National Health Service Reform and Health Care Professions Bill
REVISED
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 27th February 2002, as follows—
Clause 6
Schedules 4 and 5
Clause 9
Clause 22
Clauses 10 to 19
Schedule 6 | Clauses 20 and 21
Clause 23
Schedule 7
Clauses 24 to 35
Schedules 8 and 9
Clauses 36 to 40 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM |
| 76 | Page 7, line 17, after "is" insert "issued," |
| 77 | Page 7, leave out lines 35 and 36 |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY |
| 78 | Page 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 |
| 79 | Page 11, line 16, at end insert "; and |
| (c) | any deficit inherited from a predecessor body," |
| 80 | Page 11, leave out lines 17 and 18 |
| 81 | Page 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 |
| 82 | Page 11, leave out lines 28 and 29 |
| 83 | Page 12, line 18, at end insert "be distributed equitably and" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM |
| 84 | Page 28, line 30, at end insert ", and indicate which authority is to take the lead in the formulation of such strategies" |
| 85 | Page 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." |
| | THE BARONESS NOAKES
THE EARL HOWE |
| 86 | Insert 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)— |
| (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 |
| 87 | Insert the following new Clause— |
| | 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 |
| 88 | Insert 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)"." |
| | THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM |
| 90 | Page 15, line 40, leave out from beginning to end of line 5 on page 16 |
| 91 | Page 16, line 33, leave out "in such a manner as it thinks appropriate" and insert "equitably" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| 92 | Insert the following new Clause— |
| (1) | If in any year the Department of Health has directors of health and social care who have regional responsibilities or if it has regional offices, regional directors or any other regional structure, the Secretary of State shall lay before both Houses of Parliament each year a report containing the matters set out in subsection (2). |
| (2) | The report shall contain— |
| (a) | the names and qualifications of the relevant directors; |
| (b) | the geographic regions covered by the relevant directors; |
| (c) | a description of the functions, responsibilities and accountabilities of the relevant directors; |
| (d) | the number of staff reporting to the relevant directors and details of the functions of those staff; |
| (e) | details of the premises occupied by the relevant directors and their staff; |
| (f) | the total cost of the work of the relevant directors and their staff; |
| (g) | a description of the relationship between the relevant directors and the National Health Service trusts, Primary Care Trusts and Strategic Health Authorities within their regions; |
| (h) | a description of the relationship between the relevant directors and the Secretary of State; |
| (i) | a description of the targets or objectives which have been set for the relevant directors and their staff for the year which is covered by the report; |
| (j) | a description of the manner in which the relevant directors and their staff have conducted their functions during the year, including whether they have met the targets and objectives set for them; and |
| (k) | a description of the targets or objectives which have been set for the relevant directors and their staff for the following year. |
| (3) | In this section "relevant director" means a person who is designated a director of health and social care with regional responsibilities or a person who is in charge of a region, regional office or other part of a regional structure of the Department of Health." |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 93 | Page 17, line 29, after "quality)" insert— |
| "( ) | in subsection (1), after "of" there is inserted "the Department of Health"; and" |
| 94 | Page 17, line 31, at end insert "including the provision of accessible information for patients, and monitoring the provisions of health and safety legislation and infection control measures" |
| | THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER |
| 95 | Insert the following new Clause— |
| | The Secretary of State shall by regulations extend the functions of the Commission for Health Improvement set out in section 20 of the 1999 Act (functions of the commission) to any independent hospital as defined by section 2 of the Care Standards Act 2000 (c. 14) (independent hospitals etc.)." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 96 | Page 18, line 11, at end insert— |
| "( ) | In subsection (2), at the end of paragraph (b) there is inserted "including co-ordinating visits to general practitioners, Primary Care Trusts or to NHS trusts with other bodies carrying out monitoring or inspections of those premises"." |
| | THE BARONESS NORTHOVER
THE LORD CLEMENT-JONES |
| 97 | Page 18, line 12, after "(2)", insert— |
| "(a) | paragraphs (a) and (b) are omitted, and" |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 98 | Page 18, line 15, leave out subsection (5) |
| | THE BARONESS FINLAY OF LLANDAFF |
| 98A* | Page 18, line 17, at end insert— |
| "(6) | The Commission for Health Improvement shall present annually its report to the health joint select committee." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER |
