House of Lords

Session 2000-01 Publications on the internet Delegated Powers and Deregulation Committee Publications

Delegated Powers and Deregulation - Twelfth Report Here you can browse the report which was ordered by the House of Lords to be printed 7 March 2001.

CONTENTS REPORT HEALTH AND SOCIAL CARE BILL INTRODUCTION ENTRY AND INSPECTION OF PREMISES ABOLITION OF COMMUNITY HEALTH COUNCILS CLAUSE 67 (CONTROL OF PATIENT INFORMATION) The powers in Clause 67 and the parliamentary control provided for them The history of subsections (1) and (2) Consultation and the availability of draft regulations The purpose of the power The width of the power Opinion of the Committee Clause 67(3) OTHER SIGNIFICANT POWERS RECOMMENDATION APPENDIX ANNEX HEALTH AND SOCIAL CARE BILL Memorandum by the Department of Health INTRODUCTION MAIN PROVISIONS OVERVIEW OF THE DELEGATED POWERS THE RATIONALE FOR DELEGATED POWERS IN THE BILL TYPE OF PARLIAMENTARY SCRUTINY REGULATIONS ORDERS DIRECTIONS CLAUSE BY CLAUSE SUMMARY PART 1: THE NATIONAL HEALTH SERVICE Clause 1: Determination of allotments to and resource limits for Health Authorities and Primary Care Trusts Clause 2: Payments relating to past performance Clause 3: Supplementary payments to NHS trusts and Primary Care Trusts Clause 4: Public Private Partnerships Clause 5: income generation Clause 6: Terms of employment by health service bodies Clause 7: Functions of overview and scrutiny committees Clause 8: Joint overview and scrutiny committees Clause 9: Overview and scrutiny committees: exempt information Clause 10: Application to the City of London Clause 11: Public involvement and consultation Clause 12: Establishment of Patients' Forums Clause 13: Patients' Councils Clause 14: Patients' Forums: entry and inspection of premises Clause 15: Patients' Forums: annual reports Clause 16: Patients' Forums: supplementary Clause 17: Independent advocacy services Clause 18: Abolition of Community Health Councils in England Clause 19: Power to abolish Community Health Councils in Wales Clause 20: Intervention orders Clause 21: Abolition of Medical Practices Committee Clause 22: Vacancies for medical practitioners Clause 23: Abolition of the NHS Tribunal Clause 24: Remuneration of general medical practitioners Clause 25: Out of hours medical services Clause 26: Enhanced criminal record certificates Clause 27: Unsuitability for inclusion in medical, dental, ophthalmic and pharmaceutical etc. lists Clause 28: Conditional inclusion in medical, dental, ophthalmic, and pharmaceutical lists Clause 29: Dental corporations Clause 30: Declaration of financial interests, gifts etc. Clause 31: Supplementary lists Clause 32: Suspension and disqualification of practitioners Clause 33: PMS and PDS lists Clause 34: The Family Health Services Appeal Authority PART II: PHARMACEUTICAL SERVICES Chapter 1: Local Pharmaceutical Services Clause 35: Pilot Schemes Clause 36: (Making Pilot Schemes) Schedule 2 (Pilot Schemes) Clause 37 (Designation of priority neighbourhoods or premises) Clause 38: Reviews, variations and termination of pilot schemes Clause 39: Variation and termination of pilot schemes Clause 40: NHS Contracts Clause 41: Funding of Preparatory Work Clause 42: Charges, recovery of payments and penalties Clause 43: Effect of the 1977 Act Clause 44: Premises from which piloted services may be provided Clause 45: Control of Entry Regulations Clause 46: Assessing the result of pilot schemes Clause 47: Provision for LPS schemes Schedule 3 Clause 48: Corresponding provision and application of enactments Chapter 2: Changes to Existing Arrangements Clause 49: Dispensing of NHS prescriptions and provision of pharmaceutical services Clause 50: Remote provision of pharmaceutical, etc. services Clause 51: Dispensing of NHS Prescriptions (Scotland) PART III: CARE TRUSTS Clause 52: Care Trusts where voluntary partnership arrangements Clause 53: Care Trusts where directed partnership arrangements Clause 54: Further provisions about directions in connection with Care Trusts Clause 55: Transfer of staff in connection with partnership arrangements Schedule 4: Partnership arrangements: transfer of staff PART IV: SOCIAL CARE Clause 56: Exclusion of nursing care from community care services Clause 57: Preserved rights: transfer to local authorities of responsibilities as to accommodation Clause 58: Preserved rights: disclosure of information Clause 59: Preserved rights: alignment of social security benefits Clause 60: Disregarding of resources when determining need for residential accommodation Clause 61: Funding by resident etc. of more expensive accommodation Clause 62: Power for local authorities to take charges on land instead of contributions Clause 63: Cross-border placements Clause 64: Direct payments Clause 65: Direct Payments in respect of Children Clause 66: Interpretation of Part IV PART V: MISCELLANEOUS AND SUPPLEMENTARY Clause 67: Control of Patient Information Clause 68: Extension of prescribing rights Supplementary Clause 69: Regulations and Orders Clause 70: Supplementary and consequential provision etc. Clause 71: Interpretation Clause 72: Minor and consequential amendments and repeals Clause 73: Powers of National Assembly for Wales under amended Acts Clause 74: Financial Provision Clause 75: Commencement Letter from the Department of Health Letter from the Association of the British Pharmaceutical Industry Briefing by the Association of the British Pharmaceutical Industry Letter from IMS Health Ltd Briefing from IMS Health Ltd ANNEX EXAMPLES WHERE COMMERCIAL DATA HAS BENEFITED HEALTHCARE. Further Letter from IMS Health Ltd Letter from NDC Health Ltd Letter from Sir Michael Partridge Letters from the Regional Association of London Community Health Councils to Gisela Stuart, MP, Parliamentary Under Secretary of State at the Department of Health Letter from the Regional Association of London Community Health Councils to the Chairman Letter from various interested parties

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