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

House of Lords

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Schedule 7

 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

161Page 88, line 34, leave out "regulatory body" and insert "of the regulatory bodies referred to in section 23(3)(a) to (h)(i), and three members appointed by the regulatory body referred to in section 23(h)(ii) or the successor regulatory body (within the meaning of Schedule 3 to the Health Act 1999 (c. 8)) to the Council for Professions Supplementary to Medicine (the Health Professions Council) established by order in Council under section 60 of that Act".
162Page 89, line 4, leave out "fewer" and insert "more"
 

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

163Page 89, line 23, at end insert—
    "(   )   The power to make regulations in this paragraph shall be exercisable by statutory instrument, a draft of which shall be laid before and approved by a resolution of both Houses of Parliament."
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

164Page 90, line 8, leave out paragraph (a)
 

Clause 24

 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

164APage 30, line 16, leave out "Council" and insert "health joint select committee"
164BPage 30, line 19, leave out "Council" and insert "health joint select committee"
 

THE EARL HOWE
THE BARONESS NOAKES

165Page 30, line 26, leave out paragraph (c)
 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

165APage 30, line 28, leave out "Council" and insert "health joint select committee"
165BPage 30, line 35, leave out "Council" and insert "health joint select committee"
165CPage 30, line 38, leave out "Council" and insert "health joint select committee"
165DPage 31, line 1, leave out "Council" and insert "health joint select committee"
165EPage 31, line 18, leave out "Council" and insert "health joint select committee"
165FPage 31, line 20, leave out "Council" and insert "health joint select committee"
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

166Page 31, line 20, after "must" insert "consult with the profession and"
 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

167Page 31, line 21, leave out subsection (9)
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

168Page 31, leave out lines 29 to 31
 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

169Page 31, line 32, leave out subsection (10)
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

170Page 31, line 41, leave out from second "profession" to "which" in line 42
171Page 31, line 42, leave out "(wholly or partly)"
 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

172Page 31, line 45, after "functions" insert "take all reasonable steps to"
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS NORTHOVER
THE BARONESS FINLAY OF LLANDAFF

173Page 32, line 1, leave out subsections (2) to (8)
 

THE LORD HUNT OF KINGS HEATH

174Page 32, line 2, leave out "direct" and insert "give directions requiring"
175Page 32, line 5, leave out "so direct" and insert "give such directions"
176Page 32, line 7, at end insert—
"(3A)  The Council must send a copy of any such directions to the relevant authority.
(3B)  The relevant authority is the Secretary of State or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.
(3C)  The directions do not come into force until the date specified in an order made by the relevant authority.
(3D)  The Secretary of State must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—
(a)  setting out any directions he or it receives pursuant to subsection (3A), and
(b)  specifying the date on which the directions are to come into force.
(3E)  Subsections (3A) to (3D) apply also to—
(a)  directions varying earlier directions, and
(b)  directions revoking earlier directions, and given after—
(i)  both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)
(ii)  the Northern Ireland Assembly has done so.
(3F)  Subsections (3A) and (3B) apply also to directions—
(a)  revoking earlier directions, but
(b)  which do not fall within subsection (3E)(b),
  but subsections (3C) and (3D) do not apply to such directions.
(3G)  If the Council gives directions which fall within subsection (3F), the earlier directions which those directions revoke shall be treated as if subsections (3C) and (3D) had never applied to them, and as never in force."
177Page 32, line 8, at end insert "which have come into force and have not been revoked"
178Page 32, line 14, leave out "directions given" and insert "the giving of directions"
179Page 32, line 16, leave out "it directions" and insert "directions relating to it"
 

THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES

179A*Page 32, line 19, at end insert—
"(9)  Cases brought against clinicians will continue to be heard using the criminal burden of proof."
 

Clause 26

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

180Page 32, line 25, leave out paragraph (a)
181Page 32, line 26, leave out "must (or need not)" and insert "may"
182Page 32, line 28, leave out paragraph (c)
183Page 32, line 29, leave out paragraph (d)
184Page 32, line 30, leave out paragraph (e)
 

THE EARL HOWE
THE BARONESS NOAKES

185Page 32, line 34, leave out paragraph (g)
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

186Page 32, line 37, leave out paragraph (i)
187Page 33, line 5, at end insert—
"(   )  The power to make regulations in this paragraph shall be exercisable by statutory instrument, a draft of which shall be laid before and approved by a resolution of both Houses of Parliament."
188Page 33, line 5, at end insert—
"(   )  The Council may adopt such procedures as it thinks fit to investigate complaints."
 

Clause 36

 

THE LORD HUNT OF KINGS HEATH

189Page 43, line 28, at end insert "or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 25, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))"
190Page 43, line 31, after "section" insert "25,"
191Page 43, line 34, after "34" insert ", or an order of the Secretary of State under section 25,"
192Page 43, line 35, at end insert—
"(   )  No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 25 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly."
193Page 44, line 15, at end insert—
"(6A)  Subsections (4) to (6) do not apply to orders under section 25."
194Page 44, line 16, at beginning insert "Subject to subsection (6A),"

 
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©Parliamentary copyright 2002
15 March 2002