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Amendments to the Health Bill

Health Bill


FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 14th March 2006, as follows—

Clauses 8 and 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 55
Schedule 3
Clause 56
Schedule 4
Clause 57
Schedule 5
Clauses 58 and 59
Schedule 6
Clauses 60 to 68
Schedule 7
Clauses 69 to 79
Schedules 8 and 9
Clauses 80 to 83

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 8

 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
 

Schedule 1

 

THE EARL HOWE

44Page 65, line 29, at end insert—
 

"Procedure when serving a penalty notice

      An authorised officer of an enforcement authority must, when giving a penalty notice to a person, make clear to him the consequences of making a false or misleading statement, as set out in section 11(3)."
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
 

Clause 10

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

45Page 7, line 3, leave out subsection (1) and insert—
"(   )  For the purposes of this Chapter, "enforcement authority" means the local authority for the area in which it has responsibilities."
 

THE EARL HOWE

46Page 7, line 3, after "authority" insert ", having consulted such persons as it considers appropriate,"
47Page 7, line 15, leave out subsection (4)
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Schedule 2

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

48Page 67, line 30, leave out paragraphs (c) and (d)
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill.
 

Clause 11

 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

After Clause 12

 

THE LORD FAULKNER OF WORCESTER

49Insert the following new Clause—
  "Application to the Crown and Parliament
(1)  This Chapter (and any provision made under it) binds the Crown.
(2)  This Chapter applies to an act done by or for the purposes of the House of Lords and the House of Commons as it applies to an act done by a private person.
(3)  Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted under this Chapter against the House of Lords or the House of Commons."
 

Before Clause 13

 

THE LORD PALMER

50Insert the following new Clause—
  "Sale of tobacco products
(1)  It shall be an offence for any person carrying on a retail business to sell tobacco products to any person.
(2)  Any person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)  In this section "tobacco products" means—
(a)  cigarettes,
(b)  cigars,
(c)  hand-rolling tobacco, and
(d)  other smoking tobacco and chewing tobacco."
 

Clause 13

 

THE EARL HOWE
THE LORD MONSON

51Page 9, line 1, at end insert "or higher than 18"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE LORD PENDRY

 The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

52Page 9, line 16, at end insert "; and
    (   )  non-NHS providers of health care"
 

THE LORD WARNER

52APage 9, line 27, at end insert "or of being made susceptible, or more susceptible, to them"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

53Page 9, line 31, at end insert—
    "(   )  The code must establish procedures for the systematic recording and reporting of all incidences of health care associated infections acquired in hospital."
 

THE EARL HOWE

54Page 9, line 31, at end insert—
    "(   )  In subsection (4) "health care" includes the management of health care."
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

55Page 9, line 37, at end insert—
    "(   )  The code shall require the mandatory reporting of all occurrences of health care associated infections, including details of where the occurrence was first noted and where the likely source of the infection is deemed to be."
 

THE EARL HOWE

56Page 10, line 1, leave out "to which an individual may be exposed" and insert "by organisms liable to infect an individual"
 

THE LORD WARNER

56APage 10, line 2, after "exposed" insert "or made susceptible (or more susceptible)"
56BPage 10, line 5, after "infection" insert ", or of susceptibility or increased susceptibility to it,"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

57Page 10, line 16, at end insert "which must include the Healthcare Commission"
58Page 10, line 16, at end insert ", and
    (   )  furnish additional guidance on best practice"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 16

 

THE EARL HOWE

59Page 12, line 32, leave out "such period as is" and insert "a reasonable period, such period to be"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

60Page 12, line 32, at end insert ", and
    (   )  specify what sanctions will be applied if the healthcare body fails to comply with the improvement notice"
 

THE EARL HOWE

61Page 12, line 33, leave out "(but need not)"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

62Page 12, line 45, at end insert—
    "(   )  When the Secretary of State is notified of a failure in connection with the code under section 47A, he shall be responsible for the provision of resources necessary for the failing body to comply with the terms of the improvement notice."
 

THE EARL HOWE

63Page 14, line 36, at end insert—
    "(   )  Where the CHAI (being of the view that the relevant provisions of the code are being observed in relation to the provision of healthcare by or for the body) makes a report in accordance with subsection (6), it must, at such intervals as it may consider appropriate, continue to monitor the body in relation to those matters in respect of which the improvement notice was originally served."
 

Clause 17

 

THE EARL HOWE

64Page 15, line 14, after "known" insert "for the purposes of this Chapter"
65Page 16, line 14, at end insert—
"(   )  recording and, where appropriate, investigating any case in which an individual has prescribed a controlled drug for his own use, or use by a member of his family;"
 

THE LORD WARNER

66Page 16, line 35, leave out "a person" and insert "an individual"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill.
 

Clause 18

 

THE LORD WARNER

67Page 17, line 7, leave out "individuals" and insert "persons (see section (Meaning of "relevant person" in section 18))"
 

THE EARL HOWE

68Page 17, line 47, at end insert—
"(   )  for measures designed to safeguard the confidentiality of patients in appropriate cases"
 

THE LORD WARNER

69Page 18, line 22, leave out paragraph (d)
 

After Clause 18

 

THE LORD WARNER

70Insert the following new Clause—
  "Meaning of "relevant person" in section 18
(1)  In section 18 "relevant person" means—
(a)  a person prescribed as a relevant person for the purposes of that section, or
(b)  an individual to whom subsection (3) applies.
(2)  The descriptions of persons that may be prescribed for the purposes of section 18 are descriptions of persons appearing to the relevant authority to be carrying on, or engaged in, activities that involve, or may involve, the supply or administration of controlled drugs.
(3)  This subsection applies to an individual who, whether as—
(a)  a health care professional, or
(b)  an employee who is not a health care professional, or
(c)  otherwise,
  is engaged in any activity carried on by a designated body, or by a body or person acting on behalf of, or providing services under arrangements made with, a designated body that involves, or may involve, the management or use of controlled drugs.
(4)  In this section "prescribed" means prescribed by regulations under section 18."
 

Clause 19

 

THE EARL HOWE
THE BARONESS BARKER

71Page 19, line 4, at end insert—
"(   )  a person authorised by the Pharmaceutical Society,"
 

THE LORD WARNER

72Page 19, line 11, after "body" insert "specified, or"
 

THE EARL HOWE
THE BARONESS BARKER

73Page 19, line 23, at end insert—
"(   )  Notwithstanding subsections (1) to (7), no person other than a constable or a person authorised by the Pharmaceutical Society may enter any premises (or any parts thereof) being used as a private dwelling."

 
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©Parliamentary copyright 2006
12 May 2006