same meaning as in section 29;
Part II practitioner" means a person whose name is on a list;
Part II services" means general medical services, general dental services, general ophthalmic services or pharmaceutical services;
personal injury" means any disease or impairment of a person's physical or mental condition and includes the prolongation of any disease or such impairment;
and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.
(4) The regulations may provide that a person of any description who has entered into a contract or arrangement which is--
(a) in a form identified in accordance with the regulations in relation to persons of that description; and
(b) made with a person or persons so identified,
is to be treated as holding approved indemnity cover for the purposes of the regulations." | |
| | (2) In section 19A of the 1978 Act (medical lists), at the beginning of subsection (3) there is inserted "Subject to any provision made under section 28C,".
(3) In section 25 of that Act (arrangements for provision of general dental services), in subsection (2)(b), the word "and" before sub-paragraph (iii) is omitted and after that sub-paragraph there is inserted "; and
(iv) any provision made under section 28C".
(4) In section 26 of that Act (arrangements for provision of general ophthalmic services), in subsection (2)(b), after "practitioners" there is inserted "and any provision made under section 28C".") | |
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Clause 46 | |
| |
BY THE LORD MACDONALD OF TRADESTON | |
| 78A* |
Page 35, line 29, leave out ("29E") and insert ("29C") | |
| |
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER | |
| 79 |
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."") | |
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After Clause 46 | |
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BY THE LORD MACDONALD OF TRADESTON | |
| 79A* |
Insert the following new Clause-- | |
| | (" .--(1) After section 99 of the 1978 Act there is inserted-- | Recovery of charges and payments. |
| | Recovery of charges and payments. |
99ZA.--(1) Where goods or services to which this section applies are provided and either--
(a) any charge payable by any person under this Act in respect of the provision of the goods or services is reduced, remitted or repaid, but that person is not entitled to the reduction, remission or repayment; or
(b) any payment under this Act is made to, or for the benefit of, any person in respect of the cost of obtaining the goods or services but that person is not entitled to, or to the benefit of, the payment,
the amount mentioned in subsection (2) is recoverable as a debt from the person in question by the responsible authority.
(2) That amount--
(a) in a case within subsection (1)(a), is the amount of the charge or (where it has been reduced) reduction;
(b) in a case within subsection (1)(b), is the amount of the payment.
(3) Where two or more persons are liable under section 99 or this section to pay an amount in respect of the same charge or payment, those persons shall be jointly and severally liable.
(4) For the purposes of this section, the circumstances in which a person is to be treated as not entitled to a reduction, remission or repayment of a charge, or to (or to the benefit of) a payment, include in particular those in which it is received (wholly or partly)--
(a) on the ground that he or another is a person of a particular description, where the person in question is not in fact of that description;
(b) on the ground that he or another holds a particular certificate, when the person in question does not in fact hold such a certificate or does hold such a certificate but is not entitled to it;
(c) on the ground that he or another has made a particular statement, when the person in question has not made such a statement or the statement made by him is false.
(5) In this section and section 99ZB, "responsible authority" means--
(a) in relation to the recovery of any charge under section 99 in respect of the provision of goods or services to which this section applies, the person by whom the charge is recoverable;
(b) in relation to the recovery by virtue of this section of the whole or part of the amount of any such charge, the person by whom the charge would have been recoverable,
(c) in a case within subsection (1)(b), the person who made the payment.
(6) But the Secretary of State may by directions provide for--
(a) the functions of any responsible authority of recovering any charges under this Act in respect of the provision of goods or services to which this section applies;
(b) the functions of any responsible authority under this section and section 99ZB,
to be exercised on behalf of the authority by another health service body.
(7) This section applies to the following goods and services--
(a) dental treatment and appliances provided in pursuance of this Act;
(b) drugs and medicines provided in pursuance of this Act;
(c) the testing of sight;
(e) any other appliances provided in pursuance of this Act.
99ZB.--(1) Regulations may provide that, where a person fails to pay--
(a) any amount recoverable from him under section 99 in respect of the provision of goods or services to which section 99ZA applies; or
(b) any amount recoverable from him under section 99ZA,
a notice (referred to in this section as a penalty notice) may be served on the person, by or on behalf of the responsible authority, requiring him to pay to the authority, within a prescribed period, that amount together with a charge (referred to in this section as a penalty charge) of an amount determined in accordance with the regulations.
(2) The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of--
(b) the amount referred to in subsection (1)(a) or (b) multiplied by 5.
(3) The Secretary of State may by order provide for subsection (2) to have effect as if, for the sum specified in paragraph (a) or the multiplier specified in paragraph (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or (as the case may be) multiplier specified in the order.
(4) Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.
(5) The further sum must not exceed 50 per cent. of the amount of the penalty charge.
(6) Any sum payable under the regulations (including the amount referred to in subsection (1)(a) or (b)) may be recovered by the responsible authority as a debt.
(7) But a person is not liable by virtue of a penalty notice--
(a) to pay at any time so much of any amount referred to in subsection (1)(a) or (b) for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other; or
(b) to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.
(8) Section 99ZA and this section apply to charges which may be made and recovered under section 20 of the National Health Service (Primary Care) Act 1997 as they apply to charges under this Act which may be recovered under section 99; and the reference to this Act in section 99ZA(7)(a) includes a reference to a pilot scheme (within the meaning of the 1997 Act).". | |
| | (2) In section 105(3) of the 1978 Act (Parliamentary procedure for certain regulations) after "endowments)" there is inserted "or orders under section 99ZB(3)".") | |
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Clause 47 | |
| |
BY THE LORD MORRIS OF MANCHESTER
THE LORD PESTON | |
| 79B |
Page 38, line 14, at beginning insert--
(" ( ) Her Majesty shall by Order in Council make such provision relating to the regulation of the profession of chiropody and podiatry as set out in paragraph 1A of Schedule 3.") | |
| |
BY THE BARONESS HAYMAN | |
| 79C |
Page 38, line 16, at end insert ("so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes") | |
| 80 |
Page 38, line 17, leave out from ("any") to end of line and insert ("other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.") | |
| 81 |
Page 38, line 18, leave out ("those") and insert--
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| 82 |
Page 38, line 20, after ("1993") insert ("and") | |
| 83 |
Page 38, line 21, leave out first ("and") and insert--
("(b) the professions regulated by") | |
| 84 |
Page 38, line 21, at end insert-- | |
| | ("(c) the professions regulated by the Professions Supplementary to Medicine Act 1960,
(d) any other profession regulated by an Order in Council under this section.") | 1960 c. 66. |
| 85 |
Page 38, line 22, leave out subsection (3) | |
| |
BY THE LORD SKELMERSDALE
THE EARL OF NORTHESK | |
| 86 |
Page 38, leave out lines 25 to 28 | |
| |
BY THE BARONESS HAYMAN | |
| 87 |
Page 38, line 29, leave out ("is") and insert ("and the Nurses, Midwives and Health Visitors Act 1997 are") | 1997 c. 24. |
