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Amendments to the Health Bill

Health Bill


FIFTH
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 16 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 16

 

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 falling within any description of persons prescribed as relevant persons 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."
 

Clause 25

 

THE BARONESS MURPHY

74Page 22, line 12, after "done," insert "but may not provide for or authorise the absence of any pharmacist from the place,"
75Page 22, line 26, after "premises," insert "but may not provide for or authorise the absence of any pharmacist from the premises,"
 

Clause 29

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

76Page 25, line 24, leave out from "time" to end of line 26
 

THE EARL HOWE
THE BARONESS MURPHY

77Page 25, line 26, at end insert—
    "(   )  The circumstances mentioned in subsection (2) shall be confined to circumstances of an exceptional nature, including, in particular, an emergency."
78Page 25, line 28, after "procedures" insert "(including explicit lines of accountability)"
 

THE EARL HOWE

78A*Page 26, leave out lines 1 and 2
 

THE EARL HOWE
THE BARONESS MURPHY

79Page 26, line 3, at end insert—
    "(   )  the conditions under which an absence under paragraph (b) may reasonably occur,"
80Page 26, line 3, at end insert—
    "(   )  the activities which the responsible pharmacist must personally supervise whilst present on the premises,"
81Page 26, leave out lines 6 to 8
82Page 26, line 17, at end insert—
    "(   )  No regulations may be made under this section unless the Health Ministers have previously consulted such organisations as appear to them to be representative of persons providing pharmaceutical services."
 

After Clause 32

 

THE EARL HOWE

82A*Insert the following new Clause—
  "Palliative care services
(1)  The appropriate national authority shall undertake an assessment of the nature and extent of palliative care services provided within the health service and, in conducting that assessment, shall have particular regard to the provision of—
(a)  paediatric palliative care; and
(b)  hospice facilities for children and young adults.
(2)  The appropriate national authority shall, within 12 months of the passing of this Act, conclude the assessment referred to in subsection (1) and prepare and publish a report on that assessment which shall be laid before each House of Parliament and, in respect of Wales, before the National Assembly for Wales."
 

Clause 33

 

THE EARL HOWE

83Page 28, line 31, leave out from "may" to "to" in line 32 and insert "by order make provision for a Primary Care Trust"
84Page 28, line 35, leave out "directions" and insert "order"
85Page 28, line 39, leave out "directions" and insert "order"
 

Clause 34

 

THE EARL HOWE

86Page 30, line 9, leave out "same neighbourhood" and insert "area served by a single Primary Care Trust"
87Page 30, leave out lines 16 to 25
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

88Page 30, leave out line 22
89Page 30, line 25, at end insert "that are not drugs or medicines"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 36

 

THE EARL HOWE
THE BARONESS CUMBERLEGE

90Page 31, line 9, at end insert—
"(   )  a primary acute referral service for the diagnosis and treatment by optometrists of self-referred patients,"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

91Page 31, line 15, leave out from "all" to end of line 23 and insert "persons"
 

THE EARL HOWE
THE BARONESS CUMBERLEGE

92Page 31, line 15, after "persons" insert "including such persons as are prevented through illness or incapacity from attending the premises of a contractor"
93Page 31, line 28, at end insert—
    "(   )  require that Primary Care Trusts ensure that all children receive an eye examination before starting compulsory education"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

94Page 32, line 18, at end insert—
    "(   )  Each Primary Care Trust must exercise its powers so as to promote the health benefits of regular sight tests for all persons."
 

Clause 37

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

95Page 33, line 24, at end insert—
    "(   )  services such as a glaucoma referral refinement service within or outside the Primary Care Trust"
 

THE EARL HOWE
THE BARONESS CUMBERLEGE

96Page 33, line 24, at end insert—
    "(   )  domiciliary services either within or outside the area of the Primary Care Trust"
 

After Clause 42

 

THE BARONESS FINLAY OF LLANDAFF
THE LORD CARTER
THE EARL HOWE

96AInsert the following new Clause—
  "Palliative care services (No. 2)
  Each Primary Care Trust shall publish an annual report on their progress in implementing their local plans for community and in-patient palliative care services, including specialist palliative care services."
 

