HL Deb 19 June 1995 vol 565 cc15-6

3.22 p.m.

Read a third time.

Clause 14 [Short title, etc:]

The Parliamentary Under-Secretary of State, Department of Health (Baroness Cumberlege) moved the following amendment:

Page 11, line 12, after ("2") insert (", 3").

The noble Baroness said: My Lords, as the Bill stands, Clause 14(5) provides that references to a health authority or authorities in Clauses 2 and 6 shall, until 1st April 1996, be construed as references to a family health services authority or family health services authorities. The intention is to allow those clauses to come into force before the Health Authorities Act comes into force.

However, there is also reference to health authorities in Clause 3. Under the present law only family health services authorities administer lists of practitioners undertaking to provide those services. Family health services authorities are not health authorities within the meaning of the National Health Service Act 1977. Therefore, the effect of passing the Bill unamended would be to make any tribunal directions on disqualification from lists meaningless from the commencement of the Act until 1st April 1996.

It is true that Clause 14(3) of the Bill would allow the Secretary of State to make a separate order to bring the Act into force and to appoint different days for different clauses. If the Bill is not amended and Clause 3 is not commenced until April 1996, the effect would simply be to maintain for the time being a practitioner's unrestricted right of appeal to the Secretary of State against a tribunal direction that he or she be disqualified. However, we believe that it is desirable to make the correction now to preserve in full the intention of the sponsors. The amendment merely brings Clause 3 within the ambit of Clause 14(5). I beg to move.

Lord Carter

My Lords, this amendment was obviously required to the Bill as drafted. I dealt with the matter from this Dispatch Box at Second Reading, and I am happy to say that we agree with the amendment. I am grateful to the Minister for her explanation.

On Question, amendment agreed to.

Baroness Gardner of Parkes

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Baroness Gardner of Parkes.)

On Question, Bill passed, and returned to the Commons with an amendment.