HL Deb 01 February 1983 vol 438 cc787-98

Amendments of Social Security Act 1975

18A.—(1) The following subsection shall be substituted for section 108(2) of the Social Security Act 1975— (2) Subject to and in accordance with regulations, the disablement questions shall be referred to and determined by an adjudicating medical practitioner or by two or more adjudicating medical practitioners or by a medical appeal tribunal.". (2) In subsection (3) of that section, for the words "medical hoards" there shall be substituted the words "adjudicating medical practitioners". (3) The following subsections shall be substituted for subsection (4) of that section— (4) Where the case of a claimant for disablement benefit has been referred by the insurance officer to one or more adjudicating medical practitioners for determination of the disablement questions and, on that or any other subsequent reference, the extent of the disablement is provisionally assessed, the case shall again be referred under this section, to one or more adjudicating medical practitioners as regulations may provide for the purposes of such subsequent references, not later than the end of the period taken into account by the provisional assessment. (5) In the following provisions of this Act "adjudicating medical practitioner" means, in relation to any case, one such practitioner, unless regulations applicable to cases of that description provide for references to more than one.".

18B. In section 109 of that Act—

  1. (a) in subsection (1), for the words "a medical board" there shall be substituted the words "an adjudicating medical practitioner";
  2. (b) in subsection (2)—
    1. (i) for the words "medical board" there shall be substituted the words "adjudicating medical practitioner"; and
    2. (ii) the proviso shall cease to have effect; and
  3. (c) in subsection (3), for the words "medical board" there shall be substituted the words "adjudicating medical practitioner".

18C. In section 110 of that Act—

  1. (a) in subsection (1) for the words "a medical board" there shall be substituted the words "an adjudicating medical practitioner":
  2. (b) in subsection (2), for the words "medical hoard if the board are" there shall be substituted the words "and adjudicating medical practitioner if he is";
  3. (c) in subsection (6)—
    1. (i) for the words "a medical board" there shall be substituted the words "an adjudicating medical practitioner";
    2. (ii) for the word "they" there shall be substituted the word "he"; and
    3. (iii) for the word "them" there shall be substituted the word "him"; and
  4. (d) in subsection (7), for the words "a medical board" there shall be substituted the words "an adjudicating medical practitioner".

18D. In section 113— (a) the following paragraph shall be substituted for subsection (2)(a)— (a) for the appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established):": (b) in subsection (2)(b), for the words "any such board or" there shall be substituted the words "specially qualified adjudicating medical practitioners or any such"; (c) in subsection (3)—

  1. (i) for the words from "member", in the first place where it occurs, to "established" there shall be substituted the words "specially qualified adjudicating medical practitioner appointed";
    2. 788
  2. (ii) for the word "member" in the second place where it occurs there shall be substituted the word "practitioner": and
  3. (iii) for the words "any such board or with the work" there shall be substituted the words "the work under this section of any such medical practitioner or".

18E. In section 115(2) of that Act, for the words "a medical board or a single medical practitioner acting in place of a medical board" there shall be substituted the words "or an adjudicating medical practitioner".

18F. In section 117 of that Act the words "an adjudicating medical practitioner or a" shall be substituted for the words "a medical hoard or" in subsections (3) and (4).

18G. In Schedule 12 to that Act—

(a) the following paragraph shall be substituted for paragraph 1—

"1. Adjudicating medical practitioners shall be appointed by the Secretary of State."; and (b) the following paragraphs shall be substituted for paragraphs 3 to 6—

"3. Subject to the foregoing paragraphs, the appointment of adjudicating medical practitioners and the constitution of medical appeal tribunals shall be determined by regulations.

4. The Secretary of State may pay to adjudicating medical practitioners and chairman and other members of medical appeal tribunals such remuneration and such travelling and other allowances, as he may determine.

5. The Secretary of State may pay to persons required to attend on the consideration of a case before an adjudicating medical practitioner or a medical appeal tribunal such travelling and other allowances as he may determine.

6. The Secretary of State may pay such other expenses as he may determine, being expenses incurred in connection with the work of adjudicating medical practitioners and medical appeal tribunals".

18H. In Schedule 20 to that Act the following definition shall be inserted at the appropriate point—

" "Adjudicating medical practitioner." Construe in accordance with section 108(5).".

