Health and Care Bill (HL Bill 71)

Health and Care BillPage 100

(7)The activities which the HSSIB may carry out in, or in connection with, giving
assistance under subsection (5) are not restricted to activities carried out in the
United Kingdom.

(8)The HSSIB may impose charges for or in connection with giving assistance
5under subsection (5).

(9)Charges under subsection (8) may be calculated on the basis that the HSSIB
considers to be the appropriate commercial basis.

114 Investigations relating to Wales and Northern Ireland

(1)The HSSIB may enter into an agreement with any person for the HSSIB to carry
10out an investigation falling within subsection (2).

(2)An investigation falls within this subsection if—

(a)it is an investigation into one or more incidents that have occurred, or
are occurring, in the United Kingdom—

(i)during the provision of any of the services mentioned in
15subsection (3), or

(ii)at premises at which any of those services are, or were,
provided,

(b)the incident or incidents have or may have implications for the safety
of persons for whom those services are provided,

(c)20the investigation is carried out for the purpose of identifying risks to
the safety of such persons and addressing those risks by facilitating the
improvement of systems and practices in the provision of any of the
services mentioned in subsection (3), and

(d)the investigation does not involve the assessment or determination of
25blame or civil or criminal liability.

(3)The services referred to in subsection (2) are—

(a)services provided for the purposes of the health service continued
under section 1(1) of the National Health Service (Wales) Act 2006, and

(b)health care, within the meaning of the Health and Social Care (Reform)
30Act (Northern Ireland) 2009, provided for the purposes of the system
promoted under section 2(1) of that Act.

(4)The HSSIB may impose charges for providing services under an agreement
under subsection (1).

(5)Those charges must not exceed the costs incurred by the HSSIB in providing
35the services.

(6)The HSSIB may enter into an agreement under subsection (1) only if it
considers that the provision of the services under the agreement will not to any
significant extent interfere with the exercise by the HSSIB of its investigation
function.

40Oversight of functions

115 Failure to exercise functions

(1)This section applies if the Secretary of State considers that—

(a)the HSSIB is failing or has failed to exercise any of its functions, and

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(b)the failure is significant.

(2)The Secretary of State may direct the HSSIB to exercise such of its functions, in
such manner and within such period, as the direction specifies.

(3)But the Secretary of State may not give a direction under subsection (2) which
5directs the outcome of a particular investigation.

(4)If the HSSIB fails to comply with a direction under subsection (2), the Secretary
of State may—

(a)exercise the functions specified in the direction, or

(b)make arrangements for some other person to exercise them on the
10Secretary of State’s behalf.

(5)The reference in subsection (1)(a) to exercising a function includes a reference
to exercising it properly.

(6)A direction under subsection (2)

(a)must be in writing;

(b)15may be varied or revoked by subsequent directions.

116 Review

(1)Before the end of the period mentioned in subsection (2), the Secretary of State
must—

(a)review the effectiveness of the exercise by the HSSIB of its investigation
20function,

(b)prepare and publish a report of the review, and

(c)lay the report before Parliament.

(2)The period is four years beginning with the day on which section 96 comes into
force.

25Offences: supplementary

117 Offences by bodies corporate

(1)Where an offence under this Part is committed by a body corporate and is
proved—

(a)to have been committed with the consent or connivance of an officer of
30the body corporate, or

(b)to be attributable to any neglect on the part of an officer of the body
corporate,

the officer (as well as the body corporate) commits the offence and is liable to
be proceeded against and punished accordingly.

(2)35In subsection (1) “officer”, in relation to a body corporate, means—

(a)a director, manager, secretary or other similar officer, or

(b)any person purporting to act in any such capacity.

In paragraph (a) “director”, in relation to a body corporate whose affairs are
managed by its members, means a member of the body corporate.

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118 Offences by partnerships

(1)Proceedings for an offence alleged to have been committed by a partnership
may be brought in the name of the partnership.

(2)Rules of court relating to the service of documents have effect in relation to
5proceedings for an offence as if the partnership were a body corporate.

(3)For the purposes of such proceedings Schedule 3 to the Magistrates’ Courts Act
1980 applies as it applies in relation to a body corporate.

(4)A fine imposed on a partnership on its conviction for an offence must be paid
out of the partnership assets.

(5)10Where an offence is committed by a partnership and is proved—

(a)to have been committed with the consent or connivance of a partner, or

(b)to be attributable to any neglect on the part of a partner,

the partner (as well as the partnership) commits the offence and is liable to be
proceeded against and punished accordingly.

(6)15In this section—

  • “offence” means an offence under this Part;

  • “partner” includes a person purporting to act as a partner.

Supplementary

119 Obligations of confidence etc

(1)20Subject to subsection (2), a disclosure of any information, document,
equipment or other item which is required or authorised by or under section
105 or 106 or Schedule 14 does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)25any other restriction on disclosure.

