National Health Service Reform and Health Care Professions Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 2

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

36Page 3, line 5, leave out "It is" and insert "From 1st April 2003, it shall be"
 

THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

37Page 3, line 16, leave out "Strategic" and insert "Regional"
38Page 3, line 22, leave out "Strategic" and insert "Regional"
39Page 3, line 26, leave out "Strategic" and insert "Regional"
40Page 3, line 29, leave out "Strategic" and insert "Regional"
 

After Clause 2

 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

41Insert the following new Clause—
  "Duty of Primary Care Trusts regarding teaching and research
  Primary Care Trusts shall have a duty to foster and safeguard teaching and research."
 

THE EARL HOWE
THE BARONESS NOAKES

42*Insert the following new Clause—
  "Duty of Strategic Health Authorities: public health
  Strategic Health Authorities shall have in place systems of surveillance to—
(a)  monitor changes in the health of members of the public within the area of the Strategic Health Authority; and
(b)  identify trends arising from the activities of the Primary Care Trusts within the area of the Authority."
 

THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

43*Insert the following new Clause—
  "Duty of Primary Care Trusts: public health
  Primary Care Trusts shall have a duty to—
(a)  improve the health of members of the public within the area of the Primary Care Trust, and
(b)  reduce health inequalities within the population of the area."
 

Clause 3

 

THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

44Page 3, line 42, leave out "Strategic" and insert "Regional"
45Page 3, line 43, after "theirs" insert "except for public health services"
46Page 4, line 1, leave out "Strategic" and insert "Regional"
47Page 4, line 2, leave out "Strategic" and insert "Regional"
48Page 4, line 5, leave out "Strategic" and insert "Regional"
49Page 4, line 13, after "functions" insert "except for public health services"
50Page 4, line 14, leave out "Strategic" and insert "Regional"
51Page 4, line 17, after "functions" insert "except public health services"
 

After Clause 3

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

52Insert the following new Clause—
  "Readiness of Primary Care Groups and Trusts
(1)  The Commission for Health Improvement shall investigate the preparedness of—
(a)  Primary Care Groups to become Primary Care Trusts; and
(b)  Primary Care Trusts to receive functions in accordance with this Act.
(2)  If after conducting an investigation it appears to the Commission that—
(a)  a Primary Care Group is not ready to become a Primary Care Trust; or
(b)  a Primary Care Trust is not ready to receive functions in accordance with this Act,
  the Commission shall make a special report to the Secretary of State.
(3)  The Secretary of State shall lay before Parliament any report made to him under subsection (2).
(4)  If the Secretary of State makes a special report in accordance with subsection (2)(a), no action shall be taken by the Secretary of State pursuant to section 16A(1) or (1A) of the 1977 Act for a period of one year from the date of laying the report.
(5)  If the Secretary of State makes a special report in accordance with subsection (2)(b), no functions shall be transferred or distributed to the Primary Care Trust referred to in the report for a period of one year from the date of laying the report."
 

THE EARL HOWE
THE BARONESS NOAKES

53Insert the following new Clause—
  "Provision of specialist services
(1)  The Secretary of State may not make directions to a Primary Care Trust as to his functions under section 13 of the 1977 Act unless he has made arrangements for the provision of specialist services.
(2)  The Secretary of State must consult health professionals who have an interest in the provision of specialist services before making the arrangements referred to in subsection (1) above.
(3)  Specialist services for the purposes of this section are those services which are not provided within the territory covered by the Primary Care Trust."
 

Clause 5

 

THE LORD REA
THE LORD CLEMENT-JONES

54Page 5, line 1, leave out "may" and insert "shall"
55Page 5, line 14, at end insert—
"(   )  In subsection (A1), after "A Health Authority," for "may" there is substituted "shall"."
56Page 5, line 16, leave out "may" and insert "shall"
57Page 5, line 29, at end insert—
"(   )  In subsection (B1), after "A Health Authority" for "may" there is substituted "shall"."
58Page 5, line 38, leave out "may" and insert "shall"
 

THE LORD HUNT OF KINGS HEATH

59Page 6, line 7, after "services" insert "in the area of the Primary Care Trust"
 

THE LORD REA
THE LORD CLEMENT-JONES

60Page 6, line 22, at end insert—
"(c)  Strategic Health Authorities, in the exercise of such of their functions which are not delegated to Primary Care Trusts, to consult committees recognised under section 44(ZA1)(a), (b) and (c) or (A2)(a), (b) and (c) above by Primary Care Trusts for the area or areas where the services described in section 44(ZA1)(a), (b) and (c) or (A2)(a), (b) and (c) are provided (or to be provided) under the arrangements,"
 

After Clause 5

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER

61Insert the following new Clause—
  "The Health Inspectorate
(1)  There shall be a body corporate known as the Health Inspectorate, which shall take effect from 1st April 2004.
(2)  The Health Inspectorate shall assume at that date the functions undertaken prior to that date by—
(a)  The Commission for Health Improvement, and
(b)  The National Care Standards Commission,
(3)  The Secretary of State may by order make such amendments of the legislation relating to the health service in England and Wales as in his opinion facilitate, or are otherwise desirable in connection with, subsections (1) and (2)."
 

