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Health And Social Care (Community Health And Standards) Bill

Volume 408: debated on Friday 11 July 2003

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To ask the Secretary of State for Health if he will make it his policy, under clause 60 of the Health and Social Care (Community Health and Standards) Bill to introduce an appeals process to enable an independent person or panel to review the amount charged under subsection (1) of clause 62 in cases where the person or body who has received the charge wishes to appeal. [120304]

Section 57(7) (formerly section 60(7)) of the Health and Social Care (Community Health and Standards) Bill provides a power that enables the Secretary of State to make regulations that would allow an independent person or a panel to review charges levied in individual cases by Commission for Healthcare Audit and Inspection on English national health service bodies, cross border Strategic Health Authorities or other persons of a specified nature, and to substitute a lesser charge if they consider it appropriate.

To ask the Secretary of State for Health (1) what the maximum fine payable is under Clause 63(5) of the Health and Social Care (Community Health and Standards) Bill; [121181]

Hospital Public Health Medicine and Community Health Services ( HCHS): Medical and dental doctors and General Practitioners by country of primary qualification
Number (headcount)1
England as at 30 September 2002All countries of qualificationUnited KingdomOf which: Rest of European Economic AreaElsewhere
All doctors104,46071,3825,15727,921
Of which:
HCHS Doctors172,16845,1153,80123,252
All General Medical Practitioners232,29226,2671,3564,669
1 Excludes Hospital Medical Hospital Practitioners and Hospital Medical Clinical Assistants, most of whom are GPs working part-time in hospitals.
2 Assistants, GP Registrars, Salaried Doctors (Para 52 SPA), PMS Other and GP Retainers.
Source:Department of Health medical and dental workforce census Department of Health General and Personal Medical Services Statistics

(2) what the maximum fine payable is under Clause 64 of the Health and Social Care (Community Health and Standards) Bill; [121183]

(3) what the maximum fine payable is under Clause 65(3) of the Health and Social Care (Community Health and Standards) Bill. [121188]

The penalty on summary conviction of an offence under clauses 61, 62 and 63 (formerly clauses 63, 64 and 65) of the Health and Social Care (Community Health and Standards) Bill is a fine not exceeding level four (£2,500) on the standard scale, as set out in the Explanatory Notes.

To ask the Secretary of State for Health (1) in what circumstances he would expect the Commission for Healthcare Audit and Inspection to consider an explanation necessary under Clause 65(1) of the Health and Social Care (Community Health and Standards) Bill; [121185](2) whether he will expect the Commission for Healthcare Audit and Inspection to lay down the prescription required for such times and places as an explanation may be required under Clause 65(2) of the Health and Social Care (Community Health and Standards) Bill. [121187]

It will be for the Commission for Healthcare Audit and Inspection to decide where an explanation is necessary or expedient but this might include where it finds discrepancies within the data it has received or where information it has obtained provides evidence of potential failure by national health service bodies.However, it will be for the Secretary of State to lay down in regulations the times, places and persons that must provide an explanation under clause 63 (formerly clause 65) of the Health and Social Care (Community Health and Standards) Bill.