Schedule 1 - English Health Authorities: change of name

NHS Reform and Health Care Professions Bill – in a Public Bill Committee at 6:15 pm on 27th November 2001.

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Photo of John Hutton John Hutton Minister of State, Department of Health, Minister of State (Department of Health) (Health) 6:15 pm, 27th November 2001

I beg to move amendment No. 95, in page 47, line 5, at end insert—

``In section 125 (protection of members and officers of authorities), before paragraph (a) there is inserted—

`(za) a Strategic Health Authority;'.''.

Photo of Ann Widdecombe Ann Widdecombe Conservative, Maidstone and The Weald

With this it will be convenient to take Government amendment No. 96.

Photo of John Hutton John Hutton Minister of State, Department of Health, Minister of State (Department of Health) (Health)

I acknowledge that the amendments are extensive, but they are technical and minor. They simply tidy up loose ends to ensure that references to health authorities in a wide variety of statutes are fully reflected in the Bill. I can assure the Committee that they raise no substantive policy issues.

Photo of Simon Burns Simon Burns Shadow Spokesperson (Health)

I am grateful to the Minister for his explanation. I am not a lawyer, but it seems even to me that the amendments are heavily technical. I have one question. Why have they been tabled now rather than being included in the Bill when it was published? Is it simply because some events have moved on, creating a new need, or was there an error at the time, leaving them genuinely forgotten? Such things often happen in the drafting of legislation.

Photo of John Hutton John Hutton Minister of State, Department of Health, Minister of State (Department of Health) (Health)

I am sure that the hon. Gentleman does not expect me to say that they were forgotten.

Photo of John Hutton John Hutton Minister of State, Department of Health, Minister of State (Department of Health) (Health)

They were not forgotten, they were just not spotted. There are dozens and dozens of references to health authorities in previous legislation. The Committee might be interested to know that we are here amending a piece of legislation dating back to 1875, the Public Health Act of that year. It is interesting, for those of us who like parliamentary history, to think that the House is amending legislation that our predecessors made in 1875.

The amendments are technical. We had a choice, because had we found the need to make these changes later, we could have done so using orders under clause 37. We are trying, however, to ensure that the Committee is involved in changes, so we tabled amendments, rather than using a later order-making power.

Amendment agreed to.

Amendment made: No. 96, in page 47, line 43, at end insert—

``Part 2

Amendments of other acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15—

(a) in the entry in the first column, before `a Health Authority' there is inserted `a Strategic Health Authority,', and

(b) in the entry in the second column, before `Health Authority' there is inserted `Strategic Health Authority,'.

The Hospital Complaints Procedure Act 1985 (c. 42)

In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1)—

(a) for `Health Authority and' there is substituted `Strategic Health Authority and Health Authority, to each', and

(b) after `which that' there is inserted `Strategic Health Authority,'.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

(1) The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.

(2) In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of `the managers', after `means the' there is inserted `Strategic Health Authority,'.

(3) In section 16 (interpretation), after the definition of `statutory services' there is inserted—

```Strategic Health Authority'' means a Strategic Health Authority established under section 8 of the 1977 Act;'.

The National Health Service and Community Care Act 1990 (c. 19)

The National Health Service and Community Care Act 1990 is amended as follows

In section 4 (NHS contracts), in subsection (2), before paragraph (a) there is inserted—

`(za) a Strategic Health Authority;'.

In section 4A (provision of certain services by persons on ophthalmic or pharmaceutical lists), in subsection (1), after `under which' there is inserted `a Strategic Health Authority,'

In section 8 (transfer of property, rights and liabilities to NHS trusts), before `Health Authority', in each place where it occurs, there is inserted `Strategic Health Authority,'

In section 21 (schemes for meeting losses and liabilities of certain health service bodies)—

(a) in subsection (2), before paragraph (a) there is inserted—

`(za) Strategic Health Authorities;', and

(b) in each of subsections (3), (4) and (5), before `Health Authority' there is inserted `Strategic Health Authority,'.

In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after `means a' there is inserted `Strategic Health Authority,'

In section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted `a Strategic Health Authority or'

In Schedule 2 (which makes provision about NHS trusts)—

(a) in each of paragraphs 4(1), 4(2), 5(3), 13, 30(2) and 31, before `Health Authority' there is inserted `Strategic Health Authority,', and

(b) in paragraph 30(1), after paragraph (a) there is inserted—

`(aa) a Strategic Health Authority, or'.

The Health Service Commissioners Act 1993 (c. 46)

In section 2 of the Health Service Commissioners Act 1993 (bodies subject to investigation), in subsection (1), for paragraph (a) there is substituted—

`(a) Strategic Health Authorities,'.

The 1999 Act

The 1999 Act is amended as follows

In section 20 (functions of the Commission for Health Improvement)—

(a) in subsection (1)(c), before `Health Authorities' there is inserted `Strategic Health Authorities,', and

(b) in subsection (7), in the definition of `NHS body', after `means a' there is inserted `Strategic Health Authority,'.

In section 21 (arrangements with the Audit Commission), in subsection (1)(b)(iii), after `relate to' there is inserted `Strategic Health Authorities,'

In section 26 (co-operation between NHS bodies), after `duty of' there is inserted `Strategic Health Authorities,'

In section 28 (plans for improving health etc)—

(a) in subsection (6)—

(i) in paragraphs (b) and (g), before `Health Authorities' there is inserted `Strategic Health Authorities,', and

(ii) in paragraph (h), after `provision by' there is inserted `Strategic Health Authorities,', and

(b) in subsection (9), after `duty of' there is inserted `Strategic Health Authorities,'.

In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of `NHS body', after `means a' there is inserted `Strategic Health Authority,'

In section 61 (English and Scottish border provisions), in subsection (2), for `Health Authority' there is substituted `Strategic Health Authority'

The Health and Social Care Act 2001 (c. 15)

(1) The Health and Social Care Act 2001 is amended as provided in this paragraph.

(2) In section 7 (functions of overview and scrutiny committees), in subsection (4), after `means a' there is inserted `Strategic Health Authority,'.

In section 46 (directed partnership arrangements), in subsection (5), in the definition of `NHS body', after `means a' there is inserted `Strategic Health Authority,'.''.—[Mr. Hutton.]

Schedule 1, as amended, agreed to.