Clause 7

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

62Page 9, line 11, leave out subsection (3) and insert—
"(3)  Subsection (3C) is omitted."
 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

63Page 9, line 35, at end insert—
    "(   )  In determining the amount to be allotted for any year to a Primary Care Trust under subsection (1)(b), the Secretary of State shall consult with health professionals, local authorities and other interested parties as to the health needs of the population served by that Trust."
64Page 9, line 35, at end insert—
    "(   )  From 1st April 2004 the total amounts paid to Primary Care Trusts in any financial year under subsection (1) above shall be not less than 75 per cent of the total monies available to the Secretary of State for distribution to all NHS bodies for that year."
65Page 9, line 38, leave out ", in whatever way he thinks appropriate"
66Page 10, line 2, at end insert "; and
(c)  any deficit inherited from a predecessor body,"
67Page 10, leave out lines 3 and 4
68Page 10, line 4, at end insert—
    "(   )  In determining the amount to be allotted to a Primary Care Trust, the Secretary of State shall have regard to the health needs of the population served by the Trust."
69Page 10, line 7, leave out "may" and insert "must"
70Page 10, line 8, leave out "it appears to him that"
71Page 10, leave out lines 14 and 15
72Page 10, line 15, at end insert—
    "(   )  A Primary Care Trust will be treated as having satisfied objectives or performed well against criteria if the Commission for Health Improvement has reported to that effect to the Secretary of State."
73Page 10, line 26, at end insert ", having regard to the health needs of the population served by that Trust"
74Page 10, leave out line 42
75Page 10, line 47, after "such" insert "reasonable"
 

Clause 6

 

THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM

76Page 7, line 17, after "is" insert "issued,"
77Page 7, leave out lines 35 and 36
 

Clause 9

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY

78Page 11, line 13, leave out ", in whatever way the Assembly thinks appropriate"
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD ROBERTS OF CONWY

79Page 11, line 16, at end insert "; and
(c)  any deficit inherited from a predecessor body,"
80Page 11, leave out lines 17 and 18
81Page 11, line 18, at end insert—
    "(   )  In determining the amount to be allotted to a Local Health Board, the National Assembly for Wales shall have regard to the health needs of the population served by that Board."
 

THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM

82Page 11, leave out lines 28 and 29
83Page 12, line 18, at end insert "be distributed equitably and"
 

Clause 22

 

THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM

84Page 28, line 30, at end insert ", and indicate which authority is to take the lead in the formulation of such strategies"
 

THE LORD CLEMENT-JONES

85Page 28, line 46, at end insert—
"(   )  the imposition of a duty on the responsible bodies to include steps to improve the eye health of, and the provision of eye care to, the public in the area."
 

After Clause 22

 

THE BARONESS NOAKES
THE EARL HOWE

86Insert the following new Clause—
  "Report on bodies accountable to the Secretary of State
(1)  The Secretary of State shall prepare each year in relation to the bodies set out in subsection (2) a report dealing with the matters set out in subsection (3) and shall lay a copy before both Houses of Parliament.
(2)  The bodies referred to in subsection (1) are any body—
(a)  over which the Secretary of State has powers of appointment;
(b)  for which he provides the majority of its funding;
(c)  which he may direct as to the conduct of its business,
  but shall not include Health Authorities, NHS trusts or Primary Care Trusts.
(3)  The report shall contain in relation to each of the bodies referred to in subsection (2)—
(a)  its name;
(b)  the nature of the Secretary of State's relationship with the body;
(c)  details of the exercise of any of the Secretary of State's powers during the previous year;
(d)  the amounts provided to the body;
(e)  how the annual report and accounts of the body may be obtained; and
(f)  the Secretary of State's opinion as to the continued need for the body or, if he is of the opinion that the body is no longer needed, how he plans to proceed."
 

THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES

87Insert the following new Clause—
  "Eye health promotion
  In section 28 of the Health and Social Care Act 2001 (c. 15) (pilot schemes), after subsection (2) there is inserted—
    "(   )  Any plan prepared under this section must include a strategy for improving the eye health of the people for which the Authority is responsible and improving the provision of eye care services to such people.""
 

THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD

88Insert the following new Clause—
  "NHS registered medical practitioners
  In respect of registration of persons proposing to practise in the National Health Service, section 19(3)(a) of the Medical Act 1983 (c. 54) (full registration of persons by virtue of recognised overseas qualifications) shall apply as though the words "other than the United Kingdom" are omitted."
89*Insert the following new Clause—
  "NHS registered medical practitioners: list of qualifications
  After section 19(4) of the Medical Act 1983 (c. 54) (full registration of persons by virtue of recognised overseas qualifications) there is inserted—
    "(5)  The General Council shall at all times maintain a list of qualifications granted outside the United Kingdom which are deemed to meet its requirements for the purposes of subsection (2)"."

 
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©Parliamentary copyright 2002
13 March 2002