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Amendments to the Health Bill

Health Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 13th June 2006, as follows—

Clauses 17 to 56
Schedule 3
Clause 57
Schedule 4
Clause 58
Schedule 5
Clauses 59 and 60
Schedule 6
Clauses 61 to 69
Schedule 7
Clauses 70 to 80
Schedules 8 and 9
Clauses 81 to 84

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 17

 

THE LORD WARNER

23Page 15, line 20, leave out from first "The" to "appearing" in line 21 and insert "descriptions of bodies, or bodies, that may be so prescribed are descriptions of bodies, or bodies,"
 

Clause 18

 

THE LORD WARNER

24Page 17, line 15, leave out from first "The" to "which" in line 17 and insert "descriptions of bodies, or bodies, that may be so prescribed are—
(a)  descriptions of bodies, or bodies,"
25Page 17, line 19, leave out "Bodies" and insert "Descriptions of bodies, or bodies,"
 

Clause 20

 

THE LORD WARNER

26Page 19, line 9, at end insert—
"(   )  The power conferred by subsection (1)(a) may be exercised by an authorised person to enter relevant premises which are or form part of a private dwelling only if he is accompanied by a constable.
  But this subsection does not apply in such circumstances as may be prescribed by regulations made by the relevant authority."
27Page 19, line 27, leave out "subsection (1)" and insert "this section"
28Page 19, line 30, after "The" insert "descriptions of"
29Page 19, line 30, after "are" insert "descriptions of"
 

Clause 26

 

THE EARL HOWE

30Page 22, line 16, leave out "may" and insert "shall"
 

Clause 30

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

31Page 25, line 36, leave out from "time" to end of line 38
 

THE EARL HOWE

32Page 26, line 12, leave out "qualifications and"
 

Clause 35

 

THE EARL HOWE
THE BARONESS BARKER

33Page 30, line 39, after "applications" insert "(other than proposals based on price or discount)"
 

Clause 38

 

THE EARL HOWE

33A*Page 35, line 35, at end insert—
    "(6)  Before making regulations under sections 28WA to 28WE, the Secretary of State shall consult such persons or organisations as appear to him to be representative of persons providing ophthalmic services."
 

Clause 49

 

THE LORD WARNER

34Page 44, line 4, after "to" insert—
"(a)  "
35Page 44, line 6, at end insert—
"(b)  procedures to be followed in relation to the disclosure (in accordance with sections 50 and (Protection of personal information disclosed for purposes of proceedings)) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions."
 

Clause 50

 

THE LORD WARNER

36Page 45, line 5, at end insert "or tribunal"
37Page 45, line 19, leave out from "disclosed" to end of line 24 and insert "except—
(a)  for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or
(b)  in accordance with an enactment or order of a court or tribunal."
 

Clause 51

 

THE LORD WARNER

38Leave out Clause 51 and insert the following new Clause—
  "Protection of personal information disclosed for purposes of proceedings
(1)  Information obtained from personal records produced in compliance with a notice under section 46 is "protected information" for the purposes of this section if—
(a)  a person ("the discloser"), in accordance with section 50(3), discloses the information for the purposes of any proceedings, and
(b)  either—
(i)  the identity of the individual in question can be ascertained from the information itself, or
(ii)  the discloser has reasonable cause to believe that it will be possible for a person who obtains the information as a direct or indirect consequence of the disclosure to ascertain the individual's identity from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.
(2)  The discloser must take all reasonable steps to ensure that, once disclosed by him in accordance with section 50(3), the protected information is not further disclosed to any person who is not someone to whom it is necessary to disclose the information for any purpose connected with the proceedings mentioned in subsection (1)(a).
(3)  In subsection (2) the reference to further disclosure of the information does not include any such disclosure—
(a)  by way of evidence in any proceedings, or
(b)  in accordance with an enactment or order of a court or tribunal.
(4)  The appropriate national authority must make provision, whether in a code of practice issued under section 49 or otherwise, for requiring any person disclosing protected information in accordance with section 50(3) to ensure, by the use of a distinguishing mark or in some other way, that the information is clearly identified as protected information for the purposes of this section.
(5)  Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless—
(a)  the whole of the proceedings are held in private, or
(b)  in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).
(6)  If, on an application by a party to—
(a)  proceedings before a court, or
(b)  proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,
  the court or tribunal is satisfied that it is in the interests of justice for any information that appears to be protected information to be disclosed by way of evidence in the proceedings, it may give permission for the information to be so disclosed, on such terms as it thinks fit.
(7)  When determining such an application, the court or tribunal must consider whether, in the interests of protecting the identity of the individual to whom the information relates, the whole or part of the proceedings should be held in private.
(8)  If the court or tribunal is satisfied that the whole or part of the proceedings should be held in private, it must give such directions, or take such other steps, as appear to it to be appropriate.
(9)  In this section "proceedings" means—
(a)  criminal or civil proceedings, or
(b)  relevant disciplinary proceedings (as defined by section 50(4))."
 

Clause 53

 

THE LORD WARNER

39Page 46, line 36, leave out "51(3)" and insert "(Protection of personal information disclosed for purposes of proceedings)(2)"
 

Schedule 4

 

THE LORD WARNER

40Page 75, line 34, after "may" insert—
"(a)  prescribe conditions which must be satisfied in relation to persons before they are appointed as health and social care commissioners;
(b)  make provision as to the circumstances in which persons are disqualified for being health and social care commissioners;
(c)  "
41Page 75, line 36, leave out "regulations may in particular make" and insert "provision that may be made in relation to the health and social care commissioners under sub-paragraph (5)(c) includes, in particular, "
42Page 77, line 15, leave out "NHS bodies other than Special Health Authorities" and insert "Strategic Health Authorities, Primary Care Trusts or NHS trusts"
 

Clause 71

 

THE LORD WARNER

43Page 55, leave out line 18
 

After Clause 73

 

THE LORD PALMER
THE LORD MONSON

44Insert 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 75

 

THE LORD PALMER

45Insert 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."
 

Clause 79

 

THE LORD MONSON
THE LORD STODDART OF SWINDON
THE LORD PALMER

46Page 60, line 41, after "section" insert "2,"
 

Schedule 8

 

THE LORD WARNER

47Page 87, line 35, leave out "1" and insert "2"
 

Schedule 9

 

THE LORD WARNER

48Page 89, line 39, column 2, leave out "1" and insert "2"
 

Clause 83

 

THE LORD WARNER

49Page 63, line 2, at end insert ", and
(e)  (except for section 36(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)."
50Page 63, line 16, leave out "paragraphs 24(a) and 43" and insert "paragraph 24(a)"
51Page 63, line 17, leave out "those paragraphs" and insert "that paragraph"
52Page 63, line 29, leave out "and Schedule 3" and insert ", Schedule 3 and paragraph 43 of Schedule 8"
53Page 63, line 29, leave out from "bodies" to end of line 30
54Page 63, line 32, leave out paragraph (f) and insert—
"(f)  so far as relating to Welsh NHS bodies, any provision of Schedule 9 which repeals or revokes an enactment amending or repealing section 98 of the 1977 Act, and"
55Page 63, line 34, at end insert "(d),"
56Page 63, line 35, at end insert—
  "In this subsection "Welsh NHS body" has the meaning given by paragraph 2 of the Schedule 12B inserted by Schedule 3."

 
 
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©Parliamentary copyright 2006
23 June 2006