HL Deb 04 February 1936 vol 99 cc376-9

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Luke.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Accommodation for and charges to paying patients.

(2) The committee of management may charge such patients for accommodation and maintenance (including such medical and surgical attendance and treatment as is given by the resident staff of the hospital) in accordance with such scale of charges as may be specified in am Order.

LORD LUKE moved, in subsection (2), after "patients", to insert "as aforesaid". The noble Lord said: This is a drafting Amendment. It has been argued that without it the words "such patients" might grammatically be read, like the words "such scale of charges" in line 16, with the words "as may be specified in an Order" in line 16. I beg to move.

Amendment moved— Page 2, line 13, after ("patients") insert ("as aforesaid").—(Lord Luke.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3:

Provision, for patients able to make some, but not full, payment.

3.—(1) Except where the Charity Commissioners are satisfied that it would be inappropriate in the circumstances so to do, they shall include in the scale of charges specified in an Order charges fixed with a view to meeting the needs of patients who, though able to make some payment, are unable to pay charges sufficient to meet the full expense to the hospital of their accommodation, maintenance, medical or surgical attendance and treatment, and shall make it a condition of the Order that in the use of a number to be specified therein of the beds whose maintenance is authorised thereby priority shall be given to such patients.

(2) An Order may, in cases where the committee of management have not the power so to do apart from an Order, authorise them to defray out of any funds applicable to the general purposes of the hospital the difference between the full expense to the hospital of the accommodation, maintenance, medical or surgical attendance and treatment of such patients as aforesaid on the one hand, and the sums with which those patients are charged under the authority of the Order on the other hand.

LORD LUKE moved, in subsection (1), to leave out "maintenance, medical or surgical attendance or treatment" and insert "and maintenance (including such medical and surgical attendance and treatment as is given by the resident staff of the hospital)." The noble Lord said: This is also a drafting Amendment. Its object is to bring the wording of Clause 3 (1) into line with the wording of Clause 2 (2). The wording was originally the same. But when the Bill was in your Lordships' House last Session, Clause 2 (2) was amended and the wording became different. This difference has caused misapprehension, which will be removed if Clause 3 is now amended to bring it into line. I beg to move.

Amendment moved— Page 2, line 36, leave out from ("accommodation") to ("and") in line 38, and insert ("and maintenance (including such medical and surgical maintenance and treatment as is given by the resident staff of the hospital").—(Lord Luke.)

On Question, Amendment agreed to.

LORD LUKE moved a similar Amendment in subsection (2). The noble Lord said: This is another drafting Amendment and is consequential after the Amendment to Clause 3 (1). I beg to move.

Amendment moved— Page 3, line 4, leave out from ("accommodation") to ("of") in line 5, and insert ("and maintenance (including such medical and surgical attendance and treatment as is given by the resident staff of the hospital").—(Lord Luke.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clauses 4 and 5 agreed to.

Clause 6:

Savings.

(3) Except to the extent of an application of funds authorised under subsection (2) of Section three of this Act, an Order authorising the provision or maintenance of any buildings or beds shall not be construed as conferring on the committee of management any power, which apart from the Order would not be exercisable by them, to apply funds in the provision or maintenance thereof.

LORD LUKE moved to leave out subsection (3) and insert: (3) Except to the extent of an application of funds authorised under subsection (2) of Section three of this Act, an Order shall riot be construed as authorising any application of funds. The noble Lord said: This is a clarifying Amendment. The question has been raised whether the restrictions on the use of funds in Clause 6 (3) applies to funds raised specifically for the provision of accommodation or maintenance for paying patients. I am advised that it does not, and that the amended wording will make the meaning more clear.

Amendment moved— Page 5, line 4, leave out subsection (3) and insert the said new subsection.—(Lord Luke.)

On Question, Amendment agreed to.

Clause 6, as amended, agreed to.

Remaining clause agreed to.