HL Deb 20 March 1997 vol 579 cc1086-91

75 Page 38, line 25, at end insert—

(" .—(1) Section 26 is amended as follows.

(2) For subsection (2) substitute—

"(2) The Secretary of State may supply or make available to persons—

  1. (a) providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or
  2. (b) providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part, such goods, materials or other facilities as may be prescribed."

(3) In subsection (4), after the words "pharmaceutical services" at the end of paragraph (a) insert—

"(aa) persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,".").

76 Page 38, line 25, at end insert—

(" . After section 28G insert—

"Immunisation.

28H. Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 28C arrangements an opportunity to participate in the arrangements for vaccination or immunisation."").

77 Page 38, line 25, at end insert—

(" . After section 28H insert—

"Use of accommodation.

281. If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services."").

78 Page 39, line 2, at end insert—

(" . In section 50, after "whom" insert "general ophthalmic".")

79 Page 39, line 18, at end insert—

(" . In section 85(1), references to functions conferred or imposed by or under the 1977 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations and directions are accordingly to be construed as including regulations or directions under this Act.")

80 Page 39, line 18, at end insert—

(" . In section 86, the reference to a function conferred by virtue of the 1977 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by virtue of this Act.")

81 Page 39, line 25, at end insert—

(" . In section 102(1)(a)(iii) and (2)(b), after "section 32 above" insert "or by regulations which make provision in relation to section 28C arrangements of a kind that may be made by regulations under section 32 above".")

82 Page 39, line 25, at end insert—

(" . In section 103(1)(a) after "Act" insert "or in accordance with section 28C arrangements".")

83 Page 39, line 25, at end insert—

(" . In section 105(2)(a) after "examined" insert "or as part of his duty to perform personal medical services for that person in accordance with section 28C arrangements".

85 Page 39, leave out line 27

84 Page 39, line 25, at end insert—

(" . In section 126(3), after "under" insert "or by virtue of".")

86 Page 39, line 32, after ("services" ") insert ("(except in section 29)")

87 Page 39, line 33, at end insert—

(" .—(1) In Schedule 9, paragraph 5A is amended as follows.

(2) In sub-paragraph (2), after "sub-paragraph (1)(c) above" insert "as it has effect in relation to the functions mentioned below")

(3) After sub-paragraph (2) insert—

"(2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates." ").

88 Page 41, line 22, at end insert—

(" . In section 3(1), omit from ", for the purpose of to the end.")

89 Page 41, line 22, at end insert—

(" . In section 12A, after subsection (4) insert—

"(4A) The functions of an NHS trust also include power to provide services in accordance with section 17C arrangements, and to do so as a member of a qualifying body (within the meaning of section 17CA)." ").

90 Page 41, line 22, at end insert—

(" . In section 15(1)(a) —

(a) after "persons" insert "—

(i)"; and

(b) after "Part II" insert "; or

(ii) providing, in accordance with section 17C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part or Part III,".")

91 Page 41, line 22, at end insert—

(" . In section 17A(2), at the end insert "and in this Act "health service body" means any of those persons or bodies".")

92 Page 41, line 22, at end insert—

(" . After section 17G insert—

"Immunisation.

17H. Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against any disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 17C arrangements an opportunity to participate in the arrangements for vaccination or immunisation."").

93 Page 41, line 22, at end insert—

(" . After section 17H insert—

"Use of accommodation.

171. If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 17C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services."").

94 Page 41, line 39, after ("17C(", insert ("arrangements")

95 Page 41, line 40, leave out from ("means") to end of line 44 and insert ("—

  1. (a) in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner's list of 1089 patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list);
  2. (b) in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list)." ")

96 Page 42, line 22, at end insert—

(". In section 34, after "whom" insert "general ophthalmic".")

97 Page 42, line 38, at end insert—

(". In section 77(1), references to functions conferred or imposed by or under the 1978 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations, schemes, proposals and directions are accordingly to be construed as including regulations, schemes, proposals or directions under this Act.")

