HL Deb 25 June 1973 vol 343 cc1799-808

[Nos. 130 to 2431]

Schedule 4, page 69, line 46, leave out from "words" to end of line 50 and insert "from" Regional" to "Council" there shall be substituted the words "Regional Health Authority, Area Health Authority or Family Practitioner Committee""

Schedule 4, Page 70, line 8, after "Board" insert "of"

Schedule 4, page 70, leave out line 33 and insert "from "said Act of 1946" to "1948" there shall be substituted the words "National Health Service Act 1946, Part IV of the National Health Service (Scotland) Act 1947 or""

Schedule 4, page 70, line 35, leave out "to "1948"" and insert ",where they first occur, onwards"

Schedule 4, page 70, line 37, leave out "such a health centre as is referred to" and insert "a health centre provided as mentioned"

Page 71, line 2, leave out from "committees" to end of line 8 and insert "for hospital areas) for the words "hospital area" there shall be substituted the words "region or for Wales", for the word "area" in paragraphs (a), (h), (c)(iii) and (d) there shall be substituted the words "region or in Wales" and for subparagraphs (i) and (ii) of paragraph (c) there shall be substituted the following sub-paragraph— (i) Area Health Authorities in the region or in Wales and special health authorities exercising functions there, and".

page 70, line 11, leave out from "nurses)" to end of line 12 and insert "the words "situated in such hospital area" shall be omitted".

page 71, line 15, after "Hospital", insert "Management".

page 71, line 18, leave out from first "the" to "and" in line 20 and insert "words from "approved" to "for the area" there shall be substituted the words "approved by a regional nurse-training committee"".

page 71, line 45, leave out sub-paragraph (1).

page 71, line 48, leave out "paragraph 3(e) of that Schedule" and insert "Schedule I to that Act (which provides for the constitution of the General Nursing Council) in paragraph 3(e)".

page 71, line 51, at end insert "of attending persons in their homes".

Page 72, line I, leave out sub-paragraph (3).

Page 72, line 10, leave out "and in" and insert "or in the case of the committee for".

Page 72, line 13, leave out from "region" to end of line 14 and insert "or, as the case may be, in Wales;".

Page 72, line 15, leave out "paragraph 1(f)" and insert "sub-paragraph (f) or paragraph 1".

Page 72, line 16, leave out "paragraph" and insert "sub-paragraph".

Page 72, line 19, leave out "and in" and insert "or, in the case of the committee for".

Page 72, line 21, leave out "paragraph 1(g)" and insert "sub-paragraph (g) of paragraph 1".

Page 72, line 22, leave out "paragraph" and insert "sub-paragraph".

Page 72, line 25, leave out "and in" and insert "or, in the case of the committee for".

Page 72, line 32, leave out "paragraphs 3 and" and insert "paragraph"

Page 72, line 37, at end insert ";and for the word "Board" in the second place where it occurs there shall be substituted the word "Authority"."

Page 73, line 7, leave out "The"

Page 73, line 9, leave out "The"

Page 73, line 17, after "services)" insert "the words" and local authority" shall be omitted and"

Page 73, leave out lines 18 to 39 and insert "paragraphs (a) to (d) there shall be substituted the words "of services under section 2 or 3 of the National Health Service Reorganisation Act 1973 or section 2, 5 or 6 of the National Health Service (Scotland) Act 1972 or Article 5, 8 or 9 of the Health and Personal Social Services (Northern Ireland) Order 1972 and services at health centres provided under the said sections 2 or Article 5""

Page 73, line 42, leave out "and supply"

page 74, line 5, leave out sub-paragraph (2).

page 74, line 15, leave out from "Health)" to end of paragraph and insert "before the words "Welsh Board of Health" there shall be inserted the words— records of property passing to Regional or Area Health Authorities or special health authorities under sections 23 to 26 of the National Health Service Reorganisation Act 1973, records of property held by a Regional or Area Health Authority or special health authority under section 21 or 22 of the said Act of 1973"

page 74, line 26, at end insert— 78A. Without prejudice to the operation of section 41(1) of this Act, in section 14(3) of that Act (under which the registration authority in relation to a home, is the council of the county or county borough in which the home is situated), for the words from "in relation" to "situated" there shall be substituted the words "means the Minister". Page 75, line 13, after second "in" insert "paragraph (a) of

Page 75, line 23, after "words" insert "a"

Page 75, line 33, after "local" insert "health".

