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]
Schedule 2 — Transfer of property and staff, etc.
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Schedule 2
Section 8

Transfer of property and staff, etc.
Transfer schemes
1     (1)
The property, rights and liabilities which may be the subject of a scheme
include—
5
(a)
any that would otherwise be incapable of being transferred or
assigned, and
(b)
rights and liabilities under a contract of employment.
      (2)
A scheme may define the property, rights and liabilities to be transferred by
specifying or describing them (including describing them by reference to a
10
specified part of the transferor’s undertaking).
      (3)
A scheme may include supplementary, incidental, transitional and
consequential provision.
Transfer
2
The property, rights and liabilities which are the subject of a scheme are, by
15
virtue of this paragraph, transferred on the day appointed by the scheme in
accordance with the provisions of the scheme.
Employment
3
The transfer by paragraph 2 of the rights and liabilities relating to an
individual’s contract of employment does not break the continuity of his
20
employment, and, accordingly—
(a)
he is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (c. 18) (redundancy payments etc.) or
Part XII of the Employment Rights (Northern Ireland) Order 1996
(S.I. 1996/1919 (N.I. 16)) as having been dismissed by virtue of the
25
transfer, and
(b)
his period of employment with the transferor counts as a period of
employment with the transferee for the purposes of that Act or
Order.
4     (1)
Paragraph 2 does not operate to transfer the rights and liabilities under an
30
individual’s contract of employment if, before the transfer takes effect, he
informs the transferor or transferee that he objects to the transfer.
      (2)
Where an individual does inform the transferor or transferee as specified in
sub-paragraph (1), his contract of employment with the transferor is
terminated immediately before the date on which the transfer would occur;
35
but he is not, for any purpose, to be regarded as having been dismissed by
the transferor.
      (3)
This paragraph does not affect any right of an individual employed by a
transferor to terminate his contract of employment if (apart from the change
of employer) a substantial change is made to his detriment in his working
40
conditions.
5
For the purposes of this Schedule, where a person holds any office or
employment under the Crown on terms which do not constitute a contract
of employment between that person and the Crown—

Health Protection Agency Bill [HL]
Schedule 3 — Amendments
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(a)
he shall be regarded as employed by the Crown by virtue of a
contract of employment;
(b)
the terms of his employment shall be regarded as constituting the
terms of that contract; and
(c)
in relation to such a person, the reference in paragraph 4(2) to
5
dismissal by the transferor is to termination of his employment by
the Crown.
Transitional
6     (1)
Anything done by or in relation to the transferor for the purposes of or in
connection with anything transferred by paragraph 2 which is in effect
10
immediately before it is transferred must be treated as if done by or in
relation to the transferee.
      (2)
There may be continued by or in relation to the transferee anything
(including legal proceedings) relating to anything so transferred which is in
the process of being done by or in relation to the transferor immediately
15
before it is transferred.
      (3)
A reference to the transferor in any document relating to anything so
transferred must be taken (so far as necessary for the purposes of or in
consequence of the transfer) as a reference to the transferee.
      (4)
A transfer under paragraph 2 does not affect the validity of anything done
20
by or in relation to the transferor before the transfer takes effect.
Schedule 3
Section 11

Amendments
Parliamentary Commissioner Act 1967 (c. 13)
1     (1)
The Parliamentary Commissioner Act 1967 is amended as follows.
25
      (2)
In Schedule 2 (departments etc. subject to investigation) at the appropriate
place there is inserted—

“Health Protection Agency.”
      (3)
In the Notes to Schedule 2, after paragraph 11 there is inserted the following
paragraph—
30
“12   (1)
This paragraph applies in relation to the Health Protection
Agency.
      (2)
No investigation is to be conducted in relation to any action taken
by or on behalf of the Agency in the exercise in or as regards
Scotland of any function to the extent that the function is
35
exercisable within devolved competence (within the meaning of
section 54 of the Scotland Act 1998).”
Radiological Protection Act 1970 (c. 46)
2
The Radiological Protection Act 1970 (so far as not repealed by or under any
other enactment) shall cease to have effect.
40