Supplementary

18J. Any enactment passed before the coming into force of this paragraph and not amended by the foregoing provisions of this Part of this Schedule and any instrument made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this Part of this Schedule, as if—

  1. (a) for any reference to a medical board constituted under the Social Security Act 1975 there were substituted a reference to an adjudicating medical practitioner; and
  2. (b) for any reference to a special medical board established by virtue of regulations under section 113 of that Act there were substituted a reference to a specially qualified adjudicating medical practitioner.

18K. Documents and forms printed or duplicated for use in connection with medical hoards and special medical boards may be used notwithstanding that they contain references to such boards and those references shall be construed respectively as references to adjudicating medical practitioners and specially qualified adjudicating medical practitioners.").

The noble Lord said: My Lords, with your Lordships' permission perhaps I could speak to Amendments Nos. 64 and 93 together. These amendments serve two purposes. First, they provide for the removal of the present restriction on a claimant's rights of appeal to a medical appeal tribunal against some of the decisions of the adjudicating medical authority on the disablement questions. The claimant rights will be absolutely unfettered. Second, they provide for regulations to be made for the disablement questions to be determined in the first instance by one adjudicating medical practitioner where this is considered appropriate. Taken together, these provisions will considerably simplify and streamline the adjudication processes, will strengthen the position of claimants and will lead to substantial savings in administration costs. I beg to move.

On Question, amendment agreed to.

Clause 20 [Fees for certificates relating to notifiable diseases and food poisoning]:

9.30 p.m.

Lord Lyell moved Amendment No. 65: Page 20, line 27, at end insert— ("(2) The following section shall be inserted after section 71 of that Act— Fees for certificates relating to notifiable diseases and food poisoning. 71A.—(1). Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under—

  1. (a) section 3(1) of the Infectious Diseases (Notification( ) Act 1889 (notifications of infectious diseases);
  2. (b) regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases);
  3. (c) section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning).
(2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances. (3) A direction under this section may make provision in relation to fees payable after a date specified in the direction. (4) The date may be before or after the date of the direction but may not he before if it would be to the detriment of medical practitioners. (5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners. (6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate. (7) This section applies to Scotland only.".").

The noble Lord said: My Lords, this subsection has various purposes, but it is applicable to Scotland only. As in England and Wales, a fee is already payable for the notification of infectious diseases and food poisoning. The fee is, however, prescribed in regulations and can be varied only by statutory instrument. Subsection (1) of the new clause directs health boards to pay the fee to medical practitioners in accordance with a direction by the Secretary of State. Subsection (2) enables different fees to be payable in relation to different circumstances. While there has, since 1968, been only one level of fee, this flexibility is required—as in England and Wales—against the possibility that, for example, more information might at some future date be needed in respect of one disease than another, with the result that a higher fee for notifying that disease might in all the circumstances be appropriate. Subsections (3) and (4) enable, with an appropriate safeguard, the fee to be varied with retrospective effect. Subsection (5) provides that, before giving a direction as to a fee, the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners. The "proper body" in this context is the Joint Negotiating Body for Doctors in Community Medicine and the Community Health Service, under the aegis of which a number of other fees for broadly related work are already negotiated. I hope that explanation is reasonably clear, and I beg to move.

On Question, amendment agreed to.

Clause 23 [Minor and consequential amendments]:

Lord Trefgarne moved Amendment No. 66: Page 21, line 7, after ("in") insert ("Part I of").

The noble Lord said: My Lords, it may be for the convenience of the House if I speak also to Amendments Nos. 67 and 84. As your Lordships are aware, the main provisions in the Residential Homes Act 1980 relating to the registration, conduct and inspection of homes are being re-enacted and amended in Clause 6A and Schedule 2A to the Bill. This leaves the provisions under Sections 8 and 9 of the Residential Homes Act 1980 relating to the provisions of meals and recreation for old people by district councils. We consider that it is preferable to re-enact these provisions in the present Bill rather than to leave them as the sole remaining part of a then inappropriately titled Act. I hope your Lordships will agree, and I beg to move.

On Question, amendment agreed to.

Lord Trefgarne

moved Amendment No. 67: Page 21, line 10, at end insert— ("(2) Part II of that Schedule shall have effect in place of the provisions of the Residential Homes Act 1980 relating to meals and recreation for old people").

On Question, amendment agreed to.

Schedule 9 [Minor and consequential amendments]:

Lord Trefgarne

moved Amendment No. 68: Page 67, line 19, at end insert—

("MISCELLANEOUS AMENDMENTS").

The noble Lord said: This is consequential, my Lords. I beg to move.

