Health Bill [Lords] — Repeals — 15 Jun 1999
Amendments made: No. 7, in page 8, line 32, after 'services' insert '(including accommodation)'.
No. 8, in page 8, line 44, after 'accommodation' insert 'or services'.
No. 9, in page 8, line 47, at end insert 'or services'.
No. 10, in page 9, line 4, after 'accommodation' insert 'or services'.
No. 11, in page 9, leave out line 17.-- [Mr. Denham.]
Amendment made: No. 12, in page 13, line 23, after 'below', insert 'and".'.-- [Mr. Denham.]
Amendments made: No. 13, in page 15, line 5, leave out from 'he' to end of line 10 and insert--
'(a) shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and
(b) may consult such other persons as he considers appropriate.'.
No. 14, in page 15, line 18, leave out 'revised' and insert 'varied'.
No. 15, in page 16, line 39, leave out 'revocation or revision' and insert 'or revocation'.
No. 16, in page 17, line 5, leave out subsection (4).-- [Mr. Denham.]
Amendments made: No. 94, in page 17, line 15, leave out from 'area;' to 'the' in line 16 and insert--
'(b) those medical practitioners and the deputy medical practitioners for that area; or
(c) the medical practitioners mentioned in--
(i) paragraph (a) above; or
(ii) paragraph (b) above,
and'.
No. 95, in page 17, line 23, leave out from 'area;' to 'the' in line 24 and insert--
'(b) those dental practitioners and the deputy dental practitioners for that area; or
No. 103, in page 18, line 44, leave out from second 'to' to end of line 46 and insert
'any practitioners mentioned in that subsection.".'.-- [Mr. Denham.]
Amendments made: No. 104, in page 19, line 44, leave out '45(2) or (3)' and insert '45(1C) to (4)'.
No. 17, in page 20, line 6, at end insert--
'or a function referred to in section 28EE(1)(a) to (d) below'.-- [Mr. Denham.]
Amendment made: No. 18, in page 21, line 43, at end insert--
'( ) In paragraph 16(2) of that Schedule (general powers of NHS trusts), for "which is owned and managed" there is substituted "at or from which services are provided".'.-- [Mr. Denham.]
Amendment made: No. 19, in page 22, line 7, leave out from beginning to 'be' in line 9 and insert--
'For section 5(9) of the 1990 Act (restrictions on exercise of certain powers) there is substituted--
"(9) A power conferred by paragraph 14 or 15 of Part II of Schedule 2 to this Act may only".'.-- [Mr. Denham.]
Amendment made: No. 20, in page 23, line 36, leave out 'section 20' and insert 'sections 20 to 22'.-- [Mr. Denham.]
Amendment made: No. 21, in page 24, line 37, leave out subsection (5).-- [Mr. Denham.]
Amendment made: No. 22, in page 32, line 12, leave out subsection (10).-- [Mr. Denham.]
No. 26, in page 36, line 23, leave out from beginning to 'has' and insert
'A notice under subsection (4) must give the Secretary of State's reasons for giving the notice; and the Secretary of State may not give a notice under that subsection until he'.
No. 27, in page 36, leave out lines 25 to 27.
No. 28, in page 36, line 30, after 'may' insert
'after consultation with the industry body'.-- [Mr. Denham.]
Amendment made: No. 29, in page 37, line 6, leave out from 'limit' to third 'to' in line 7.-- [Mr. Denham.]
Amendments made: No. 30, in page 37, line 29, leave out from 'scheme' to first 'to' in line 30.
No. 31, in page 37, line 35, leave out from 'scheme' to third 'to' in line 36.-- [Mr. Denham.]
Amendments made: No. 32, in page 39, line 23, leave out subsection (2).
No. 33, in page 39, line 31, after 'limiting' insert
'by reference to the prices or profits which would be reasonable in all the circumstances--
( )'.
No. 34, in page 39, line 31, after 'or' insert--
'( )'.
No. 35, in page 39, line 33, after 'supply' insert
'for the purposes of the health service'.
No. 36, in page 39, line 33, leave out from 'medicines' to end of line 34.
No. 37, in page 40, leave out line 2.
No. 38, in page 40, line 3, leave out from 'service"' to end of line 4 and insert
'means any of the health services within the meaning of the 1977 Act, the 1978 Act or the Health and Personal Social Services (Northern Ireland) Order 1972'.-- [Mr. Denham.]
Amendment made: No. 39, in page 43, line 48, at end insert--
'(8) Subsection (4) of section 122A above applies for the purposes of this section as it applies for the purposes of that'.-- [Mr. Denham.]
Amendment made: No. 105, in page 51, line 46, leave out & 61(2)(a)' and insert & 61(2)'.-- [Mr. Denham.]
Amendments made: No. 40, in page 62, leave out lines 8 to 13 and insert--
'(a) shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and
(b) may consult such other persons as he considers appropriate.'.
No. 41, in page 62, line 21, leave out 'revised' and insert 'varied'.
No. 42, in page 63, line 38, leave out 'revocation or revision' and insert 'or revocation'.
No. 43, in page 64, line 5, leave out subsection (4).-- [Mr. Denham.]
Amendments made: No. 44, in page 72, leave out lines 30 to 34 and insert--
'(1A) Directions under section 20 or 28 or Schedule 2, or by virtue of section 38(1)(b), are to be given by an instrument in writing.
(1B) Any such directions may be varied or revoked by subsequent directions under, or by virtue of, the same provision.
(2) Subsections (4) and (5) of section 126 of the 1977 Act (supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations, or to give directions mentioned in subsection (1A), as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section'.
