Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - В ответ на выступления главы Спецмониторинговой миссии ОБСЕ на Украине Э.Апакана и спецпредставителя ДП ОБСЕ в Контактной группе и по Украине М.Сайдика
Part 4 of the National Health Service Act 1977 (c. 49) (property and finance) shall be amended as follows.
In section 97 (payments to Health Authorities and Special Health Authorities), after subsection (3) there shall be inserted—
In section 97AA (resource limits for Health Authorities and Special Health Authorities), after subsection (2) there shall be inserted—
In section 97C (public funding of Primary Care Trusts), after subsection (1) there shall be inserted—
In section 97E (resource limits for Primary Care Trusts), after subsection (2) there shall be inserted—
Section 97 of the 1977 Act (means of meeting expenditure of Health Authorities out of public funds) shall be amended as follows.
For subsection (3C) there shall be substituted—
In subsection (3D), for “Health Authorities” there shall be substituted “the Health Authority”.
After paragraph 5 of Schedule 3 to the National Health Service and Community Care Act 1990 (c. 19) (which makes financial provision about NHS trusts) there shall be inserted—
In section 9 of the 1990 Act (financial provisions relating to NHS trusts), in subsection (9), after paragraph (c) there shall be inserted—.
In section 97C of the 1977 Act (public funding of Primary Care Trusts), after subsection (5) there shall be inserted—
In section 97D of the 1977 Act (financial duties of Primary Care Trusts), in subsection (1)(b), after “section” there shall be inserted “, apart from subsection (5A)”.
After section 96B of the 1977 Act there shall be inserted—
In section 7 of the Health and Medicines Act 1988 (c. 49) (additional powers for financing Health Service), after subsection (7) there shall be inserted—
In Schedule 5 to the 1977 Act (Health Authorities), in paragraph 10(1) (staff)—
for “at such remuneration and on such conditions of service” there shall be substituted “and pay its officers such remuneration and allowances, and employ them on such other terms and conditions,”; and
for “may contain provision—” there shall be substituted “may make provision with respect to any matter connected with the employment by an authority of its officers, including in particular provision—”.
In Schedule 5A to the 1977 Act (Primary Care Trusts)—
for paragraph 8 there shall be substituted—; and
in paragraph 11 (remuneration and pensions etc), sub-paragraph (2) (remuneration and allowances payable to officers of a Primary Care Trust) shall accordingly be omitted.
In paragraph 16 of Schedule 2 to the 1990 Act (general powers of National Health Service Trusts)—
sub-paragraph (1)(d) (general power to employ staff) shall be omitted; and
An NHS trust may employ such staff as it thinks fit. Subject to sub-paragraph (5) below, an NHS trust may— as it thinks fit. An NHS trust shall— act in accordance with regulations and any directions given by the Secretary of State. Before making any regulations under sub-paragraph (5) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted—
This section applies to—
any county council,
any county borough council,
the council of any district comprised in an area for which there is no county council,
any London borough council.
Regulations may, in relation to an overview and scrutiny committee of an authority to which this section applies, make provision—
as to matters relating to the health service in the authority’s area which the committee may review and scrutinise,
as to matters relating to the health service in the authority’s area on which the committee may make reports and recommendations to local NHS bodies,
as to matters on which local NHS bodies must consult the committee in accordance with the regulations,
as to information which local NHS bodies must provide to the committee,
as to information which may not be disclosed by a local NHS body to the committee,
requiring any officer of a local NHS body to attend before the committee to answer questions.
For the purposes of any provision of subsection (3) “local NHS body”, in relation to an overview and scrutiny committee, means a Health Authority, Primary Care Trust or NHS trust specified for those purposes by regulations in relation to the committee.
In this section—
“the health service” has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority;
“section 31 arrangements” means arrangements under regulations under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities).
In this section, “relevant functions”— and references to an overview and scrutiny committee include references to a committee falling within that paragraph.
in relation to a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22) (“the 2000 Act”), are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of that Act by an overview and scrutiny committee of that authority, and
in relation to a local authority operating alternative arrangements under that Part, are any corresponding functions which are, or, but for regulations under this section, would be, exercisable by a committee of the authority falling within paragraph (b) of section 32(1) of that Act;
Regulations may make provision under which—
two or more local authorities may appoint a joint committee of those authorities (a “joint overview and scrutiny committee”) and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee;
a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority;
a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as—
a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or
a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.