On Question, amendment agreed to.

Lord Trefgarne

moved Amendment No. 69: Page 67, line 34, at end insert—

("National Assistance Act 1948 (c. 29).

2A. The following section shall be inserted after section 30 of the National Assistance Act 1948— Research. 30A. Without prejudice to any powers conferred on them by any other Act,—

  1. (a) the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and
  2. (b) a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.".").

The noble Lord said: My Lords, I will, with permission, speak at the same time to Amendments Nos. 81, 87, 92 and 99. Together, these amendments represent a minor piece of consolidation to prevent a solitary fragment of the Health Visitors and Social Work Training Act 1962 remaining loose on the statute book, a wholly undesirable arrangement. I beg to move.

On Question, amendment agreed to.

9.35 p.m.

Lord Lyell

moved Amendments Nos. 70 to 72: Page 67, line 34, at end insert— ("2A. In section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words "the Residential Homes Act 1980" there shall be substituted the words "Part I of Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983".")

Page 68, line 19, at end insert—

("Mental Health Act 1959 (c. 72)

6A. In section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from "home" to the end of the subsection there shall be substituted the words "care home within the meaning of Part I of Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983".") Page 69, line 4, at end insert—

("Local Authority Social Services Act 1970 (c. 7)

10A. At the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority) there shall be inserted the following entry—

"Health and Social Services Registration of residential care
and Social Security Adjudi- homes.".")
>cations Act 1983 (c.)
Part I of Schedule 2A.

The noble Lord said: My Lords, Amendments Nos. 70, 71 and 72 are all consequential upon Amendment No. 16, on which my noble friend spoke so eloquently earlier on. In his name I beg to move Amendments Nos. 70, 71 and 72 together.

On Question, amendments agreed to.

Lord Lyell moved Amendments Nos. 73 to 75:

Page 69, line 5, at end insert— ("10A. The following paragraph shall be substituted for paragraph 4 of Schedule 1 to the Tribunals and Inquiries Act 1971—

"Children's Homes Registration. 4. Registered HomesTrihunals constituted under Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983.".")

Page 69,line 7, leave out ("Schedule 1 to the Tribunals and Inquiries Act 1971") and insert ("that Schedule")

Page 69,line 10, at end insert—

("11A. The following paragraph shall be inserted after paragraph 21 of that Schedule—

"Nursing Homes and Mental Nursing Homes Registration. 21A. Registered Homes Tribunals constituted under Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983."

11B. The following paragraph shall be inserted after paragraph 28 of that Schedule—

"Residential Care Homes Registration. 28A. Registered Homes Tribunals constituted under Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983."

11C. In paragraph 30(A)(a) of that Schedule for the word "Local" there shall be substituted the words "Social security appeal".")

The noble Lord said: My Lords, I beg to move Amendments Nos. 73, 74 and 75 together, and I hope that your Lordships will bear with me if, at the same time, I speak also to Amendments Nos. 91 and 97, which are associated with the three earlier amendments. All these amendments are consequential upon the provisions in new Clause 6A, new Schedule 2A, Clause 19, and Schedule 8 for the establishment of registered homes tribunals and social security appeal tribunals. All these amendments insert references to the new tribunals in the Tribunals and Inquiries Act 1971. I beg to move.

On Question, amendments agreed to.

Lord Lyell moved Amendment No. 76: Page 69, line 10, at end insert—

("Local Government Act 1972 (c. 70)

11A. In subsection (1) of section 102 of the Local Government Act 1972 (appointment of committees) after the word "above" there shall be inserted the words "or section 31 of the Child Care Act 1980".")

The noble Lord said: My Lords, this amendment is consequential on Amendment No. 3, which we took earlier this afternoon. I beg to move.

On Question, amendment agreed to.

Lord Lyell moved Amendment No. 77:

Page 69, line 10, at end insert—

("Guardianship Act 1973 (c. 29)

11B. In subsection (4)(d) of section 4 of the Guardianship Act 1973 (provisions as to order committing care of minor to local authority) for the word "or" there shall be substituted the word "and".")

.The noble Lord said: My Lords, this amendment is consequential on paragraph 38 of Schedule 1 to the Bill, so as to maintain consistency of wording between the Guardianship Act 1973 and the Child Care Act 1980. I beg to move.

On Question, amendment agreed to.

Lord Lyell moved Amendments Nos. 78 to 82:

Page 69, leave out lines 24 to 26 and insert—

(" "A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.