Page 76, line 8, leave out second "the".

Page 76, line 10, leave out paragraph 90.

Page 76, line 51, at end insert "and".

page 77, line 2, leave out "Schedule 1" and insert "the Schedule".

page 77, line 34, at end insert ",and in this sub-paragraph "local authorities" means authorities established by or under the Local Government Act 1972 or the London Government Act 1963.".

page 77, line 45, leave out "British Medical Association and the".

page 77, line 47, leave out "medical practitioners" and insert "specialists in community medicine".

page 77, line 47, at end insert—

"The London Government Act 1963

97A. Subsections (1) to (6) of section 32 of the London Government Act 1963 (which relate to the co-ordination of school and other health services in inner London) shall cease to have effect."

Page 78, line 16, leave out from "Act" to ""Regional" in line 17 and insert "for paragraph 1 there shall be substituted the following paragraph:— 1. A"".

Page 78, line 18, leave out "or special health authority" and insert", special health authority, Health Board or the Common Services Agency for the Scottish Health Service".

Page 78, line 27, at end insert—

"The General Rate Act 1967

101A. In section 45 of the General Rate Act 1967 (which provides for relief from rates in respect of facilities for disabled persons), for the words "local health authority" in paragraph (h) there shall be substituted the words "local social services authority"."

Page 78, line 33, after "Committee," insert "or Board of Management".

Page 78, line 36, at end insert", a Health Board or the Common Services Agency for the Scottish Health Service"

Page 78, line 42, leave out from "and" to end of line 46 and insert "in paragraph (b) for the words "Act of 1946" there shall be substituted the words "Acts of 1946 to 1973"" Page 79, Page 78, line 18, leave out from "Service" to "1973 'in line 19 and insert "Acts 1946 to

Page 78, line 36, at end insert— 106A. In section 28(2) of that Act (under which regulations may make provision generally with respect to audit under section 55(2) of the principal Act), for the words "the said subsection (2)" there shall be substituted the words "section 55(2) of the 1946 Act".

Page 81, line 40, leave out from "section" to end of line 15 on page 82 and insert "at the end of the definition of "the relevant enactments" there shall be inserted the words "and the National Health Service Reorganisation Act 1973"".

Page 82, line 18, leave out from "organisations)" to end of line 21 and insert "at the end of subsection (3)(a) there shall be inserted the words "the National Health Service Reorganisation Act 1973"".

Page 82, line 29, leave out from "organisations)" to end of line 32 and insert "at the end of subsection (3)(b) there shall be inserted the words "the National Health Service Reorganisation Act 1973"".

line 42, leave out paragraph 120.

Page 83, line 6, leave out from "words" to end of line 8 and insert "from "a local health authority" onwards there shall be substituted the words "the Secretary of State or the Ministry of Health and Social Services for Northern Ireland"."

Page 83, line 13, at end insert "and for the words "Health Service Acts (Northern Ireland) 1948 to 1967" there shall be substituted the words "Health and Personal Social Services (Northern Ireland) Order 1972"."

line 17, at end insert "and for the words "section 17 of the Health Services Act (Northern Ireland) 1948" there shall be substituted the words "Article 5 of the Health and Personal Social Services (Northern Ireland) Order 1972"."

Page 83, line 21, leave out from "committee" to end of line 22 and insert "or (in Scotland) a regional nurse-training committee) the words from the begining to "(in Scotland)" shall be omitted".

Page 83, line 29, at end insert "and in paragraph (c) of that definition for the words from "means" onwards there shall be substituted the words "means a Health and Social Services Board, the Northern Ireland Central Services Agency for the Health and Social Services or the Northern Ireland Staffs Council for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972".".

page 84, line 10, after "have", insert "during the preceding year".

page 84, line 12, at end insert:

"The Pensions (Increase) Act 1971

125A. At the end of paragraph 22 of Schedule 2 to the Pensions (Increase) Act 1971 (by virtue of which certain pensions payable by the Secretary of State under enactments relating to the health service are official pensions for the purposes of that Act) there shall be inserted the following sub-paragraph— (d) section (Provision for early retirement in lien of compensation for loss of office) of the National Health Service Reorganisation Act 1973 or section 34A of the National Health Service (Scotland) Act 1972.

page 84, line 22, after "words", insert "an".

page 84, line 23, after "words", insert "a".

page 84, line 30. leave out "word "1946"" and insert "words "1946 or"".

