| |
After Clause 18 | |
| 29 |
Insert the following new Clause-- | |
| | (".--(1) If requested to do so by the Commission in any particular case, the Audit Commission may join with the Commission in exercising--
(a) the Commission's functions under section 18(1)(b) or (d), or
(b) any functions of the Commission--
(i) which are conferred under section 18(1)(e),
(ii) which correspond to its functions under section 18(1)(b), and
(iii) which relate to Health Authorities or Special Health Authorities.
| Arrangements with the Audit Commission. |
| | (2) If requested to do so by the Audit Commission in any particular case, the Commission may assist the Audit Commission in the exercise of its functions under section 33(1) of the Audit Commission Act 1998 so far as they relate to any body specified in section 98(1) of the 1977 Act.
(3) For the purposes of subsection (1), the Commission's functions under paragraph (b) or (d) of section 18(1) are to be treated as including the function of conducting and making reports on studies designed to improve--
(a) economy, efficiency and effectiveness in the performance of any functions of the persons mentioned in that paragraph, and
(b) the management of those persons.
(4) For the purposes of subsection (1), the Commission's functions mentioned in subsection (1)(b) are to be treated as including the function of conducting and making reports on studies designed to improve--
(a) economy, efficiency and effectiveness in the performance of any functions of the bodies mentioned in subsection (1)(b)(iii) to which those functions of the Commission relate, and
(b) the management of those bodies.
(5) Any report prepared by virtue of subsection (1) is to be prepared by the Commission acting in conjunction with the Audit Commission.
(6) The Audit Commission may not act as mentioned in subsection (1) unless, before it does so, the Commission has agreed to pay the Audit Commission an amount equal to the full costs incurred by the Audit Commission in so acting.
(7) The Commission may not act as mentioned in subsection (2) unless, before it does so, the Audit Commission has agreed to pay the Commission an amount equal to the full costs incurred by the Commission in so acting.
(8) Any reference in subsection (5) or (6) to subsection (1) is a reference to that subsection as read with subsections (3) and (4).
(9) In this section "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.") | 1998 c. 18. |
| 30 |
Insert the following new Clause-- | |
| | (".--(1) Arrangements may be made between the Commission and a Minister of the Crown--
(a) for the Commission to perform any of its functions in relation to any prescribed health scheme for which the Minister has responsibility, or
(b) for the Commission to provide services or facilities in so far as they are required by the Minister in connection with any such health scheme.
(2) Arrangements may be made between the Commission and a Northern Ireland Minister--
(a) for the Commission to perform on behalf of the Minister any functions of the Minister which--
(i) correspond to any functions of the Commission, and
(ii) relate to the Northern Irish health service, or
(b) for the Commission to provide services or facilities in so far as they are required by the Minister in connection with the exercise by him of any such functions.
(3) Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.
(4) Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to the Commission of performing or providing any functions, services or facilities under the arrangements.
(5) Any arrangements under subsection (2)(a) are not to affect the responsibility of the Northern Ireland Minister on whose behalf any functions are exercised.
(6) In this section--
health scheme" means any scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds, | Arrangements with Ministers. |
| | Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975,
Northern Ireland Minister" includes the First Minister, the deputy First Minister and a Northern Ireland department,
Northern Irish health service" means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the 1977 Act,
prescribed" means prescribed by regulations made by the Secretary of State.") | 1975 c. 26. |
| |
Clause 19 | |
| 31 |
Page 22, line 28, leave out ("relating to") and insert ("which are the subject of") | |
| 32 |
Page 22, line 32, leave out from ("provision") to ("identifies") in line 34 and insert ("with respect to the disclosure of confidential information which relates to and") | |
| 33 |
Page 22, line 36, leave out ("document or information is made available or produced") and insert ("information is disclosed") | |
| 34 |
Page 22, line 38, leave out from second ("the") to end of line 39 and insert ("information being disclosed") | |
| 35 |
Page 22, line 44, leave out ("make available or produce the document or") and insert ("disclose the") | |
| 36 |
Page 23, line 5, leave out from second ("the") to ("without") in line 6 and insert ("information should be disclosed") | |
| 37 |
Page 23, line 8, leave out from ("provision") to ("prohibited") in line 10 and insert ("with respect to the disclosure of information if that disclosure would be") | |
| 38 |
Page 23, line 10, leave out ("a document or") | |
| 39 |
Page 23, line 12, leave out ("document or") | |
| 40 |
Page 23, line 14, leave out ("as to the inspection, copying or production of the document or") and insert ("with respect to the disclosure of the") | |
| 41 |
Page 23, leave out lines 29 and 30 | |
| |
Clause 20 | |
| 42 |
Page 23, line 41, leave out subsection (1) and insert--
("(1) A person who, without lawful authority, knowingly or recklessly discloses information which--
(a) falls within section 19(2), and
(b) has been obtained by the Commission in accordance with any condition mentioned in section 19(2),
is guilty of an offence if the disclosure is made during the lifetime of the individual to which the information relates.
