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Health Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

LORD DARZI OF DENHAM

1Page 1, line 9, at end insert "or (Other revisions of NHS Constitution)"
 

Clause 2

 

LORD DARZI OF DENHAM

2Leave out Clause 2
 

Clause 4

 

LORD DARZI OF DENHAM

3Page 3, line 9, leave out subsections (2) and (3)
4Page 3, line 15, after "Constitution (" insert "referred to in this Chapter as"
5Page 3, line 25, at end insert—
"(   )  The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made."
6Page 3, line 26, at end insert "made as a result of a 10 year review"
7Page 3, line 29, at end insert—
 ""the guiding principles" means—
(a)  the 7 principles described in the NHS Constitution published on 21 January 2009 as "the principles that guide the NHS", or
(b)  any revised version of those principles set out in the NHS Constitution published under this section or section (Other revisions of NHS Constitution);"
 

After Clause 4

 

LORD DARZI OF DENHAM

8Insert the following new Clause—
  "Other revisions of NHS Constitution
 
(1)  This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).
(2)  Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.
(3)  The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.
(4)  The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
(5)  The Secretary of State must publish the NHS Constitution after any revision."
 

Clause 5

 

LORD DARZI OF DENHAM

9Page 4, line 12, at end insert "(whether made as a result of a review under this section or otherwise)"
 

After Clause 6

 

LORD DARZI OF DENHAM

10Insert the following new Clause—
  "Regulations under section 4 or (Other revisions of NHS Constitution)
(1)  The power to make regulations under section 4 or (Other revisions of NHS Constitution) is exercisable by statutory instrument.
(2)  A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 10

 

LORD DARZI OF DENHAM

11Page 7, line 33, at end insert—
"(   )  as to arrangements to be made by the Secretary of State or the Primary Care Trust for providing patients, payees or their representatives with information, advice or other support in connection with direct payments;
(   )  for such support to be treated to any prescribed extent as a service in respect of which direct payments may be made."
12Page 8, line 29, at end insert—
"(   )  Provision as to the review of a pilot scheme may in particular include provision—
(a)  for a review to be carried out by an independent person;
(b)  for publication of the findings of a review;
(c)  as to matters to be considered on a review.
(   )  Those matters may in particular include any of the following—
(a)  the administration of the scheme;
(b)  the effect of direct payments on the cost or quality of care received by patients;
(c)  the effect of direct payments on the behaviour of patients, carers or persons providing services in respect of which direct payments are made."
13Page 8, line 30, leave out "carrying out"
 

Clause 13

 

LORD DARZI OF DENHAM

14Page 10, line 1, after "to" insert "—
(a)  work at any stage of innovation (including research);
(b)  "
 

After Clause 32

 

BARONESS MEACHER

 

BARONESS BARKER

 

EARL HOWE

 

LORD WARNER

15*Insert the following new Clause—
  "Private health care
(1)  The National Health Service Act 2006 (c. 41) is amended as follows.
(2)  In section 44 (private health care), after subsection (4) insert—
"(4A)  The Secretary of State may by regulations make provision for exceptions to be permitted to the restriction mentioned in subsection (2) subject to the principle that any such exception must in all the circumstances be in the interests of the National Health Service.
(4B)  The regulations may specify such other principles and conditions as the Secretary of State may consider appropriate.""

 
 
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12 May 2009