Clause 43

 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 47

 

THE LORD WARNER

97Page 43, line 9, at end insert "made by the appropriate national authority"
 

Clause 49

 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 49 stand part of the Bill.
 

Clause 50

 

THE EARL HOWE

98Page 45, line 23, leave out "member of the public" and insert "person to whom it is not necessary to disclose the information for those purposes"
 

Clause 65

 

THE EARL HOWE

99Page 53, line 9, leave out subsection (6)
 

After Clause 72

 

THE LORD PALMER
THE LORD MONSON

100Insert the following new Clause—
  "Prescriptions: labelling showing actual cost
(1)  The National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620) are amended as follows.
(2)  After regulation 11 insert—
    "11APrescriptions: labelling showing actual cost
    (1)  The packaging of any drugs or appliances supplied in accordance with regulations 3 to 6A shall carry a label showing the full retail cost of those drugs or appliances.
    (2)  Paragraph (1) applies irrespective of whether—
    (a)  there is an exemption from charging under regulation 7 or 7A, or
    (b)  a valid exemption certificate under regulation 8 is in force.""
 

After Clause 74

 

THE LORD PALMER

101Insert the following new Clause—
  "Tax relief on premiums for medical insurance
(1)  Where an individual makes a payment in respect of a premium under a contract of private medical insurance, it shall be deducted from or set off against his income for the year of assessment in which it is made for the purposes of calculating his liability to income tax.
(2)  In this section—
(a)  a premium, in relation to a contract of insurance, is any amount payable under the contract to the insurer,
(b)  a contract is a contract of private medical insurance where—
(i)  it either provides indemnity in respect of all or any of the costs of all or any of the treatments, medical services and other matters for the time being specified in regulations made by the Secretary of State, or in addition to providing indemnity of that description provides cash benefits falling within rules for the time being so specified,
(ii)  it does not confer any right other than such a right as is mentioned in sub-paragraph (i) above, and
(iii)  the premium under the contract is reasonable."
 

THE BARONESS FINLAY OF LLANDAFF

101AInsert the following new Clause—
  "Palliative care
  Whenever a decision is taken on a patient that cardiopulmonary resuscitation would not be appropriate, that patient shall be referred to a specialist in palliative care."
 

Clause 78

 

THE LORD WARNER

102Page 60, line 41, after "4," insert "5,"
 

THE EARL HOWE

103Page 60, line 41, at end insert—
"(   )  the first regulations under section 2(5),"
104Page 60, line 41, at end insert—
"(   )  the first regulations under section 6(2) and (3),"
 

Clause 82

 

THE LORD WARNER

104APage 63, line 2, at end insert ", and
(e)  (except for section 35(2)) any other provision of this Act so far as it—
(i)  confers power to make an order or regulations, or
(ii)  defines any expression relevant to the exercise of any such power.
  Subsections (2)(b) and (3) to (6) have effect subject to paragraph (e)."
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE LORD MONSON

105Page 63, line 9, at end insert—
"(   )  Chapter 1 of Part 1 and sections 75 and 76 so far as relating to offences under that Chapter come into force on such day as the Secretary of State may by order appoint, but such day shall not be before 31st July 2008."
106Page 63, line 17, at end insert—
  "but such day shall not be before 31st July 2008"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

107Page 63, line 42, at end insert—
"(   )  Chapter 1 of Part 1 so far as it extends to England comes into force on 14th March 2007."
 

THE EARL HOWE

108Page 63, line 42, at end insert—
"(   )  Chapter 1 of Part 1 so far as it extends to England comes into force on such day following 1st July 2008 as the Secretary of State may by order appoint."

 
 
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©Parliamentary copyright 2006
19 May 2006