| 99 | Insert the following new Clause— |
| | "Public health functions of the Commission for Health Improvement |
| | The Commission for Health Improvement shall have such further functions as may be prescribed relating to the management, co-ordination, provision or quality of public health services for which prescribed NHS bodies, service providers, local authorities or other bodies have responsibility." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 100 | Insert the following new Clause— |
| | It shall be the duty of the Secretary of State in carrying out his functions under the 1977 Act to ensure that so far as it is reasonable for him to do so, persons who receive services under the 1977 Act are given a choice as to the time, manner and location of those services." |
| 101 | Insert the following new Clause— |
| (1) | It shall be the duty of the Secretary of State to achieve the following targets for patients— |
| (a) | no patient should wait more than 48 hours for an appointment to see a general practitioner, |
| (b) | no patient should wait longer than thirteen weeks from the time of referral from a general practitioner for a first appointment to be seen as an out-patient, |
| (c) | no patient should wait longer than six months from the time that he is first seen as an out-patient for the procedure or other treatment decided upon, |
| (d) | no patient should wait longer than one hour after arrival at an accident and emergency unit or similar unit before being seen by a doctor or a qualified nurse practitioner, and |
| (e) | no patient should wait longer than four hours for admittance to a hospital from an accident and emergency or similar unit after a decision has been made that he should be admitted to a hospital. |
| (2) | The Secretary of State may by order define how the targets set out in subsection (1) are to be measured. |
| (3) | The Secretary of State may by order add to the targets set out in subsection (1) or alter those targets so that shorter times are specified. |
| (4) | The Secretary of State may by order set targets for shorter times than set out in subsection (1) for defined categories of patients or services. |
| (5) | An order made under subsections (3) and (4) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament." |
| 102 | Insert the following new Clause— |
| | "Compensation for target breach |
| (1) | The Secretary of State shall set up arrangements to ensure that patients are paid compensation for any target breach as defined in subsection (5) below. |
| (2) | The Secretary of State shall by order prescribe the amount of compensation due in respect of any target breach. |
| (3) | Where the Secretary of State by order specifies additional targets under subsection (3) of section (Targets for patients), he shall also specify in the order the amounts to be paid as compensation for target breach. |
| (4) | An order made under subsection (2) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. |
| (5) | A target breach for the purposes of this section occurs where a patient has waited longer than the times set out in— |
| (a) | subsection (1) of section (Targets for patients) or such shorter times as have been specified by order for the targets referred to in that subsection, or |
| (b) | any order made in respect of additional targets made by order under subsection (3) of that section. |
| (6) | This section shall take effect from 1st April 2004, except for the targets set out in subsection (1)(b) and (c) of section (Targets for patients) which shall take effect from 1st April 2003." |
| 103 | Insert the following new Clause— |
| (1) | The Secretary of State may delegate his duties under section (Targets for patients) to Strategic Health Authorities, Primary Care Trusts or to NHS trusts. |
| (2) | If the Secretary of State has delegated his duties in accordance with subsection (1), he may also require the body to which he has delegated his duties to set up arrangements so that compensation for target breach is paid in line with that set out in section (Compensation for target breach)." |
| 104 | Insert the following new Clause— |
| | In sections (Targets for patients) and (Compensation for target breach) "patient" means a person who receives or should receive services under the 1977 Act." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS NORTHOVER |
| 104A | Insert the following new Clause— |
| | "Commission for Health Improvement: independence |
| (1) | In section 20 of the 1999 Act (function of the Commission for Health Improvement) subsections (3) and (4) are omitted. |
| (2) | Schedule 2(1) to the 1999 Act is amended as follows— |
| (a) | in paragraph 2 (general powers) the words "Subject to any direction given by the Secretary of State" are omitted, |
| (b) | in paragraph 4(a) and (c) (membership) for "Secretary of State" there is substituted "NHS Appointments Commission", |
| (c) | in paragraph 6(1) and (2) (remuneration and allowance) for the words "the Secretary of State" there is substituted "it", |
| (d) | in paragraph 6, sub-paragraphs (3) and (4) are omitted, |
| (e) | in paragraph 10(1) (payment and loans to Commission)— |
| (i) | for "may" there is substituted "shall", and |
| (ii) | for "he considers appropriate" there is substituted "are agreed with the Commission", |
| (f) | in paragraph 10, sub-paragraphs (7), (8) and (9) are omitted." |
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