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 55

BY THE BARONESS HAYMAN

Page 56, line 23, at end insert--

(""the 1978 Act" means the National Health Service (Scotland) Act 1978,")

Schedule 1

BY THE BARONESS HAYMAN

Page 61, line 32, leave out from beginning to ("to") in line 33 and insert ("Provision must be made by regulations requiring Primary Care Trusts")

Page 61, line 39, at end insert--

("by taking such steps as may be specified in the regulations.")

Schedule 2

BY THE BARONESS HAYMAN

Page 67, line 1, leave out sub-paragraph (3)

Page 67, line 3, leave out (", together with copies of the auditors' report,")

Schedule 3

BY THE BARONESS HAYMAN

Page 69, leave out lines 26 and 27 and insert--

("(b) invite representations to be made to him about the draft by persons appearing to him appropriate to represent the profession to be regulated, persons appearing to him appropriate to represent those provided with services by the profession and any other persons appearing to him appropriate to consult about the draft.")

Page 70, line 11, leave out ("references") and insert ("the reference")

Page 70, line 12, leave out ("include") and insert ("includes")

Page 70, line 12, leave out ("references") and insert ("the reference")

Page 70, line 13, leave out ("include") and insert ("includes")

Schedule 4

BY THE BARONESS HAYMAN

Page 71, line 8, at end insert--

(". In section 12 (supplementary provisions for sections 8 and 11), subsection (1) is omitted.")

Page 71, line 15, at end insert--

(". After section 16B (exercise of functions by Primary Care Trusts) there is inserted--

Advice for Health Authorities and Primary Care Trusts.

16C.--(1) Every Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

(2) This section applies to Primary Care Trusts as it applies to Health Authorities." ")

Page 72, line 6, at end insert--

(". In section 28C(4) (personal medical or dental services), for "13" there is substituted "16D".")

Page 73, line 39, leave out from ("Tribunal") to ("they") in line 40 and insert ("make a national disqualification,")

Page 73, line 48, leave out from ("substituted") to ("and") in line 49 and insert (""national disqualification"")

Page 75, line 42, at end insert--

("( ) In subsection (4), after "to make such" there is inserted "transitional, saving".")

Page 76, line 5, leave out ("in") and insert ("by")

Page 76, line 27, leave out ("16C(1)") and insert ("16D(1)")

BY THE LORD MACDONALD OF TRADESTON

80*

     Page 77, line 37, at end insert--

    (". In section 19A(3)(b) (medical lists), for the words from first "disqualified" to "29" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".

    . Section 31 (disqualification provisions in England and Wales or Northern Ireland) is renumbered as subsection (1) of that section and--

(a) in paragraph (a), for the words from "services" to "29(1)" there is substituted "any of the services mentioned in one of the paragraphs of section 29(5)";

(b) in paragraph (b), at the beginning, there is inserted "in relation to the services in question" and for the words from "a list" to the end there is substituted "any list and (if also the subject of such a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him";

(2) Where under the conditional disqualification provisions in England and Wales or Northern Ireland--

(a) any conditions are imposed in relation to the provision by any person of any of the services mentioned in section 29(5); or

(b) any conditions so imposed are varied,

the Secretary of State may, by a notice in writing given to each Health Board and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part.

(3) A notice under subsection (2) may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to Scotland as they have in relation to England and Wales or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.

(4) Conditions imposed by a notice under subsection (2) shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.

    (5)  In this section, "the conditional disqualification provisions in England and Wales or Northern Ireland" means any provisions in force in England and Wales or Northern Ireland corresponding to sections 29C and (so far as relating to conditional disqualifications) 30."     . Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and--

    (a)  in paragraph (c) after "disqualification" in both places where it occurs there is inserted "or condition";

    (b)  after that subsection there is inserted--

(2) Regulations under subsection (1)(a) above may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely." . In section 32A (applications for interim suspension)--

(a) after subsection (1) there is inserted--

(1A) A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.";

(b) in subsection (2), for the words from "it" to "patients" there is substituted "either of the conditions for doing so is satisfied" and after "in question" there is inserted "or the case to which the review in question";

(2A) The conditions for giving such a direction are--

(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part to which the case in question, or the case to which the review in question, relates;

(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that--

(i) an act or omission within section 29(4C)(a) will occur; or

(ii) the investigation of the case or the review will be prejudiced";

(d) in subsection (3)(c), for the words from "under" to "engaged in" there is substituted "of unfitness in relation to";

(e) in subsection (4), after "case" there is inserted "or review";

(f) subsection (5) is omitted;

(g) in subsection (6)(a), "prepared under this Part of this Act" is omitted. . In section 32B (continuation of suspension pending appeal)--

(a) for subsection (1) and the preceding sidenote there is substituted--

Suspension pending appeal.

32B.--(1) Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.";

(b) in subsection (2), in paragraph (a), for "direction under section 29(2)(b)" there is substituted "national disqualification" and, in paragraph (b), for "that direction" there is substituted "the disqualification";

(c) in subsection (3), for the words from "direction" to "section 29(3)(c)" there is substituted "disqualification which is not coupled with a declaration of unfitness";

(d) subsection (4) is omitted. . In section 32D (suspension provisions in England and Wales or Northern Ireland), for "29(1)" there is substituted "29(5)".")

81*

Page 78, line 43, at end insert--

(". In Schedule 8 (the Tribunal), in paragraph 8--

(a) in sub-paragraph (2)(a), for "section 29" there is substituted "sections 29 to 29C";

(b) in sub-paragraph (2)(b), after "disqualification" there is inserted "conditional disqualification or declaration of unfitness";

(c) in sub-paragraph (2)(d), for the words from "the application" to the end there is substituted "section 32A(3) may be made to apply or continue to apply".")

BY THE BARONESS HAYMAN

Page 80, line 25, leave out (""16C"") and insert (""16D"")

Page 83, line 7, after ("Act)") insert--

("(a) in subsection (1), for "13" there is substituted "16D" and")

Page 83, line 8, at end insert--

("(b) in subsection (2)(b), for "13" there is substituted "16D".")

Schedule 5

BY THE BARONESS HAYMAN

Page 83, line 22, column 3, at end insert--

("Section 12(1).")

Page 83, line 27, column 3, at end insert--

("In section 49A, subsection (5) and, in subsection (6)(a), "prepared under this Part of this Act".

Section 49B(4).")

Page 83, line 35, column 3, after ("section 97,") insert ("subsection (2),")

Page 83, line 40, column 3, at end insert--

("In section 122(2), "as a simple contract debt".")

BY THE LORD MACDONALD OF TRADESTON

Page 84, line 5, column 3, leave out ("(2)(j)") and insert ("(2)(d) and (j)")

Page 84, line 8, column 3, at end insert--

("In section 32A, subsection (5) and, in subsection (6)(a), "prepared under this Part of this Act".

In section 32B, subsection (4).")

BY THE BARONESS HAYMAN

Page 85, line 11, column 3, after ("paragraphs") insert ("3(a),")

Page 85, line 15, at end insert--

("1997 c. 24.

The Nurses, Midwives and Health Visitors Act 1997.

The whole Act.")

Page 85, line 19, at end insert--

("The repeal of section 97(2) of the 1977 Act has effect for the financial year 1999-2000 and subsequent financial years.")

In the Title

BY THE EARL HOWE
THE LORD CLEMENT-JONES

Line 4, after ("functions;") insert ("make provision in relation to monitoring and improving the quality of health care in independent hospitals;")



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