page 84, line 31, leave out from "words" to end of line 32 and insert ""by a Health Board"".

page 84, leave out line 35 and insert", Family Practitioner Committee or Health Board".

page 84, line 43, after "Authority", insert "or special health authority".

page 84, line 44, at end insert "or to the Secretary of State if no such authority is so responsible".

page 84, line 45, leave out sub-paragraph (2) and insert— (2) Paragraphs (b) and (c) of subsection (I) of that section shall be omitted".

page 84, line 50, at end insert—

"The Employment Medical Advisory Service Act 1972 128A. In section 1(6) of the Employment Medical Advisory Service Act 1972 (which imposes on every local education authority the duty of arranging for one of its officers who is a medical practitioner to furnish to an employment medical adviser such particulars of the school medical report and other medical history of a person who is under eighteen as the adviser requires for the efficient performance of his functions) for the words from "every" to "officers" there shall be substituted the words "the Secretary of State to secure that each Area Health Authority arranges for one of its officers".

Page 85, line 1, at end insert— 128A. In section 22 of the National Health Service (Scotland) Act 1972 (supply of goods and services to local authorities, etc.). after subsection (2) there shall be added the following subsection:— (3) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles (Excise) Act 1971 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

128B. In section 23 of that Act (assistance to voluntary organisations), after subsection (1) there shall be added the following subsection: (1A) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles (Excise) Act 1971 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.

128C. In section 34(2) of that Act (transfer of other staff), after paragraph (f) there shall be inserted the following paragraph:— (g) an education authority wholly or mainly as a speech therapist for the purposes of providing special education in pursuance of sections 1 and 3A of the Education (Scotland) Act 1962. respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

(5) Any sums payable under regulations made in pursuance of subsection (3) of this section shall be treated for the purposes of section 73 of the Finance Act 1972 (under which compensation for loss of office or employment is chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid in pursuance of the said section 24.

(6) In this section: normal retiring age" means—

  1. (a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age; and
  2. (b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;
reckonable service", in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and relevant superannuation scheme", in relation to any person, means the instrument which is applicable in the case of his employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions are to be or may be, paid to or in respect of persons in that employment.

Page 85, line 1, leave out "the National Health Service (Scotland) Act 1972" and insert "that Act"

Page 85, line 34, leave out from "Act" to end of line 36 and insert "(provisions relating to complaints), for the word "other" there shall be substituted the words "by some body or" (2) In subsection (4) of that section at the end there shall be inserted the words "; by the".

Page 86, line 4, leave out "Northern Ireland" and insert "Wales".

Page 86, line 5, after "48(5)" insert ",50(1), paragraphs 104, 128, 130, 143 to 145 and 152 of Schedule 6, Schedule 7 so far as it relates to paragraphs 3 and 5 of Schedule 3 to the Redundancy Payments Act 1965"

Page 86, line 6, at end insert— 140A. After section 65(3) of that Act there shall be inserted the following subsection—

(4) The following provisions of this Act shall extend to Northern Ireland, namely, this subsection, sections 42(4), 47, 48(5), 50(1), paragraphs 104, 128, 130, 143 to 145 and 152 of Schedule 6 and subsection (1) of this section so far as it relates to the other provisions mentioned in this subsection.

140B. In Schedule 6 to that Act (minor and consequential amendments to enactments), after paragraph 20 there shall be inserted the following paragraph—

20A. In section 18(5) (application to Scotland of provisions in respect of superannuation of officers of certain hospitals). at the end there shall be added the words", for the reference to Regional Hospital Boards or Area Health Authorities of a reference to Health Boards and for the reference to services under the National Health Service Acts 1946 to 1973 of a reference to services under the National Health Service (Scotland) Acts 1947 to 1973"

140C. In Schedule 6 to that Act (minor and consequential amendments to enactments), after paragraph 156 there shall be inserted the following paragraph:

The Road Traffic Act 1972

156A.—(1) In section 156(1)(c) of the Road Traffic Act 1972 (which provides that payment for hospital treatment of a traffic casualty will be made payable to the Secretary of State or to a Regional Hospital Board or Board of Management), for the words from "Regional" to "Management" there shall be substituted the words "Health Board"."