The regulations may in particular—
provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations;
in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of section 21(4) and (6) to (15) of the 2000 Act or section 9 of, and Schedule 1 to, this Act, with or without modifications.
The regulations may require, or enable the relevant authority to direct, a local authority—
to make arrangements of any description within subsection (2), and
to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the relevant authority may direct.
In section 7(3) and (4), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.
In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.
Section 21(4) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).
Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).
In this section “local authority” means a county council, county borough council, district council or London borough council.
This section applies in relation to any item of business at a meeting of an overview and scrutiny committee which is an item relating to functions of the committee under section 21(2)(f) of the Local Government Act 2000 (c. 22).
In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (c. 70) (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information which are for the time being specified in Part 1 of Schedule 1 to this Act, but subject to any qualifications contained in Part 2 of that Schedule.
Part 3 of that Schedule has effect for the interpretation of that Schedule.
The relevant authority may by order vary that Schedule—
by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, or
by deleting or varying any description or other provision for the time being specified or contained in that Schedule.
The relevant authority may exercise the power conferred by subsection (4) by amending any Part of Schedule 1, with or without amendment of any other Part.
In this section and Schedule 1 “relevant body” means a body in respect of which overview and scrutiny committees exercise functions under regulations under section 7.
The Common Council may establish a committee which has, in relation to the City of London, the powers which under section 21(2)(f) of the Local Government Act 2000 a local authority’s overview and scrutiny committee has in relation to the authority’s area.
Sections 7(3) to (5), 8 and 9 and Schedule 1 apply as if such a committee were an overview and scrutiny committee and as if the Common Council were a London borough council.
Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—
of subsections (1) to (3), (5) and (9),
in subsection (8), of “Executive”,
in subsection (11), of paragraph (b), and
in subsection (13)(a), of the reference to members of the executive.
In the provisions applied by subsections (2) and (3), references to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection.
“The Common Council” means the Common Council of the City of London.
It is the duty of every body to which this section applies to make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on—
the planning of the provision of those services,
the development and consideration of proposals for changes in the way those services are provided, and
decisions to be made by that body affecting the operation of those services.
This section applies to—
Health Authorities,
Primary Care Trusts, and
NHS trusts.
For the purposes of this section a body is responsible for health services—
if the body provides or is to provide those services to individuals, or
if another person provides, or is to provide, those services to individuals— and references in this section to the provision of services include references to the provision of services jointly with another person.
at that body’s direction,
on its behalf, or
in accordance with an agreement or arrangements made by that body with that other person;
After section 19 of the 1977 Act there shall be inserted—
After section 84 of the 1977 Act there shall be inserted—
In section 126 of the 1977 Act (orders, regulations and directions), in subsection (1), after “section 28EE(2)” there shall be inserted “or section 84A”.
The Medical Practices Committee is abolished.
On the date this section comes into force— shall be transferred to the Secretary of State.
all property in the possession of the Medical Practices Committee, and
all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,
In Schedule 10 to the 1977 Act (additional provisions as to sale of medical practices)—
for each reference to “the Medical Practices Committee” and “the Committee”, and for “Medical Practices Committee” in the heading preceding paragraph 1, there shall be substituted “the Secretary of State”,
in paragraph 1(3)—
for “they are” there shall be substituted “he is”, and
for “they shall” there shall be substituted “he shall”, and
in paragraph 1(7), for “them”—
where it first occurs there shall be substituted “the Secretary of State”, and
where it occurs the second time there shall be substituted “him”.
A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the 1977 Act before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.
Section 29B of the 1977 Act (which provides for regulations about the filling of vacancies for general practitioners) shall be amended as follows.
In subsection (2)—
for paragraphs (a) and (b) there shall be substituted—, and
in paragraph (c), for “the Medical Practices Committee” there shall be substituted “a Health Authority”.
In subsection (3)(b), for “Secretary of State” there shall be substituted “FHSAA”.
The National Health Service Tribunal is abolished.