Health Protection Agency Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Health Protection Agency Bill [HL]

Health Protection Agency Bill [HL]
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[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Establish the Health Protection Agency and make provision as to its functions.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
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Health Protection Agency
(1)
There shall be a body corporate to be known as the Health Protection Agency,
or in Welsh Yr Asiantaeth Diogelu Iechyd, (in this Act referred to as the
Agency).
(2)
Schedule 1 has effect in relation to the Agency.
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2
Health functions
(1)
The Agency has the following functions in relation to health—
(a)
the protection of the community (or any part of the community) against
infectious disease and other dangers to health;
(b)
the prevention of the spread of infectious disease;
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(c)
the provision of assistance to any other person who exercises functions
in relation to the matters mentioned in paragraphs (a) and (b).
(2)
The Agency also has such other functions in relation to health as—
(a)
the Secretary of State (after consultation with the National Assembly
for Wales) directs;
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(b)
the National Assembly (after consultation with the Secretary of State)
directs.
(3)
The Secretary of State may (after consultation with the National Assembly)
direct the Agency to exercise any function conferred on him by or under an
enactment.
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(4)
The National Assembly may (after consultation with the Secretary of State)
direct the Agency to exercise any function conferred on it by or under an
enactment.

Bill 99 53/3

Health Protection Agency Bill [HL]
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(5)
The giving of a direction under subsection (3) or (4) does not—
(a)
transfer the function to the Agency;
(b)
prevent the exercise of the function by the Secretary of State or the
National Assembly (as the case may be).
(6)
Subsection (1) does not apply to a function to the extent that it—
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(a)
is exercisable within devolved competence (within the meaning of the
Scotland Act 1998 (c. 46));
(b)
relates to a transferred matter (within the meaning of section 4(1) of the
Northern Ireland Act 1998 (c. 47)).
(7)
The Scottish Ministers may by order confer on the Agency a function of any
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description falling within subsection (1) to the extent that it is exercisable
within devolved competence.
(8)
An order under subsection (7) must not be made—
(a)
for the purpose of conferring a function unless the Scottish Ministers
have obtained the agreement of the Secretary of State;
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(b)
for the purpose of removing a function unless the Scottish Ministers
have consulted the Secretary of State.
(9)
An order under subsection (7) must be made by statutory instrument subject
to annulment by a resolution of the Scottish Parliament.
(10)
The Department of Health, Social Services and Public Safety in Northern
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Ireland may by order confer on the Agency a function of any description falling
within subsection (1) to the extent that it is exercisable for the purposes of a
transferred matter.
(11)
An order under subsection (10) must not be made—
(a)
for the purpose of conferring a function unless the Department has
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obtained the agreement of the Secretary of State;
(b)
for the purpose of removing a function unless the Department has
consulted the Secretary of State.
(12)
An order under subsection (10) must be made by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573
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(N.I. 12)) subject to negative resolution (within the meaning of section 41(6) of
the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
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Radiation protection functions
(1)
The Agency has the following functions in relation to risks connected with
radiation (whether ionising or not)—
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(a)
the advancement of the acquisition of knowledge about protection
from such risks;
(b)
the provision of information and advice in relation to the protection of
the community (or any part of the community) from such risks.
(2)
The Agency must also exercise such of the functions which are exercisable at
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the date of commencement of this section by the National Radiological
Protection Board as are specified in a direction given by the appropriate
authority.
(3)
The appropriate authority may direct the Agency to exercise any other
function in relation to protection from the risks mentioned in subsection (1).
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Health Protection Agency Bill [HL]
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(4)
If a Health and Safety body asks the Agency to enter into an agreement with
the body for the Agency to carry out any of the body’s functions relating to
radiation (whether ionising or not) on the body’s behalf, the appropriate
authority may direct the Agency to do so.
(5)
In the exercise of any function it has under this section which relates to any
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matter in respect of which a Health and Safety body has a function the Agency
must—
(a)
consult the body;
(b)
have regard to the body’s policies.
(6)
A direction under this section must not be given unless the person giving the
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direction has consulted each of the other persons mentioned in section 6.
(7)
Each of the following is a Health and Safety body—
(a)
the Health and Safety Commission in relation to Great Britain;
(b)
the Health and Safety Executive for Northern Ireland.
(8)
The giving of a direction under subsection (2) or (3) does not—
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(a)
transfer the function to the Agency;
(b)
prevent the exercise of the function by the appropriate authority.
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Functions: supplementary
(1)
For the purpose of the exercise of its functions the Agency may do any of the
following—
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(a)
engage in or commission research;
(b)
obtain and analyse data and other information;
(c)
provide laboratory services;
(d)
provide other technical and clinical services;
(e)
provide training in relation to matters in respect of which the Agency
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has functions;
(f)
make available to any other body such persons, materials and facilities
as it thinks appropriate;
(g)
provide information and advice.
(2)
The Agency may do anything which it thinks is—
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(a)
appropriate for facilitating, or
(b)
incidental or conducive to,