No. 45, in page 72, line 35, leave out 'subsection (2)' and insert
'subsection (4) of that section'.
No. 46, in page 72, line 36, after & 31' insert
'or an Order in Council under section ( English and Scottish border provisions )'.
No. 47, in page 73, line 14, at end insert--
'( ) No recommendation is to be made to Her Majesty to make an Order in Council under section ( English and Scottish border provisions ) unless a draft--
(a) has been laid before, and approved by resolution of, each House of Parliament, and
(b) has been laid before, and approved by resolution of, the Scottish Parliament'.-- [Mr. Denham.]
Amendment made: No. 48, in page 73, line 28, at end insert--
'( ) "NHS trust" has the same meaning--
(a) in Part I of this Act as in the 1977 Act,
(b) in Part II of this Act as in the 1978 Act.'.-- [Mr. Denham.]
No. 50, in page 73, line 36, leave out from beginning to end of line 18 on page 74 and insert--
'(2) The power of a Minister of the Crown under section 66 to appoint a day for any of the following provisions to come into force in relation to Wales--
(a) sections 1 to 8, 10 to 18 and Schedule 1,
(b) sections 26 to 32,
(c) section 64(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 15, 22 to 25, 26(a), 27 to 34, 36, 37 (except sub-paragraph (2)(b) and (d)), 38, 39, 69, 70, 72, 73, 74(b), 75 to 78, 79 (except sub-paragraph (2)(b)), 81, 82, 83 (except sub-paragraph (2)(a)) and 85 to 88,
is exercisable instead by the National Assembly for Wales.
(3) In Schedule 5 to the Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted--
"12A. The Commission for Health Improvement".
(4) The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions).
(5) In Schedule 1--
(a) in the entry for the 1977 Act, after paragraph (c) there is inserted--
"(cc) section 43C;
(ccc) sections 46 to 49E",
(b) at the end of the entry for the 1990 Act, there is inserted--
"The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 17 of the Health Act 1999.
The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect",
(c) after the entry for the National Minimum Wage Act 1998 there is inserted--
"In the Health Act 1999--
(a) Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2);
(b) section 62, so far as it relates to any of the provisions which, by virtue of section 65(2), may be brought into force by the Assembly".
(6) In Schedule 2, after the entry for the Audit Commission Act 1998, there is inserted--
"Health Act 1999
The functions of the Secretary of State under section 20(1) shall be exercisable only with the agreement of the Assembly.
The functions of the Secretary of State under paragraphs 4 to 7 of Schedule 2 shall be exercisable only after consultation with the Assembly".'.-- [Mr. Denham.]
Amendment made: No. 51, in page 74, line 27, at end insert--
'( ) Subsection (1) does not apply to section 65, of which--
(a) subsections (1) and (3) to (6) come into force on the day on which this Act is passed,
(b) subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.'.-- [Mr. Denham.]
Amendment made: No. 52, in page 74, line 37, at end insert--
'( ) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there'.-- [Mr. Denham.]
Amendments made: No. 53, in page 75, line 34, leave out 'any such' and insert 'the'.
No. 54, in page 75, line 35, leave out 'Primary Care Trust' and insert 'authority'.-- [Mr. Denham.]
Amendment made: No. 55, in page 84, line 39, leave out paragraph 20.-- [Mr. Denham.]
No. 62, in page 97, line 45, leave out from 'directions)' to end of line 46 and insert
'for "incidental or supplemental" there is substituted "supplementary, incidental, consequential, transitory, transitional or saving".'.
No. 63, in page 98, line 6, at end insert
'( ) in paragraph 16(c), the words from "which purposes shall include" to the end are omitted,'.
No. 64, in page 98, line 43, leave out 'for'.
No. 65, in page 98, line 43, leave out from 'special' to 'services' in line 46 and insert
'hospital" is omitted, after "above)" there is inserted "in a hospital at which high security psychiatric services are provided" and for "other special hospital" there is substituted "other hospital at which those'.
No. 66, in page 98, line 48, leave out from 'for' to 'which' in line 1 on page 99 and insert
'"which is not a special hospital" there is substituted "at'.-- [Mr. Denham.]
Amendments made: No. 67, in page 103, line 17, at end insert--
'1966 c. 8. The National Health Service Act 1966. Section 10.'.
No. 68, in page 103, line 17, at end insert--
'1973 c. 65. The Local Government (Scotland) Act 1973. In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii), subsection (2A) and in subsection (2B) the definitions of "recognised fund-holding practice" and "allotted sum".'.
No. 69, in page 104, line 20, column 3, at end insert--
'In Schedule 15, paragraph 37. '.
No. 70, in page 104, line 35, column 3, after '6(2),' insert
'in paragraph 16(c) the words from "which purposes shall include" to the end,'.
No. 71, in page 104, line 41, column 3, at end insert--
'In Schedule 16, paragraph 22.'
No. 72, in page 104, line 44, column 3, at end insert--
'In section 123(1), "in a special hospital". '.
No. 73, in page 105, line 40, column 3, after '(d)' insert '34'.
No. 74, in page 105, line 43, at end insert--
'1995 c. 31. The National Health Service (Amendment) Act 1995. Section 1.
Section 2(2).
Section 3
Sections 7 and 9'.
No. 75, in page 105, line 53, column 3, leave out second 'and'.
No. 76, in page 105, line 54, column 3, at end insert
'69, 71(4), 77 and 78'.-- [Mr. Denham.]
Motion made, and Question put, That the Bill be now read the Third time.-- [Mr. Hanson.]
The House divided: Ayes 372, Noes 112.
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