(2)Nothing in this Part operates to require or authorise a disclosure of information
which would contravene the data protection legislation (but, for the purposes
of this subsection, in determining whether a disclosure required or authorised
by or under this Part would do so, take the requirement or authorisation into
30account).

120 Consequential amendments relating to Part 4

Schedule 15 contains amendments consequential on this Part.

121 Interpretation of Part 4

In this Part—

  • 35“the 2006 Act” means the National Health Service Act 2006;

  • “Chief Investigator” means the person appointed in accordance with
    paragraph 3 of Schedule 13;

  • “data protection legislation” has the same meaning as in the Data
    Protection Act 2018 (see section 3 of that Act);

  • 40to “disclose”, in relation to information, documents, equipment and other
    items includes to permit access to such things;

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  • “documents” includes personal and medical records;

  • “final report” means a report under section 99;

  • “health care services” means—

    (a)

    all forms of health care services provided for individuals,
    5whether relating to physical or mental health, and

    (b)

    procedures that are similar to forms of medical or surgical care
    but are not provided in connection with a medical condition;

  • “the HSSIB” has the meaning given by section 95(2);

  • “interim report” means a report under section 100;

  • 10“investigation”, except in the case of an investigation mentioned in section
    112(1)(b), 113 or 114, means an investigation carried out by the HSSIB
    under section 96(1) and any related term is to be read accordingly;

  • the “investigation function” of the HSSIB is its function under section
    96(1) (and see also section 97(1));

  • 15“investigator” means a person authorised by the HSSIB to carry out
    functions in relation to investigations on its behalf;

  • “Minister of the Crown” has the same meaning as in the Ministers of the
    Crown Act 1975;

  • NHS foundation trust” has the meaning given by section 30 of the 2006
    20Act;

  • NHS services” means health care services provided in England for the
    purposes of the health service continued under section 1(1) of the 2006
    Act;

  • NHS trust” means a National Health Service trust established under
    25section 25 of the 2006 Act;

  • “notice” means notice in writing;

  • “patients” means individuals for whom health care services are provided;

  • “premises” includes a vehicle;

  • “protected material” has the meaning given by section 108(2);

  • 30“qualifying incident” has the meaning given by section 96(5);

  • “regulatory body” means—

    (a)

    the General Medical Council,

    (b)

    the General Dental Council,

    (c)

    the General Optical Council,

    (d)

    35the General Osteopathic Council,

    (e)

    the General Chiropractic Council,

    (f)

    the General Pharmaceutical Council,

    (g)

    the Nursing and Midwifery Council,

    (h)

    the Health and Care Professions Council, or

    (i)

    40any other regulatory body, within the meaning of Schedule 3 to
    the Health Act 1999, established at any time by an Order in
    Council under section 60 of that Act;

  • “Special Health Authority” means a Special Health Authority established
    under section 28 of the 2006 Act.

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Part 5 Virginity testing offences

Virginity testing offences: England and Wales

122 Offence of virginity testing: England and Wales

(1)5It is an offence under the law of England and Wales for a person to carry out
virginity testing.

(2)“Virginity testing” means the examination of female genitalia, with or without
consent, for the purpose (or purported purpose) of determining virginity.

(3)An offence is committed under subsection (1) only if the person—

(a)10is in England and Wales, or

(b)is outside the United Kingdom, and is a United Kingdom national or
habitually resident in England and Wales.

(4)“United Kingdom national” means an individual who is—

(a)a British citizen, a British overseas territories citizen, a British National
15(Overseas) or a British Overseas citizen,

(b)a person who under the British Nationality Act 1981 is a British subject,
or

(c)a British protected person within the meaning of that Act.

(5)In subsection (2), “female genitalia” means a vagina or vulva.

123 20Offence of offering to carry out virginity testing: England and Wales

(1)It is an offence under the law of England and Wales—

(a)for a person in England and Wales to offer to carry out virginity testing
in the United Kingdom or virginity testing that has a sufficient
jurisdictional connection, or

(b)25for a person anywhere to offer to carry out virginity testing if the person
is a United Kingdom national or habitually resident in England and
Wales.

(2)Virginity testing has a sufficient jurisdictional connection for the purposes of
subsection (1)(a) if it is carried out in relation to a person who is—

(a)30a United Kingdom national, or

(b)habitually resident in the United Kingdom.

(3)In this section—

  • “United Kingdom national” has the meaning given by section 122(4);

  • “virginity testing” has the meaning given by section 122(2).

124 35Offence of aiding or abetting etc a person to carry out virginity testing:
England and Wales

(1)It is an offence under the law of England and Wales for a person who is in
England and Wales, or for a person who is outside England and Wales but who
is a United Kingdom national or habitually resident in England and Wales, to

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aid, abet, counsel or procure the carrying out of virginity testing that has a
sufficient jurisdictional connection.