(1A) A person who, without lawful authority, knowingly or recklessly discloses information which--
(a) relates to and identifies an individual,
(b) has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and
(c) does not fall within subsection (1),
is guilty of an offence if the disclosure is made during the lifetime of that individual.") | |
| 43 |
Page 24, line 1, leave out from ("person") to ("liable") in line 2 and insert ("guilty of an offence under this section is") | |
| 44 |
Page 24, line 9, leave out from ("form") to ("or") in line 10 and insert ("in which the individual to which the information relates is not identified") | |
| 45 |
Page 24, line 23, leave out ("or any person authorised to act on his behalf") | |
| 46 |
Page 24, line 33, leave out paragraph (g) and insert--
("(g) in a case where the information appears to the Commission to reveal--
(i) that the performance of a health professional in his capacity as such has or may have fallen substantially below that which is expected,
(ii) that a health professional has or may have been guilty of serious professional misconduct, or
(iii) that the fitness of a health professional to practise as such is or may be seriously impaired by reason of his physical or mental condition,
| |
| | and the person to whom the information is disclosed is a person to whom the Commission considers that it should be disclosed in order for appropriate action to be taken, or") | |
| 47 |
Page 24, line 36, leave out ("relates to a person who") and insert ("reveals that a person") | |
| 48 |
Page 24, line 40, at end insert--
("(5A) For the purposes of subsection (1A), information obtained by the Commission is to be regarded as identifying an individual if the individual can be identified--
(a) from that information, or
(b) from that information and from other information obtained by the Commission.
(5B) For the purposes of subsection (3)(a), information disclosed by a person is not to be regarded as being in a form in which an individual is not identified if the individual can be identified--
(a) from that information, or
(b) from that information and from other information disclosed--
(i) by the Commission, or
(ii) by any member or employee of the Commission.
(5C) Any reference in subsection (1), (1A), (5A) or (5B)(b)(i) to the Commission includes a reference to any person authorised by the Commission under section 19.") | |
| 49 |
Page 24, leave out line 42 | |
| |
Clause 22 | |
| 50 |
Leave out Clause 22 | |
| |
Clause 23 | |
| 51 |
Page 26, line 10, leave out subsection (2) | |
| |
Clause 25 | |
| 52 |
Page 27, line 39, leave out subsection (10) | |
| |
Clause 30 | |
| 53 |
Page 31, line 38, leave out ("(5)") and insert ("(4)") | |
| 54 |
Page 31, line 42, leave out (", in the opinion of the Secretary of State,") | |
| 55 |
Page 32, line 1, leave out from ("may") to end of line 2 and insert ("by a written notice given to the scheme member determine that the scheme is not to apply to him") | |
| 56 |
Page 32, line 3, leave out from beginning to ("has") and insert ("A notice under subsection (4) must give the Secretary of State's reasons for giving the notice; and the Secretary of State may not give a notice under that subsection until he") | |
| 57 |
Page 32, leave out lines 5 to 7 | |
| 58 |
Page 32, line 10, after ("may") insert ("after consultation with the industry body") | |
| |
Clause 31 | |
| 59 |
Page 32, line 32, leave out from ("limit") to third ("to") in line 33 | |
| |
Clause 32 | |
| 60 |
Page 33, line 10, leave out from ("scheme") to first ("to") in line 11 | |
| 61 |
Page 33, line 16, leave out from ("scheme") to third ("to") in line 17 | |
| |
Clause 34 | |
| 62 |
Page 34, leave out lines 22 and 23 and insert--
("(b) in subsection (5) of that section, the references to interested persons as references to any persons and the reference to any decision to take enforcement action as a reference to any enforcement decision.") | |
| |
Clause 35 | |
| 63 |
Page 35, line 5, leave out subsection (2) | |
| 64 |
Page 35, line 13, after ("limiting") insert ("by reference to the prices or profits which would be reasonable in all the circumstances--
| |
| 65 |
Page 35, line 13, after ("or") insert--
| |
| 66 |
Page 35, line 15, after ("supply") insert ("for the purposes of the health service") | |
| 67 |
Page 35, line 15, leave out from ("medicines") to end of line 16 | |
| 68 |
Page 35, leave out line 29 | |
| 69 |
Page 35, line 30, leave out from ("service"") to end of line 31 and insert ("means any of the health services within the meaning of the 1977 Act, the 1978 Act or the Health and Personal Social Services (Northern Ireland) Order 1972") | S.I. 1972/1265 (N.I. 14). |
| |
Clause 36 | |
| 70 |
Page 39, line 31, at end insert--
("(8) Subsection (4) of section 122A above applies for the purposes of this section as it applies for the purposes of that."") | |
| |
After Clause 39 | |
| 71 |
Insert the following new Clause-- | |
| | (".--(1) Section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) is amended as follows.