The President of Social Security Appeal Tribunals and Medical Appeal Tribunals.

A regional or other full-time Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals." ")

Page 69, line 26, at end insert—

("Adoption Act 1976 (c. 36)

12A. In section 32(3) of the Adoption Act 1976 (meaning of "protected child") the following paragraph shall be substituted for paragraph (b)— (b) he is—

  1. (i) suffering from mental disorder within the meaning of the Mental Health Act 1959: and
  2. (ii) resident in a residential care home, within the meaning of Part I of Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983;".")

at end insert—

("Supplementary Benefits Act 1976 (c. 71)

In section 20(5) of the Supplementary Benefits Act 1976 for the words "Subsections (2) and (3)" there shall be substituted the words "Subsection (2)".")

Page 69, line 39, at end insert—

("14A. At the end of Schedule 8 to that Act (local social services authorities) there shall be added—

"Research

4. Without prejudice to any powers conferred on them by any other Act, a local social services authority may conduct or assist other persons in conducting research into matters relating to the functions of local social services authorities under this Schedule." ")

Page 70, line 16, at end insert—

("Foster Children Act 1980 (c. 6)

18. In subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from "home" to the end of the section there shall be substituted the words "care home within the meaning of Part I of Schedule 2A to the Health and Social Services and Social Security Adjudications Act 1983".")

The noble Lord said: My Lords, I hope that it will be for the convenience of your Lordships if I were to move Amendments Nos. 78, 79 and 80. These are all consequential. Amendments Nos. 78 and 80 are consequential on Amendment No, 61, to which I spoke earlier. Amendment No. 16 was the main starter amendment for Amendment No. 79. My noble friend tells me that Amendment No. 81 is also consequential, as is Amendment No. 82. Amendment No. 16 was the paving amendment for Amendment No. 82. So, with your Lordships' permission, I shall move Amendments Nos. 78 to 82 en bloc. They are all consequential.

On Question, amendments agreed to.

Lord Lyell moved Amendment No. 83:

Page 70, line 16, at end insert—

("Reserve Forces Act 1980 (c.9)

18. The following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers not liable to be recalled for service)—

"2. A person who is receiving treatment for mental disorder as an in-patient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.".")

The noble Lord said: My Lords, we now come to paragraph 2 of Schedule 2. This makes a reference to an area health authority. I fear that these bodies have now ceased to exist. The amendment corrects the anomaly and also, with the agreement of the Ministry of Defence, extends the provisions for the exemption from recall in to the Army and Air Force to include all mentally ill people who are receiving in-patient treatment under the supervision of a registered medical practitioner in a hospital or nursing home. I beg to move.

On Question, amendment agreed to.

Lord Lyell moved Amendment No. 84:

Page 70, line 16, at end insert—

("PART II

MEALS AND RECREATION FOR OLD PEOPLE

1. A district council shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere, and may employ as their agent for the purpose of this paragraph am voluntary organisation whose activities consist in or include the provision of meals or recreation for old people. 2. A district council may recover from persons availing themselves of any service provided under paragraph 1 above such charges (if any) as they consider reasonable, having regard to the means of the person from whom they are to recover them. 3. A district council may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—

  1. (a) by contributing to the funds of the organisation;
  2. (b) by permitting them to use premises belonging to the council on such terms as may be agreed; and
  3. (c) by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the council in connection with the premises or other things which they permit the organisation to use.
4.—(1) District councils shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph—
  1. (a) may provide for conferring on officers of the Secretary of State authorised under the regulations such powers of 794 inspection as may be prescribed in relation to the exercise of functions under this Part of this Schedule by or by arrangement with or on behalf of district councils; and
  2. (b) may make provision with respect to the qualifications of officers employed by district councils for the purposes of this Part of this Schedule or by voluntary organisations acting under arrangements with or on behalf of district councils for those purposes.
 (2) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 5. In this Part of this Schedule— functions" includes powers and duties; and voluntary organisation" means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.")

The noble Lord said: My Lords, this is consequential upon Amendment No. 66. I beg to move

On Question, amendment agreed to.

Clause 24 [Repeals and revocation]:

Lord Lyell moved Amendment No. 85:

Page 21, line 16, at end insert— ("(3) The following, namely—

  1. (a) Subsection (3) of section 8 of the Mental Health Act 1959 (which provides that subsection (2) of that section shall not affect the operation of the provisions of Part IV of the National Assistance Act 1948, relating to charities for disabled persons); and
  2. (b) Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority),
shall continue to have effect as amended by paragraphs 2(1) and 4(1) respectively of Schedule 1 to the Residential Homes Act 1980, notwithstanding the repeal of that Act by subsection (1) above.")