Health Protection Agency Bill [HL]
Schedule 3 — Amendments
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Immigration Act 1971 (c. 77)
3
In Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry) in paragraph 1 after sub-paragraph (2) there is inserted the
following sub-paragraph—
    “(2A)
The Secretary of State may direct that his function of appointing
5
medical inspectors under sub-paragraph (2) is also to be
exercisable by such persons specified in the direction who exercise
functions relating to health in England or Wales.”
Local Government Act 1972 (c. 70)
4
In section 113 of the Local Government Act 1972 (placing of staff of local
10
authorities at disposal of other authorities and bodies) in subsection (1A)—
(a)
after “enter into an agreement with” there is inserted “the Health
Protection Agency,”;
(b)
in paragraph (a) after “disposal of” there is inserted “the Health
Protection Agency,”;
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(c)
in paragraph (b) after “employed by” there is inserted “the Health
Protection Agency,”.
Health and Safety at Work etc. Act 1974 (c. 37)
5     (1)
The Health and Safety at Work etc. Act 1974 is amended as follows.
      (2)
In section 16(2) (consultation before approving code of practice), in
20
paragraph (a) for “the National Radiological Protection Board” there is
substituted “the Health Protection Agency”.
      (3)
In section 50(3) (consultation before submission of proposals for
regulations), in paragraph (a) for “the National Radiological Protection
Board” there is substituted “the Health Protection Agency”.
25
House of Commons Disqualification Act 1975 (c. 24)
6
In the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1
(other disqualifying offices), at the appropriate place there is inserted the
following entry—
“Chairman or non-executive member of the Health Protection
30
Agency.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
7
In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of
Schedule 1 (other disqualifying offices), at the appropriate place there is
inserted the following entry—
35
“Chairman or non-executive member of the Health Protection
Agency.”
Race Relations Act 1976 (c. 74)
8
In the Race Relations Act 1976, in Part 2 of Schedule 1A (persons subject to
general statutory duty) at the appropriate place there is inserted the
40

Health Protection Agency Bill [HL]
Schedule 3 — Amendments
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following entry—

“The Health Protection Agency.”
National Health Service (Scotland) Act 1978 (c. 29)
9
In section 17A of the National Health Service (Scotland) Act 1978 (NHS
contracts) for subsection (2)(h) there is substituted—
5
“(h)
the Health Protection Agency;”.
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
10    (1)
The Health and Safety at Work (Northern Ireland) Order 1978 is amended as
follows.
      (2)
In Article 18(2) (consultation before approving code of practice), in sub-
10
paragraph (a) for “the National Radiological Protection Board” there is
substituted “the Health Protection Agency”.
      (3)
In Article 46(3) (consultation before submission of proposals for
regulations), in sub-paragraph (a) for “the National Radiological Protection
Board” there is substituted “the Health Protection Agency”.
15
National Health Service and Community Care Act 1990 (c. 19)
11    (1)
The National Health Service and Community Care Act 1990 is amended as
follows.
      (2)
In section 4 (NHS contracts) in subsection (2) after paragraph (i) there is
inserted the following paragraph—
20
“(ii)
the Health Protection Agency;”.
      (3)
In section 21(2) (bodies in respect of which schemes may be made for
meeting certain losses and liabilities) before “but a scheme under this
section” there is inserted the following paragraph—

“(d)    the Health Protection Agency,”.
25
Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))
12
In Article 8(2)(g) of the Health and Personal Social Services (Northern
Ireland) Order 1991 (certain health bodies with power to make
arrangements with one another) for paragraph (vi) there is substituted—
“(vi)
the Health Protection Agency;”.
30
Employment Rights Act 1996 (c. 18)
13
In section 218(10) of the Employment Rights Act 1996 (health service
employers where change does not affect continuity of employment) after
paragraph (d) there is inserted the following paragraph—
“(dd)
the Health Protection Agency.”
35
Government of Wales Act 1998 (c. 38)
14
In Schedule 5 to the Government of Wales Act 1998 (bodies subject to power
of Assembly to require attendance and production of documents) after

