House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Needle Stick Injury Bill


Needle Stick Injury Bill

    8

 

     (3)    Regulations under this subsection may require Welsh NHS bodies and bodies

specified in subsection (4) to comply with standards specified in regulations

under this subsection relating to—

           (a)           the manufacture, distribution, storage and disposal of needle sticks;

and

5

           (b)           the use of equipment which may, in the opinion of the Assembly,

reduce the risk of needle stick injury.

     (4)    The bodies specified in this subsection are—

           (a)           independent hospitals;

           (b)           independent clinics; and

10

           (c)           independent medical agencies

            for whom the Assembly is the registration authority under the Care Standards

Act 2000 (c. 14).

     (5)    In this section “the responsible body” means—

           (a)           the body within whose premises the injury occurred, or

15

           (b)           (in the case of an injury which occurred in the health care sector in

Wales outside premises of a body subject to regulations under

subsection (2)), the body having control of the work in connection with

which the injury occurred.

     (6)    Before making regulations under this section, the Assembly shall consult—

20

           (a)           the Secretary of State,

           (b)           the CHAI, and

           (c)           the Commission.

 9     Annual report of the Assembly relating to needle stick injury

     (1)    It shall be the duty of the Assembly to prepare and publish an annual report

25

relating to the performance of the functions of the Assembly under this Act.

     (2)    Each report under this section shall contain—

           (a)           an account of the incidence of needle stick injuries and infections

arising from such injuries derived from information provided to the

Assembly in accordance with regulations under section 8(2);

30

           (b)           an account of compliance with regulations made under section 8;

           (c)           measures taken by the Assembly to reduce the risk and incidence of

needle stick injuries and infections arising from such injuries.

     (3)    In preparing each report under this section, the Assembly shall consult the

Commission and the CHAI and shall endeavour, so far as is practicable, to co-

35

ordinate the preparation of the Assembly’s report with the preparation of the

reports to be made by the Commission under section 50B of the 1974 Act and

by the CHAI under section 6 of this Act.

     (4)    The first report under this section shall relate to the period beginning with the

date on which the first regulations made under section 8(2) come into force and

40

ending on 31 March thereafter.

     (5)    Each subsequent report under this section shall relate to a period of twelve

months beginning on 1 April.

 

 

Needle Stick Injury Bill

    9

 

 10    Enforcement of regulations in Wales

     (1)    The provisions of sections 31 and 32 of the Care Standards Act 2000 (c. 14)

(inspection by persons authorised by registration authority) shall apply to

functions of the Assembly under regulations made under section 8 of this Act

in respect of the bodies specified in subsection (4) of that section as if those

5

functions were functions under Part 2 of that Act.

     (2)    The Assembly may by regulations prescribe arrangements for inspection and

review of compliance by Welsh NHS bodies with regulations made under

section 8.

     (3)    Regulations under section 8 may provide that a contravention of or failure to

10

comply with any specified provision of the regulations shall be an offence.

     (4)    A person guilty of an offence under the regulations shall be liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

     (5)    Proceedings in respect of an offence under regulations under section 8 shall

not, without the written consent of the Attorney General, be taken by any

15

person other than the Assembly.

     (6)    The provisions of section 30 of the Care Standards Act 2000 (offences by bodies

corporate) shall apply to offences committed by a body corporate under

regulations under section 8 of this Act.

Miscellaneous and final provisions

20

 11    Orders and regulations

     (1)    Any power to make an order or regulations under this Act is exercisable by

statutory instrument.

     (2)    Any order or regulations under this Act—

           (a)           may make different provision for different purposes; and

25

           (b)           may make incidental, supplementary, consequential or transitional

provision.

     (3)    A statutory instrument containing an order or regulations under this Act made

by the Secretary of State (apart from an order under section 13) is subject to

annulment in pursuance of a resolution of either House of Parliament.

30

 12    Expenses

There shall be paid out of money provided by Parliament

           (a)           any expenditure incurred by the Secretary of State under this Act; and

           (b)           any increase attributable to this Act in the sums payable out of money so

provided under any other Act.

35

 13    Short title, commencement and extent

     (1)    This Act may be cited as the Needle Stick Injury Act 2003.

     (2)    Sections 2 to 7 shall come into force on such day as the Secretary of State may

by order appoint.

 

 

Needle Stick Injury Bill

    10

 

     (3)    Sections 8 to 10 shall come into force on such day as the Assembly may by order

appoint.

     (4)    An order made under subsection (2) or (3) may appoint different days for

different purposes.

     (5)    Sections 3(3) and 4 do not extend to Northern Ireland.

5

     (6)    This Act (other than sections 3(3) and 4) extends to England and Wales only.

 

 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 1 April 2003