the exercise of its functions.
(3)
The power under subsection (2) includes power—
(a)
to acquire by agreement or dispose of land and other property;
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(b)
to form or participate in the formation of companies;
(c)
to enter into contracts;
(d)
to acquire, produce, manufacture and supply goods;
(e)
to develop and exploit ideas and exploit intellectual property;
(f)
to provide accommodation.
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(4)
The Agency may make charges in respect of anything done in pursuance of its
functions.
(5)
The Agency is to be treated—

Health Protection Agency Bill [HL]
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(a)
for the purposes of section 28A of the National Health Service Act 1977
(c. 49) (power of certain health bodies to make payments to local
authorities in respect of the performance of functions) (except
subsection (2) of that section) as if it is a body to which that section
applies;
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(b)
for the purposes of section 28BB of that Act (power of local authorities
to make payments to certain NHS bodies in respect of the performance
of functions) as if it is a relevant NHS body within the meaning of that
section;
(c)
for the purposes of section 31 of the Health Act 1999 (c. 8) (power to
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enable arrangements to be made between certain NHS bodies and local
authorities for the performance of certain of their functions) as if it is an
NHS body within the meaning of that section;
(d)
for the purposes of sections 13 (payments by NHS bodies towards
certain local authority expenditure) and 14 (payments by local
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authorities towards expenditure by NHS bodies on prescribed
functions) of the Community Care and Health (Scotland) Act 2002 (asp
5) as if it is an NHS body within the meaning of that Act;
(e)
for the purposes of section 15 of that Act (delegation etc. between local
authorities and NHS bodies) as if it is an NHS body within the meaning
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of that Act.
(6)
The Agency must exercise its functions efficiently and cost-effectively.
(7)
The appropriate authority may direct the Agency to have regard, in exercising
any of its functions, to such aspects of the policy of the authority as the
authority directs.
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(8)
The Agency must comply with any direction under subsection (7).
(9)
If the appropriate authority thinks that the Agency is to a significant extent—
(a)
failing to discharge any of its functions, or
(b)
failing to discharge any of its functions properly,

it may (after relevant consultation) give the Agency such a direction as it thinks
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appropriate for remedying that failure.
(10)
If the Agency fails to comply or unreasonably delays in complying with a
direction under subsection (9) the appropriate authority may, instead of the
Agency, take such action as it thinks appropriate to remedy the failure.
(11)
The disclosure of information to or by the Agency for the purposes of the
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exercise of a function which is the subject of an arrangement made by virtue of
subsection (5)(c) or (e) or in pursuance of a duty of co-operation under section
5 does not breach any restriction on the disclosure of information (however
imposed).
(12)
But subsection (11) does not authorise a disclosure of information which
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contravenes the Data Protection Act 1998 (c. 29).
(13)
Relevant consultation is consultation by the appropriate authority giving the
direction with each of the persons mentioned in section 6 (if that person is not
the authority) to the extent that the authority thinks that the exercise by the
person of any function he has is likely to be affected in consequence of the
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giving of the direction.