HL Deb 17 June 1999 vol 602 cc478-83

89 Clause 60, page 67, line 5, leave out ("accordingly comes into force") and insert ("comes into force on 1st July 1999 or, if later").

90 Page 67, line 6, at end insert— ("() Subsection (1) does not apply to section 59, of which—

  1. (a) subsections (1) and (3) to (6) come into force on the day on which this Act is passed,
  2. (b) subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.").

91 Clause 61, page 67, line 15, leave out ("Section 21 extends") and insert ("Sections (Arrangements with Ministers) and 21 extend").

92 Page 67, line 16, at end insert ("and Northern Ireland").

93 Page 67, line 16, at end insert— ("() The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.").

94 Clause 62, page 67, line 18, leave out subsection (2).

95 Schedule 1, page 68, line 34, leave out ("any such") and insert ("the").

96 Page 68, line 35, leave out ("Primary Care Trust") and insert ("authority").

97 Page 70, line 46, leave out from beginning to end of line 7 on page 71 and insert— ("13.—(1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Primary Care Trust of any function exercisable by it by virtue of section 16B or 17A above are enforceable by or (as the case may he) against that trust (and no other health service body). (2) This paragraph does not apply in relation to the joint exercise of any functions by a Primary Care Trust with another body under section 16B(2)(c) above.").

98 Schedule 2, page 78, line 1, leave out paragraph 20.

99 Schedule 3, page 79, line 34, leave out from second ("Parliament") to end of line 35 and insert— ("(a) the Secretary of State's duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and (b) sub-paragraph (4) shall apply instead of sub-paragraph (2).

  1. (4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.").

100 Schedule 4, page 80, line 31, at end insert—

("National Health Service Act 1966 (c. 8)

1A. Section 10 of the National Health Service Act 1966 (modification of prohibition of full-time salaried practitioner service) is omitted (and, accordingly, section 29(4) of the 1977 Act and section 19(3) of the 1978 Act continue to have effect).").

101 Page 81, line 8, at end insert—

("4A. In section 11 (Special Health Authorities), for subsection (1) there is substituted—

"(1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act." ").

102 Page 81, line 10, at end insert—

("5A. In section 15 (duty of Health Authority in relation to family health services), subsections (1B) to (1D) are omitted.").

103 Page 81, leave out lines 11 to 17 and insert—

("6. For section 16 (exercise of functions) there is substituted—

"Exercise of functions by Health Authorities and Special Health Authorities.

16.—(1) This subsection applies to functions which are exercisable by a Health Authority under or by virtue of this Act (including this section), the National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2) Regulations may provide for any functions to which subsection (1) above applies to be exercised—

  1. (a) by another Health Authority,
  2. (b) by a Special Health Authority, or
  3. (c) jointly with any one or more of the following: Primary Care Trusts and other Health Authorities.

  1. (3) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised—
    1. (a) by another Special Health Authority, or
    2. (b) jointly with one or more other Special Health Authorities.
  1. (4) Regulations may provide— 480
    1. (a) for any functions to which subsection (1) above applies to be exercised, on behalf of the Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Health Authority,
    2. (c) for any functions which, under section 16D below or this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,
    3. (d) for any functions exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint sub-committee or joint sub-committee." ").

104 Page 85, line 38, after ("arrangements)") insert ("—

(a) in subsection (1), after paragraph (b) there is inserted—

"(ba) Primary Care Trusts,",.

(b)").

105 Page 86, line 3, at end insert ("section 28EE(2) above,").

106 Page 86, line 7, leave out from ("for") to end of line and insert (""11 to 17" there is substituted "16D to 17B".").

107 Page 86, line 12, leave out from ("(4),") to end of line 13 and insert ("for "incidental or supplemental" there is substituted "supplementary, incidental, consequential, transitory, transitional or saving".").

108 Page 86, leave out line 14 and insert—

(".—(1) Section 128 (interpretation) is amended as follows.

(2) In subsection (1)—").

109 Page 86, line 22, at end insert—

("(3) After that subsection there is inserted—

"(1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Health Authority, Special Health Authority or Primary Care Trust."").

110 Page 86, leave out lines 39 to 47 and insert—

(""15.—(1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body).

(1A) This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above." ").

111 Page 87, leave out lines 39 to 44.

112 Page 90, line 17, at end insert—

(". In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)—

  1. (a) the "and" after paragraph (c) is omitted,
  2. (b) after paragraph (d) there is inserted "and
  3. (e) Special Health Boards".").