The noble Lord said: My Lords, this amendment is consequential upon Amendment No. 16, to which we spoke much earlier today. I beg to move.

On Question, amendment agreed to.

Lord Trefgarne moved Amendment No. 86: After Clause 24, insert the following new clause:

("Power to repeal or amend local Acts.

.—(1) The Secretary of State may by order—

  1. (a) repeal any provision of a local Act passed before or in the same Session as this Act if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any enactment contained in this Act or of regulations made under any such enactment;
  2. (b) amend any provision of such an Act if it appears to him that the provision requires amendment in consequence of any enactment contained in this Act or of regulations made under any such enactment or of any repeal made by virtue of the preceding paragraph;
and an order made in pursuance of this subsection may include such incidental or transitional provisions as the Secretary of State considers are appropriate in connection with the order. (2) It shall be the duty of the Secretary of State, before he makes an order in pursuance of subsection (1) above amending or repealing any provision of a local Act, to consult each local authority which he considers would be affected by the amendment or repeal of that provision. (3) The power to make orders conferred by subsection (1) above shall he exercisable by statutory instrument; and any statutory instrument made in the exercise of that power shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

The noble Lord said: My Lords, the effect of this amendment is to give the Secretary of State power to repeal by order any local Acts which are inconsistent with, or made unnecessary by, any provisions in the Bill or regulations made under the Bill. The Bill also imposes a duty to consult the local authorities affected. We know that there is some existing local legislation which will need to be repealed when this Bill is enacted. We shall be consulting local authorities to find out whether there are any local Acts of which we are not aware centrally. We aim to lay an order before your Lordships' House and in another place as soon as possible after Royal Assent. I understand that there are at least two precedents for this procedure. They are to be found in the Local Government Planning and Land Act 1980 and the Local Government (Miscellaneous Provisions) Act 1982. I beg to move.

On Question, amendment agreed to.

Schedule 10 [Repeals and Revocation]:

Lord Lyell Moved Amendments Nos. 87, 88 and 89: Page 70, column 3, leave out lines 35 to 38 and insert—

> ("The whole Act.")

Page 70,line 38, at end insert—

("1966 c. 42. Local Government Act 1966. In Part II of Schedule 3, paragraph 31.")

Page 71, line 3, column 3, at end insert—

("In section 78(1)(b) the words "and is engaged in remunerative employment".").

The noble Lord said: My Lords, I beg to move Amendments Nos. 87,88 and 89 en bloc. They are all consequential upon Amendments Nos. 69, 16 and 61.

On Question amendments agreed to.

Lord Lyell moved Amendments Nos. 90 to 99:

Page 71, leave out line 15, column 3.

Page 71,line 19, at end insert—

("1971 c. 62. Tribunals and Inquiries Act 1971. In Schedule 1, Paragraph 30B.")

Page 71,line 20, column 3, at end insert—

("In Schedule 23, paragaraph 12")

Page 71,line 23 at end insert—

("1975 c. 14 Social Security Act 1975. In section 109(2), the proviso. Section 111. In section 117(4), the second paragraph. In section 155(d)(iii), the words "medical board or ".")

Page 71,line 40, column 3, at end insert—

("Section 27(4) and (5). Section 28(8) and (9).")

Page 71,line 45, column 3, at end insert—

("In Schedule 3, paragraphs 29 and 30.")

Page 71,line 46, column 3, at beginning insert—

(" In section 12(4) the words from "and" onwards.")

Page 71,line 54, column 3, at end insert—

("In Schedule 7, paragraph 22(b) and the word "and" immediately preceding it.")

Page 71,line 54, at end insert—

("1977 c. 45. Criminal Law Act 1977. In Schedule 12, paragraph 1 of the entry relating to the Adoption Act 1976.")

Page 72, line 57, column 3, at end insert—

("In Schedule 15, paragraph 35. ")

The noble Lord said: My Lords, these amendments are consequential on Amendment No. 61. I beg to move these amendments en bloc.

On Question, amendments agreed to.

Lord Trefgarne moved Amendment Nos. 100 to 107:

Page 73, line 2, column 3, at end insert—

("Section 27(4) and (5).
Section 28(8) and (9).")

leave out line 29.

column 3, leave out lines 39 and 40 and insert—

("The whole Act.")