98 Page 42, line 38, at end insert—

(". In section 78, the reference to a function conferred by or under the 1978 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by or under this Act.")

99 Page 43, line 12, leave out from (""practice patient"") to end of line 16 and insert (", in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list)." ")

100 Page 43, line 16, at end insert—

(" .—(1) Section 87D is amended as follows.

(2) In subsection (1), for "subsection (2)" substitute "subsections (2) and (8)".

(3) In subsection (3)—

  1. (a) in paragraph (a), after "who" insert "is on the medical list of a Health Board and"; and
  2. (b) for paragraph (b) substitute—

"(b) in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Board;".

(4) After subsection (7) insert—

"(8) This section does not apply in relation to the performance or provision of personal medical services in accordance with section 17C arrangements."").

101 Page 43, line 16, at end insert—

(" . In section 88(1)(d) and (2)(e), after "section 22" insert "or by regulations which make provision in relation to section 17C arrangements of a kind that may he made by regulations under section 22".")

102 Page 43, leave out line 18

103 Page 43, line 19, leave out ("within the meaning or) and insert ("specified in")

104 Page 43, line 23, after ("services" ") insert ("(except in section 19)")

105 Page 43, line 24, at end insert—

(" . —(1) In Schedule 8, paragraph 8 is amended as follows.

(2) In sub-paragraph (2), after "sub-paragraph (1)(c) above" insert "as it has effect in relation to the functions mentioned below")

(3) After sub-paragraph (2) insert—

"(2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates." ").

106 Page 45, line 8, at end insert—

("The Medical Act 1983 (c.54)

—(1) The Medical Act 1983 is amended as follows.

(2) In section 11(4), in the definition of "approved", for ", in relation to a hospital or institution," substitute "(except in subsection (5))".

(3) In section 13—

  1. (a) in subsection (1), for "approved hospital or approved institution" substitute "approved hospital, approved institution or approved medical practice";
  2. (b) in subsection (2), for "hospital or institution" substitute "hospital, institution or medical practice";
  3. (c) in subsection (3)(a), for "an approved hospital or an approved institution" substitute "an approved hospital, an approved institution or an approved medical practice".
  4. (4) In section 15(3), for "approved hospitals or approved institutions" substitute "approved hospitals, approved institutions or approved medical practices".
  5. (5) In section 21(3), for "approved hospitals or approved institutions" substitute "approved hospitals, approved institutions or approved medical practices".")

107 Page 46, line 3, at end insert—

("() In section 5, after subsection (6) insert—

"(6A) The functions of an NHS trust also include power to provide services in accordance with arrangements made under section 28C of the principal Act, and to do so as a member of a qualifying body (within the meaning of section 28CA of that Act)." ").

108 Page 46, line 24, leave out from (""practice patient"") to end of line 28 and insert (", in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with arrangements made under section 28C of the principal Act, an individual who is on that single list)." ")

109 Page 46, line 28, at end insert—

("() In section 18(1) for "subsection (2)" substitute "subsections (2) and (8)".

() In section 18(3)—

  1. (a) in paragraph (a), after "who" insert "is on the medical list of a Health Authority and"; and
  2. (b) for paragraph (b) substitute—

"(b) in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Authority;".

() After section 18(7) insert—

"(8) This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act."").

110 Page 46, line 28, at end insert—

("() In section 62(7), after paragraph (a)(i) in the definition of "services" insert—

"(ia) arrangements made under section 28C of that Act;".")

111 Page 47, line 34, leave out ("1977") and insert ("1978")

112 Page 47, line 37, after ("Service") insert ("(Scotland)")

113 Schedule 3, page 49, line 34, column 3, at beginning insert—

("In section 3(1), the words from ", for the purpose of to the end.")

114 Page 50, line 12, column 3, at beginning insert ("Section 12(1)(c).")

115 Page 50, line 15, column 3, after ("paragraphs") insert ("6(c),")

Baroness Cumberlege

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 61 to 115 en bloc. I have already spoken to these amendments. I commend them to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 61 to 115 en bloc.—(Baroness Cumberlege.)

On Question, Motion agreed to.