(2) In subsection (1), at the beginning of paragraph (e) there is inserted "where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients".
(3) Subsection (1A) is omitted.
(4) In subsection (1B)--
(a) for "such a case" there is substituted "a case within subsection (1)(e)",
(b) the words following "patients" are omitted.
(5) In subsection (1C), for paragraphs (a) and (b) there is substituted--
(a) where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and
(b) inform the person from whom the information was obtained that he has disclosed it".")
| Health Service Commissioners. |
| 72 |
Insert the following new Clause-- | |
| | ("Rectification of transitional arrangements | |
| | .--(1) The Secretary of State may by order make such provision as he considers appropriate in consequence of the matters mentioned in subsection (2) (the "relevant defects").
(2) Those matters are-- | Power to rectify transitional provisions etc. |
| | (a) the omission from Part III of Schedule 2 to the Health Authorities Act 1995 (Transitional Provisions) Order 1996 (which determined the relevant Health Authority in relation to any Family Health Services Authority in England whose locality comprised or formed part of the area of more than one Health Authority) of an entry for Bromley Family Health Services Authority,
(b) the inclusion in Part III or IV of Schedule 1 to that order (which determined the relevant Health Authority in relation to any Family Health Services Authority whose locality comprised or formed part of the area of only one Health Authority) of an entry for any Family Health Services Authority in England or Wales whose locality comprised or formed part of the area of more than one Health Authority (and an entry for which should accordingly have been included in Part III or IV of Schedule 2 to that order),
(c) the omission from column 2 of the entry for any Family Health Services Authority in Part III or IV of Schedule 2 to that order (which together with column 3 of that entry specified the relevant Health Authorities in relation to that Family Health Services Authority) of any Health Authority whose area or any part of whose area forms part of the locality of the Family Health Services Authority and which was not included in column 3 of that entry,
(i) the locality of a Family Health Services Authority and the area of a Health Authority overlap but do not coincide, and
(ii) the Family Health Services Authority had compiled a list of persons residing in its locality,
| |
| | the treatment, incorrectly, by a Health Authority of a person included in that list as residing, or as not residing, in their area. | |
| | (3) Provision that may be made under subsection (1) includes, in particular-- | S.I. 1996/709. |
| | (a) provision amending the Health Authorities Act 1995 (Transitional Provisions) Order 1996,
(b) provision transferring, or adding, the name of any Part II practitioner to any Part II list in which he is (or, at the material time, was) not included because of any of the relevant defects,
(c) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been done by or in relation to the proper authority or a person of that description identified by reference to the proper authority,
(d) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been so done in the exercise by them or him of functions on behalf of the proper authority or a person of that description identified by reference to the proper authority.
(4) Any provision made by an order under this section may be made with effect from any date after 31st March 1996 specified in the order.
(5) Provision contained in an order under this section by virtue of section 55(2) may include provision conferring functions on the Secretary of State.
(6) In subsection (3)(b)--
Part II practitioner" means a person who provides (or, at any time since 31st March 1996, has provided) general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made or treated as made (or which, but for any of the relevant defects, would have been made or treated as made) under Part II of the 1977 Act,
Part II list" means a list kept by a Health Authority under section 29(2)(a), 36(1)(a), 39(a) or 42(2)(a) of that Act (lists of persons providing general medical, general dental, general ophthalmic or pharmaceutical services).
(7) In subsection (3)(c) and (d), in relation to anything done by or in relation to a Health Authority or person identified by reference to a Health Authority--
acting authority" means the Health Authority by or in relation to whom the thing was done or person was identified because of any of the relevant defects,
proper authority" means the Health Authority by or in relation to whom the thing should have been done or by reference to whom the person should have been identified.") | S.I. 1996/709. |