(2)Virginity testing has a sufficient jurisdictional connection for the purposes of
subsection (1) if it is carried out in relation to a person who is—

(a)5in the United Kingdom,

(b)a United Kingdom national, or

(c)habitually resident in the United Kingdom.

(3)This section does not affect the application to an offence under section 122 of
any rule of law relating to aiding, abetting, counselling or procuring.

(4)10In this section—

  • “United Kingdom national” has the meaning given by section 122(4);

  • “virginity testing” has the meaning given by section 122(2).

125 Virginity testing offences in England and Wales: penalties

(1)A person who commits an offence under section 122, 123 or 124 is liable—

(a)15on summary conviction, to imprisonment for a term not exceeding the
maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).

In subsection (1)(a) “the maximum summary term for either-way offences”
20means—

(a)in relation to an offence committed before the time when paragraph
24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6
months;

(b)in relation to an offence committed after that time, 12 months.

25Virginity testing offences: Scotland

126 Offence of virginity testing: Scotland

(1)It is an offence under the law of Scotland for a person to carry out virginity
testing.

(2)“Virginity testing” means the examination of female genitalia, with or without
30consent, for the purpose (or purported purpose) of determining virginity.

(3)An offence is committed under subsection (1) only if the person—

(a)is in Scotland, or

(b)is outside the United Kingdom, and is a United Kingdom national or
habitually resident in Scotland.

(4)35“United Kingdom national” means an individual who is—

(a)a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen,

(b)a person who under the British Nationality Act 1981 is a British subject,
or

(c)40a British protected person within the meaning of that Act.

(5)In subsection (2), “female genitalia” means a vagina or vulva.

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127 Offence of offering to carry out virginity testing: Scotland

(1)It is an offence under the law of Scotland—

(a)for a person in Scotland to offer to carry out virginity testing in the
United Kingdom or virginity testing that has a sufficient jurisdictional
5connection, or

(b)for a person anywhere to offer to carry out virginity testing if the person
is a United Kingdom national or habitually resident in Scotland.

(2)Virginity testing has a sufficient jurisdictional connection for the purposes of
subsection (1)(a) if it is carried out in relation to a person who is—

(a)10a United Kingdom national, or

(b)habitually resident in the United Kingdom.

(3)In this section—

  • “United Kingdom national” has the meaning given by section 126(4);

  • “virginity testing” has the meaning given by section 126(2).

128 15Offence of aiding or abetting etc a person to carry out virginity testing:
Scotland

(1)It is an offence under the law of Scotland for a person who is in Scotland, or for
a person who is outside Scotland but who is a United Kingdom national or
habitually resident in Scotland, to aid, abet, counsel, procure or incite the
20carrying out of virginity testing that has a sufficient jurisdictional connection.

(2)Virginity testing has a sufficient jurisdictional connection for the purposes of
subsection (1) if it is carried out in relation to a person who is—

(a)in the United Kingdom,

(b)a United Kingdom national, or

(c)25habitually resident in the United Kingdom.

(3)This section does not affect the application to an offence under section 126 of
any rule of law relating to aiding, abetting, counselling, procuring or inciting.

(4)In this section—

  • “United Kingdom national” has the meaning given by section 126(4);

  • 30“virginity testing” has the meaning given by section 126(2).

129 Virginity testing offences in Scotland: penalties and supplementary

(1)A person who commits an offence under section 126, 127 or 128 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding
12 months or a fine not exceeding the statutory maximum (or both);

(b)35on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).

(2)Where a person outside Scotland commits an offence under section 126, 128 or
129 the person may be prosecuted, tried and punished for the offence—

(a)in a sheriff court district in which the person is apprehended or in
40custody, or

(b)in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

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(3)Where subsection (2) applies, the offence is, for all purposes incidental to or
consequential on the trial and punishment, deemed to have been committed in
that district.

(4)In this section “sheriff court district” is to be construed in accordance with
5section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

Virginity testing offences: Northern Ireland

130 Offence of virginity testing: Northern Ireland

(1)It is an offence under the law of Northern Ireland for a person to carry out
virginity testing.

(2)10“Virginity testing” means the examination of female genitalia, with or without
consent, for the purpose (or purported purpose) of determining virginity.

(3)An offence is committed under subsection (1) only if the person—

(a)is in Northern Ireland, or

(b)is outside the United Kingdom, and is a United Kingdom national or
15habitually resident in Northern Ireland.

(4)“United Kingdom national” means an individual who is—

(a)a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen,

(b)a person who under the British Nationality Act 1981 is a British subject,
20or

(c)a British protected person within the meaning of that Act.

(5)In subsection (2), “female genitalia” means a vagina or vulva.

