Health and Social Care Bill — Patient data — 14 Feb 2001

As amended in the Standing Committee, considered.

(2) In subsection (2)--

(a) the word "or" after paragraph (a) shall be omitted; and

(b) at the end of paragraph (b) there shall be inserted "or

(c) in relation to an individual to whom subsection (6C), (6D) or (6E) applies."

(3) After subsection (6B) there shall be inserted--

"(6C) This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part II of the National Health Service Act 1977 of--

(a) medical practitioners undertaking to provide general medical services,

(b) persons undertaking to provide general dental services,

(c) persons undertaking to provide general ophthalmic services, or

(d) persons undertaking to provide pharmaceutical services.

(6D) This subsection applies to an individual who is--

(a) a director of a body corporate included or seeking inclusion in a list referred to in subsection (6C)(b) or (c),

(b) a member of a limited liability partnership included or seeking inclusion in a list referred to in subsection (6C)(c),

(c) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) included or seeking inclusion in a list referred to in subsection (6C)(d).

(6E) This subsection applies to an individual included or seeking inclusion in any list prepared by a Health Authority under--

(a) section 28DA of the National Health Service Act 1977 or section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services), or

(b) section 43D of the 1977 Act (supplementary lists),

and to an individual included or seeking inclusion in any list corresponding to a list referred to in paragraph (a) prepared by a Health Authority by virtue of regulations made under section 43 of the Health and Social Care Act 2001 (which provides for the application of enactments in relation to local pharmaceutical services).".'.-- [Mr. Denham.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Deputy Speaker (Mrs. Sylvia Heal):

With this it will be convenient to discuss the following: Government new clause 12-- Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists .

A perfectly good definition of the word "director" exists in company law, which deals precisely with people who exercise the functions of a director and are part of the body controlling a company but may not be called a director. Why have the Government found that amendment necessary? Does that presage a wider amendment of company law to change the definition of the word "director"?

Question put and agreed to.

Clause read a Second time, and added to the Bill.

Brought up, read the First and Second time, and added to the Bill.

(2) Sections 7(3) to (6), 8 and 9 and Schedule 1 apply as if such a committee were an overview and scrutiny committee and as if the Common Council were a London borough council.

(3) Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission--

(a) of subsections (1) to (3), (5) and (9),

(b) in subsection (8), of "Executive",

(c) in subsection (11), of paragraph (b), and

(d) in subsection (13)(a), of the reference to members of the executive.

(4) In the provisions applied by subsections (2) and (3), references to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection.

(5) "The Common Council" means the Common Council of the City of London.'.-- [Mr. Denham.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Deputy Speaker:

With this it will be convenient to discuss Government amendments Nos. 141 to 143, 140 and 155 to 158.

Question put and agreed to .

Clause read a Second time, and added to the Bill .

(2) In this section--

"disease registers" means those registers of incidence of specified diseases as the Secretary of State shall by regulation prescribe;

"prescribed patient information" means patient information specified in or determined in accordance with regulations made by the Secretary of State under this section;

"processing", in relation to information, means the use, disclosure or obtaining of the information or the doing of such other things in relation to it as may be prescribed by regulations.

(3) Regulations made under this section shall not be made unless a draft of the statutory instrument containing the regulation has been laid before, and approved by a resolution of, each House of Parliament.'.-- [Dr. Fox.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael Lord):

With this it will be convenient to discuss the following amendments: No. 1, in page 58, line 17, leave out clause 62.

Does the hon. Gentleman accept that the power will be used under the Bill only if it is impracticable to obtain information in any other way--in other words, by patient consent?

for securing that, where prescribed patient information is processed by a person in accordance with the regulations, anything done by him in so processing the information shall be taken to be lawfully done despite any obligation of confidence owed by him in respect of it.

Question put, That the clause be read a Second time:--

The House divided: Ayes 167, Noes 306.

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