Page 86, line 15, after "authority" insert— (a) for the placing at the disposal of the Regional or Area Health Authority or special health authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority; (b)

Page 86, line 19, at end insert "but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him"

Page 86, line 19, at end insert: (2) After section 113(2) of that Act there shall be inserted the following subsection: (3) An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities' functions

Page 86, line 19, at end insert: "136. In section 261(7) of that Act (which relates to the remuneration which officers of local authorities are to be deemed to be receiving for the purposes of the provisions of that Act relating to the transfer of officers and compensation for loss of office), after the words "loss of office" there shall be inserted the words "or for the purposes of the provisions of the National Health Service Reorganisation Act 1973 relating to the transfer of officers and the provisions of section 24 of the Superannuation Act 1972 (which among other things relate to compensation for loss of office)"".

Schedule 5, page 87, line 7, column 3, at end insert "where it first occurs"

Schedule 5, page 87, line 29, column 3, at end insert "except section 6(4)"

Schedule 5, page 87, line 29, column 3, leave out lines 30 to 33.

Schedule 5, page 87, line 41, column 3, after "care"", insert "in subsection (2) the words "with the approval of the Minister""

Schedule 5, column 3, leave out lines 46 to 49.

Schedule 5, Page 88, line 30, column 3, leave out "(2)" and insert ",subsection (1) and in subsection (2) the words "except regulations made under section 68" and"

Schedule 5, Page 88, column 3, leave out lines 49 to 52.

Schedule 5, Page 88, line 38, column 3, leave out "entry relating to the" and insert "definition of"

Schedule 5, Page 88, line 59, column 3, at end insert— (except so much of the entry relating to section 244 of that Act as ends with the word "Minister")

Schedule 5, page 89, column 3, leave out lines 11 to 14 and insert "Section 47(10)"

Schedule 5, page 89, line 15, column 3, leave out "9(2)" and insert "6(3)".

Schedule 5, page 89, column 3, leave out line 16 and insert— In Schedule 3, the entry relating to the National Health Service Act 1946.

Schedule 5, page 89, line 22, column 3, after "of" insert ",and Schedule 3 to,"

Schedule 5, page 89, line 35, column 3, leave out "and 27" and insert ",27 and 33"

Schedule 5, page 89, line 41, column 3, at beginning insert— In section 12(1) the words "situated in such hospital area".

Schedule 5, page 89, line 46, at end insert "and paragraph 3"

Schedule 5, page 90, leave out lines 5 to 8.

Schedule 5, page 90, line 19, column 3, after "authority"" insert "and the words "in the area of the authority""

Schedule 5, page 90, line 20, column 3, at end insert— 5, "In section 37(2)(a) the words "or board".

Schedule 5, page 90, line 50, column 3, at beginning insert— Schedule 5, "Section 32(1) to (6)

Schedule 5, page 90, line 52, coulumn 3, leave out from "words" to end of line 53 and insert "from "and in section 20(2)(c) "onwards"

Schedule 5, page 91, line 22, column 3, leave out "34(1)" and insert "48(2)".

Schedule 5, column 3, leave out lines 43 to 48.

Schedule 5, page 92, line 2, column 3, leave out "entry relating to" and insert "definition of"

Schedule 5, page 92, line 8, column 3, at end insert— and the words from "section 4" to "1967". Schedule 5, In section 64(3)(a), the words "the National Heath Service (Family Planning) Act 1967"

Schedule 5, line 9, column 3, after "65" insert "in subsection".

Schedule 5, line 9, line 11, column 3, at end insert "and in subsection (3)(b) the words "the National Health Service (Family Planning) Act 1967"".

Schedule 5, line 9, line 18, column 3,leave out "entries" and insert "entry".

Schedule 5, line 29, column 3, leave out from "the" to "and" in line 31 and insert "word "10"".

Schedule 5, line 29, line 32, at end insert—

("1969 c. 47.
The Nurses Act 1969.
In section 6, the words from the beginning to "(in Scotland)""

Schedule 5, line 29, line 36, column 3, leave out "entry" and insert "entries".

Schedule 5, line 29, line 49, column 3, at end insert "and (c)".

Schedule 5, line 29, column 3, leave out line 56 and insert", 98 to 100, in paragraph 130 the words from "for paragraph 1" to "and", and paragraphs 103, 131. 133. 142 and 153.".

Schedule 5, page 93, line 9, column 3, leave out "and 23" and insert "23, 78, 79 and 80".

LORD ABERDARE

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 130 to 243.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord A berdare.)

On Question, Motion agreed to.