Health Protection Agency Bill [HL]
Schedule 3 — Amendments
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paragraph 20 there is inserted the following paragraph—
“20A
The Health Protection Agency.”
Freedom of Information Act 2000 (c. 36)
15
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 at the
appropriate place there is inserted—
5

“The Health Protection Agency.”
International Development Act 2002 (c. 1)
16
In Schedule 1 to the International Development Act 2002 (statutory bodies
which may agree to exercise certain functions outside the United Kingdom)
after “A Health Board” there is inserted—
10

“Health Protection Agency”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
17    (1)
Section 133 of the Nationality, Immigration and Asylum Act 2002
(disclosure of information by medical inspectors) is amended as follows.
      (2)
In subsection (4)(a) after sub-paragraph (v) there is inserted “or
15
(vi)
the Health Protection Agency.”
      (3)
In subsection (4)(b) after sub-paragraph (iii) there is inserted “or
(iv)
the Health Protection Agency.”
      (4)
In subsection (4)(c)—
(a)
after sub-paragraph (i) omit “or”;
20
(b)
after sub-paragraph (ii) there is inserted the following sub-
paragraph—
“(iii)
the Health Protection Agency, or”.
      (5)
In subsection (4)(d)—
(a)
after sub-paragraph (ii) omit “or”;
25
(b)
after sub-paragraph (iii) there is inserted “or
(iv)
the Health Protection Agency.”
Scottish Public Services Ombudsman Act 2002 (asp 11)
18    (1)
The Scottish Public Services Ombudsman Act 2002 is amended as follows.
      (2)
In section 7 (matters which may be investigated: restrictions), after
30
subsection (6) there is inserted—
“(6A)
The Ombudsman must not investigate action taken by or on behalf
of the Health Protection Agency in the exercise in or as regards
Scotland of any function to the extent that the function is not
exercisable within devolved competence (within the meaning of
35
section 54 of the Scotland Act 1998 (c.46)).”
      (3)
In Schedule 2 (persons liable to investigation) after paragraph 89 (Unrelated

Health Protection Agency Bill [HL]
Schedule 4 — Repeals
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Live Transplant Regulatory Authority) there is inserted the following—
“Other bodies
90
The Health Protection Agency.”
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003
(S.I. 2003/505)
5
19
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd)
(Establishment) Order 2003 is revoked.
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 (S.I. 2003/
506)
20
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations
10
2003 are revoked.
Schedule 4
Section 11

Repeals

Short title and chapter
Extent of repeal

Parliamentary Commissioner
In Schedule 2, the entry relating to the National

15

Act 1967 (c. 13)
Radiological Protection Board

Radiological Protection Act
The whole Act (so far as not already repealed)

1970 (c. 46)

Health and Safety at
Section 77

Work etc. Act 1974 (c. 37)

20

House of Commons
In Schedule 1, in Part 2, the entry relating to the

Disqualification Act 1975
National Radiological Protection Board

(c. 24)

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entry relating to

the National Radiological Protection Board

25

Health and Safety at Work
Article 52

(Northern Ireland) Order

1978 (S.I. 1978/1039 (N.I. 9))

Government of Wales Act 1998
In Schedule 5, paragraph 35

(c. 38)

30

Freedom of Information Act
In Schedule 1, in Part 6, the entry relating to the

2000 (c. 36)
National Radiological Protection Board

Health Protection Agency Bill [HL]
Schedule 4 — Repeals
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Short title and chapter
Extent of repeal

Nationality, Immigration and
In section 133(4), after paragraph (c)(i) “or” and

Asylum Act 2002 (c. 41)
after paragraph (d)(ii) “or”

Scottish Public Services
In Schedule 2, in Part 2, paragraph 80

Ombudsman Act 2002 (asp

5

11)