131 Offence of offering to carry out virginity testing: Northern Ireland

(1)It is an offence under the law of Northern Ireland—

(a)25for a person in Northern Ireland to offer to carry out virginity testing in
the United Kingdom or virginity testing that has a sufficient
jurisdictional connection, or

(b)for a person anywhere to offer to carry out virginity testing if the person
is a United Kingdom national or habitually resident in Northern
30Ireland.

(2)Virginity testing has a sufficient jurisdictional connection for the purposes of
subsection (1)(a) if it is carried out in relation to a person who is—

(a)a United Kingdom national, or

(b)habitually resident in the United Kingdom.

(3)35In this section—

  • “United Kingdom national” has the meaning given by section 130(4);

  • “virginity testing” has the meaning given by section 130(2).

132 Offence of aiding or abetting etc a person to carry out virginity testing:
Northern Ireland

(1)40It is an offence under the law of Northern Ireland for a person who is in
Northern Ireland, or for a person who is outside Northern Ireland but who is a

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United Kingdom national or habitually resident in Northern Ireland, to aid,
abet, counsel or procure the carrying out of virginity testing that has a
sufficient jurisdictional connection.

(2)Virginity testing has a sufficient jurisdictional connection fr the purposes of
5subsection (1) if it is carried out in relation to a person who is—

(a)in the United Kingdom,

(b)a United Kingdom national, or

(c)habitually resident in the United Kingdom.

(3)This section does not affect the application to an offence under section 130 of
10any rule of law relating to aiding, abetting, counselling or procuring.

(4)In this section—

  • “United Kingdom national” has the meaning given by section 130(4);

  • “virginity testing” has the meaning given by section 130(2).

133 Virginity testing offences in Northern Ireland: penalties

15A person who commits an offence under section 130, 131 or 132 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding
6 months or a fine not exceeding the statutory maximum (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).

20Consequential amendments

134 Virginity testing: consequential amendments

Schedule 16 contains consequential amendments.

Part 6 Miscellaneous

25Pharmaceutical Services

135 Pharmaceutical services: remuneration in respect of vaccines etc

(1)In section 164 of the National Health Service Act 2006 (remuneration for
persons providing pharmaceutical services)—

(a)in subsection (8A) for “ special medicinal products” substitute “any of
30the following—

(a)drugs or medicines used for vaccinating or immunising
people against disease,

(b)anything used in connection with the supply or
administration of drugs or medicines within paragraph
35(a),

(c)drugs or medicines, not within paragraph (a), that are
used for preventing or treating a disease that, at the time
the regulations are made, the Secretary of State
considers to be a pandemic disease or at risk of
40becoming a pandemic disease,

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(d)anything used in connection with the supply or
administration of drugs or medicines within paragraph
(c), or

(e)a product which is a special medicinal product for the
5purposes of regulation 167 of the Human Medicines
Regulations 2012 (S.I. 2012/1916).”;

(b)in subsection (8D)—

(i)for “ special medicinal products are” substitute “anything
within subsection (8A)(a) to (e) is”;

(ii)10in paragraph (b), for “special medicinal products” substitute
“that thing,”;

(c)in subsection (8E), omit the definition of “special medicinal product”;

(d)after subsection (8E) insert—

(8F)Where regulations include provision made in reliance on
15subsection (8A)(c) or (d) and the Secretary of State considers
that the disease to which it relates is no longer a pandemic
disease or at risk of becoming a pandemic disease, the Secretary
of State must revoke that provision within such period as the
Secretary of State considers reasonable (taking into account, in
20particular, the need for any transitional arrangements).”

(2)In section 88 of the National Health Service (Wales) Act 2006 (remuneration for
persons providing pharmaceutical services)—

(a)in subsection (8A) for “ special medicinal products” substitute “any of
the following—

(a)25drugs or medicines used for vaccinating or immunising
people against disease,

(b)anything used in connection with the supply or
administration of drugs or medicines within paragraph
(a),

(c)30drugs or medicines, not within paragraph (a), that are
used for preventing or treating a disease that, at the time
the regulations are made, the Welsh Ministers consider
to be a pandemic disease or at risk of becoming a
pandemic disease,

(d)35anything used in connection with the supply or
administration of drugs or medicines within paragraph
(c), or

(e)a product which is a special medicinal product for the
purposes of regulation 167 of the Human Medicines
40Regulations 2012 (S.I. 2012/1916)”;

(b)in subsection (8D)—

(i)for “ special medicinal products are” substitute “anything
within subsection (8A)(a) to (e) is”;

(ii)in paragraph (b), for “special medicinal products” substitute
45“that thing,”;

(c)in subsection (8E), omit the definition of “special medicinal product”;

(d)after subsection (8E) insert—

(8F)Where regulations include provision made in reliance on
subsection (8A)(c) or (d) and the Welsh Ministers consider that
50the disease to which it relates is no longer a pandemic disease or