Page 74, line 30, after ("79,") insert ("paragraph 82(2) and (3)")

Page 74, line 32, after ("3") insert (", in subsection ")

Page 74, line 34, at end insert ("and subsections (6) and (8)")

Page 74, line 35, at end insert ("and (5)")

Page 74, line 35, at end insert—

("Section 7.
Section 12.")

The noble Lord said: My Lords, I should like to move Amendments Nos. 100 to 107 en bloc. They are all consequential.

The Deputy Speaker (Lord Ampthill)

I should draw the attention of the House to a misprint in the Marshalled List. Amendment No. 107 should read— Page 74, line 35, at end insert—".

On Question, amendments agreed to.

Clause 25 [Commencement]:

Lord Trefgarne moved Amendment 108: Page 21, line 17, leave out ("Part VI of Schedule 8 to this Act") and insert ("This section and sections 26 and 27 below")

The noble Lord said: My Lords, with permission, I should like to speak to Amendments Nos. 108, 110 and 111. The combined effect of these amendments is to remove the present very complex commencement clause and substitute a simple order-making power to enable different provisions to be brought into operation on different days. In doing so, I hope to anticipate points on Amendment No. 109 which I believe my noble friend Lord Renton might have raised had he been here. Having said that, and in the absence of my noble friend, I beg to move Amendment No. 108.

On Question, amendment agreed to.

[Amendment No. 109 not moved.]

Lord Lyell moved Amendments Nos. 110 and 111: Page 21, line 19, leave out ("The following") and insert ("Subject to subsection (1) above, the") leave out from beginning of line 24 to end of the clause.

The noble Lord said: My Lords, Amendments Nos. 110 and 111 are consequential to Amendment No. 108, to which my noble friend has just spoken. I beg to move.

On Question, amendments agreed to.

Clause 26 [Extent]:

Lord Lyell Moved Amendment No. 112: Page 22, leave out line 20. The noble Lord said: My Lords, this is a consequential amendment upon the provisions (which have been amended) of Clause 16(1). This now extends the provision of Clause 16 itself to Scotland. I beg to move.

On Question, amendment agreed to.

Lord Lyell moved Amendments Nos. 113, 114 and 115:

Page 22, line 20, at end insert— ("(1A) The following provisions of this Act—

  1. (a) section 5 and paragraphs 11 and 12 of Schedule 1;
  2. (b) Part III and Schedule 2;
  3. (c) section 11(1) (except paragraphs (b) and (c)) and paragraph 1 of Schedule 6;
  4. (d) section 19(2) and paragraph 19(6) of Schedule 8;
  5. (e) section 21 (except paragraphs (a) and (c)), extend to Northern Ireland.")

Page 22, line 21, at beginning insert ("Subject to subsection (3) below,")

Page 22,line 24, at end insert— ("(3) Where the Act makes—

  1. (a) an amendment of an enactment contained in an Act which makes special provision for extending or applying enactments contained in it to the Isles of Scilly; or
  2. (b) an addition to such an Act,
the provision for extending or applying enactments shall authorise the extension or application of the amended enactment or addition to the Isles. (4) Subsection (3) above applies to an amended enactment whether or not the enactment was extended or applied to the Isles before it was amended. (5) Subject to subsections (2) to (4) above, this Act shall, in its application to the Isles, have effect subject to such extensions, adaptions and modifications as the Secretary of State may by order made by statutory instrument prescribe. (6) Any statutory instrument made in exercise of the power conferred by subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

The noble Lord said: My Lords, with permission, I should like to move Amendments Nos. 113, 114 and 115 en bloc. These are technical amendments and provide for the application of the relevant sections of the Bill to Northern Ireland and to the Isles of Scilly. I beg to move.

On Question, amendments agreed to.

Clause 27 [Short title]:

[Amendment No.116 not moved.]

In the Title:

Lord Lyell moved Amendment No. 117: Line 17, after ("adjudication") insert ("to make further provision for fees for medical practitioners' certificates relating to notifiable diseases and food poisoning") The noble Lord said: My Lords, this last amendment is a consequential amendment to the Long Title of the Bill. At an earlier stage the Committee agreed to include a new clause in the Bill dealing with the fees paid to medical practitioners for the notification of infectious diseases. We find this now as Clause 20. The Long Title needs to be amended to provide for the new clause. I beg to move.

On Question, amendment agreed to.