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 42
73	Page 47, line 12, after ("functions") insert ("-- (a)")
74	Page 47, line 14, at end insert (";or (b) relating to pilot schemes under Part I of the National Health Service (Primary Care) Act 1997; or (c) relating to arangements under section 17C for the provision of personal medical sevices and personal dental services.".")
	After Clause 44
75	Insert the following new Clause--
	(". After section 12C of the 1978 Act there is inserted--		Transfer of staff among health service bodies.
	Transfer of staff among health service bodies.	12CA.--(1) This section applies to any person who is-- (a) employed by a health service body (the transferor authority) and is transferred to another health service body (the transferee authority) because a function of the transferor authority is transferred to the transferee authority; and (b) designated for the purposes of this section by a scheme made by the transferor authority. (2) A scheme under this section shall not have effect unless approved by the Secretary of State. (3) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the transferee authority. (4) Without prejudice to subsection (3)-- (a) all the transferor authority's rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the transferee authority on the transfer date; and (b) anything done before the transfer date by or in relation to the transferor authority in respect of that contract shall be deemed from that date to have been done by or in relation to the transferee authority. (5) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section. (6) A scheme under this section may designate a person either individually or as a member of a class or description of employees. (7) In this section-- a "health service body" is a body mentioned in section 17A(2); and the "transfer date" is the date on which the function is transferred from the transferor authority to the transferee authority."")
	Clause 45
76	Page 47, line 36, after ("trust") insert ("and of the Agency")
	Clause 51
77	Page 54, leave out lines 45 to 50 and insert-- ("(a) shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and (b) may consult such other persons as he considers appropriate.")
78	Page 55, line 8, leave out ("revised") and insert ("varied")
79	Page 56, line 26, leave out ("revocation or revision") and insert ("or revocation")
80	Page 56, line 41, leave out subsection (4)
	After Clause 54
81	Insert the following new Clause--
	(".--(1) Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order. (2) This subsection applies to any functions under the 1977 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Secretary of State or any Health Authority or Primary Care Trust. (3) Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order. (4) This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act. (5) In this section-- English border area" means the area of any Health Authority adjacent to Scotland, Scottish border area" means the area of any Health Board adjacent to England.")		English and Scottish border provisions.
	Clause 55
82	Page 65, leave out lines 10 to 14 and insert-- ("(1A) Directions under section 18 or 25 or Schedule 2, or by virtue of section 35(1)(b), are to be given by an instrument in writing. (1B) Any such directions may be varied or revoked by subsequent directions under, or by virtue of, the same provision. (2) Subsections (4) and (5) of section 126 of the 1977 Act (supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations, or to give directions mentioned in subsection (1A), as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section")
83	Page 65, line 15, leave out ("subsection (2)") and insert ("subsection (4) of that section")
84	Page 65, line 16, after (" 28") insert ("or an Order in Council under section (English and Scottish border provisions)")
85	Page 65, line 37, at end insert-- ("( ) No recommendation is to be made to Her Majesty to make an Order in Council under section (English and Scottish border provisions) unless a draft-- (a) has been laid before, and approved by resolution of, each House of Parliament, and (b) has been laid before, and approved by resolution of, the Scottish Parliament.")
	Clause 57
86	Page 66, line 9, at end insert-- ("( ) NHS trust" has the same meaning-- (a) in Part I of this Act as in the 1977 Act, (b) in Part II of this Act as in the 1978 Act.")
	Clause 59
87	Page 66, line 16, at end insert ("but this subsection does not apply to section (Arrangements with Ministers)")
88	Page 66, line 17, leave out from beginning to end of line 39 and insert-- ("(2) The power of a Minister of the Crown under section 60 to appoint a day for any of the following provisions to come into force in relation to Wales-- (a) sections 1 to 5, (Delegation of Health Authority functions relating to pilot schemes and section 28C arrangements), 6, 7, 9, (Local representative committees), 10 to 16 and Schedule 1, (b) sections 23 to 29, (c) section 58(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 13, 20 to 23, 24(a), 25 to 32, 34, 35 (except sub-paragraph (2)(b) and (d)), 36, 37, 67, 68, 70, 71, 72(b), 73 to 75A, 76 (except sub-paragraph (2)(b)), paragraphs 78, 79, 80 (except sub-paragraph (2)(a)) and 82 to 85, is exercisable instead by the National Assembly for Wales.
	(3) In Schedule 5 to the Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted-- 12A. The Commission for Health Improvement".		1998 c. 38.
	(4) The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions). (5) In Schedule 1-- (a) in the entry for the 1977 Act, after paragraph (c) there is inserted-- (cc) section 43C; (ccc) sections 46 to 49E", (b) at the end of the entry for the 1990 Act, there is inserted-- The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 15 of the Health Act 1999. The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect",		S.I. 1999/672.
	(c) after the entry for the National Minimum Wage Act 1998 there is inserted-- In the Health Act 1999-- (a) Part I and Schedule 4, except sections 18(1), (Arrangements with Ministers) and 30 to 35 and Schedule 2 (other than paragraph 2); (b) section 56, so far as it relates to any of the provisions which, by virtue of section 59(2), may be brought into force by the Assembly".		1998 c. 39.
	(6) In Schedule 2, after the entry for the Audit Commission Act 1998, there is inserted--		1998 c. 18.
	Health Act 1999
	The functions of the Secretary of State under section 18(1) shall be exercisable only with the agreement of the Assembly. The functions of the Secretary of State under paragraphs 4 to 7 of Schedule 2 shall be exercisable only after consultation with the Assembly".")
	Clause 60
89	Page 67, line 5, leave out ("accordingly comes into force") and insert ("comes into force on 1st July 1999 or, if later")
90	Page 67, line 6, at end insert-- ("( ) Subsection (1) does not apply to section 59, of which-- (a) subsections (1) and (3) to (6) come into force on the day on which this Act is passed, (b) subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.")
	Clause 61
91	Page 67, line 15, leave out ("Section 21 extends") and insert ("Sections (Arrangements with Ministers) and 21 extend")
92	Page 67, line 16, at end insert ("and Northern Ireland")
93	Page 67, line 16, at end insert-- ("( ) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.")
	Clause 62
94	Page 67, line 18, leave out subsection (2)
	Schedule 1
95	Page 68, line 34, leave out ("any such") and insert ("the")
96	Page 68, line 35, leave out ("Primary Care Trust") and insert ("authority")
97	Page 70, line 46, leave out from beginning to end of line 7 on page 71 and insert-- ("13.--(1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Primary Care Trust of any function exercisable by it by virtue of section 16B or 17A above are enforceable by or (as the case may be) against that trust (and no other health service body). (2) This paragraph does not apply in relation to the joint exercise of any functions by a Primary Care Trust with another body under section 16B(2)(c) above.")
	Schedule 2
98	Page 78, line 1, leave out paragraph 20
	Schedule 3
99	Page 79, line 34, leave out from second ("Parliament") to end of line 35 and insert-- ("(a) the Secretary of State's duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and (b) sub-paragraph (4) shall apply instead of sub-paragraph (2). (4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.")



© Parliamentary copyright 1999	Prepared 16 June 1999