113 Page 90, line 25, at end insert— ("56A. In section 105(7) (orders, regulations and directions) for "incidental or supplemental" there is substituted "supplementary, incidental, consequential, transitory, transitional or saving".).

114 Page 90, line 34, at end insert— ("() in paragraph 16(c), the words from "which purposes shall include" to the end are omitted,").

115 Page 91, line 23, leave out ("for").

116 Page 91, line 23, leave out from ("special") to ("services") in line 26 and insert ("hospital" is omitted, after "above)" there is inserted "in a hospital at which high security psychiatric services are provided" and for "other special hospital" there is substituted "other hospital at which those").

117 Page 91, line 28, leave out from ("for") to ("which") in line 30 and insert (""which is not a special hospital" there is substituted "at").

118 Page 92, line 42, leave out (""13"") and insert (""11 or 13"").

119 Page 93, line 30, at end insert— ("75A. Section 18 (indicative amounts for doctors' practices) is omitted.").

120 Page 95, line 32, at end insert—

("Audit Commission Act 1998 (c. 18)

85. In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (I)(a), for "(2B) (NHS trusts) or (2B) (fund-holding practices)" substitute "or (2B)".").

121 Schedule 5, page 95, line 38, at end insert—

("1966 c. 8.

The National Health Service Act 1966.

Section 10.").

122 Page 95, line 38, at end insert—

("1973 c. 65. The Local Government (Scotland) Act 1973. In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii), subsection (2A) and in subsection (2B) the definitions of "recognized fund-holding practice" and "allotted sum".").

123 Page 95, line 42, column 3, at end insert—

("Section 15(1B) to (1D).").

124Page 96, line 4, column 3, at end insert—

("Section 28E(4).").

125 Page 96, line 4, column 3, at end insert—

("In section 44(1), paragraphs (a) and (b) and "the Local Medical Committee, the Local Dental Committee". In section 45(2), "(including travelling and subsistence allowances payable to its members)".").

126 Page 96, line 21, column 3, at end insert—

("In section 98, the subsection numbered (2B) which was inserted by section 20(2)(b) of the 1990 Act.").

127 Page 96, line 27, column 3, leave out ("definition of) and insert ("definitions of "fund-holding practice" and").

128 Page 96, line 31, column 3, at end insert—

("In Schedule 15, paragraph 37.").

129 Page 96, line 46, column 3, after ("6(2),") insert ("in paragraph 16(c) the words from "which purposes shall include" to the end,").

130 Page 96, line 52, column 3, at end insert—

("In Schedule 16, paragraph 22.").

131 Page 96, line 55, column 3, at end insert—

("In section 123(1), "in a special hospital".").

132 Page 97, line 17, column 3, after ("4,") insert ("subsection (2)(f),").

133 Page 97, line 28, column 3, leave out ("17") and insert ("18").

134 Page 97, line 28, column 3, at end insert—

("Section 20(2)(b).").

135 Page 97, line 28, column 3, at end insert—

("Sections 34 and 35").

136 Page 97, line 40, column 3, at end insert—

("In section 15, subsection (1A) and, in subsection (1B), the words following "patients".").

137 Page 97. line 46, column 3, after ("4,") insert ("6(c) and (d), 34, 50(c), 58(b),").

138 Page 97, line 46, column 3, after ("72") insert ("to 77").

139 Page 97, line 46, column 3, at end insert—

("In Schedule 2, paragraph 13(5).").

140 Page 97, line 46, at end insert—

("1995 c.31. The National Health Service Section 1.
(Amendment) Act 1995. Section 2(2).
Section 3.
Section 7 and 9.").

141 Page 98, line 4, column 3, after ("paragraphs") insert ("4(3) and (4),").

142 Page 98, line 5, column 3, at end insert (", 65(3) to

(10), 69, 71(4), 77 and 78.").

143 Page 98, line 5, at end insert—

("1998 c. 18. The Audit Commission Act 1998. Section 6(3).
In section 53(1), the definitions of "allotted sum" and "recognized fund-holding practice" and, in the definition of "health service body", paragraph (b) and "or" preceding it.
In section 53(3), paragraph (b) and "and" preceding it.
In Schedule 2, paragraph 3.").

144 In the Title, line 4, leave out from ("functions") to ("confer") in line 6.

Baroness Hayman

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 89 to 144 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. 89 to 144 en bloc. (Baroness Hayman.)

On Question, Motion agreed to.