Health Protection Agency Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Health Protection Agency Bill [HL]

Health Protection Agency Bill [HL]
5

5
Co-operation
(1)
In the exercise of its functions the Agency must co-operate with other bodies
which exercise functions relating to health or any other matter in relation to
which the Agency also exercises functions.
(2)
A body other than the Agency mentioned in subsection (1) must co-operate
5
with the Agency in the exercise by the body of any such function it has.
(3)
In subsection (1) the reference to other bodies includes bodies established
outside the United Kingdom.
6
Appropriate authority
(1)
Except as otherwise provided for in this section the appropriate authority is the
10
Secretary of State.
(2)
In relation to any function which is exercisable in relation to Wales by the
National Assembly for Wales acting alone, the appropriate authority is the
National Assembly.
(3)
In relation to any function which is exercisable for the purposes of a transferred
15
matter (within the meaning of section 4(1) of the Northern Ireland Act 1998
(c. 47)), the appropriate authority is the Department of Health, Social Services
and Public Safety in Northern Ireland.
(4)
In relation to any function which is exercisable within devolved competence
(within the meaning of the Scotland Act 1998 (c. 46)), the appropriate authority
20
is the Scottish Ministers.
(5)
In relation to any function which is exercisable in relation to any part of the
United Kingdom by more than one of the persons mentioned in subsections (1)
to (4), the appropriate authority is both or all (as the case may be) of those
persons acting jointly.
25
7
Publication of information
(1)
The Agency may publish in such manner as it thinks appropriate—
(a)
information it obtains from any source;
(b)
advice it provides to any person.
(2)
But the Agency must not publish any matter—
30
(a)
which contravenes the Data Protection Act 1998 (c. 29);
(b)
in contravention of an express restriction contained in any other
enactment on the publication of the matter;
(c)
if the publication is not in the public interest.
(3)
Enactment includes—
35
(a)
any provision of or instrument made under an Act of the Scottish
Parliament;
(b)
Northern Ireland legislation.
8
Transfer of property and staff etc.
(1)
The Secretary of State may make a scheme for the transfer of property, rights
40
and liabilities of the bodies mentioned in subsection (2) to the Agency.

Health Protection Agency Bill [HL]
6

(2)
These are the bodies—
(a)
the Special Health Authority known as the Health Protection Agency
established by the Health Protection Agency (Yr Asiantaeth Diogelu
Iechyd) (Establishment) Order 2003 (S.I. 2003/505);
(b)
the National Radiological Protection Board.
5
(3)
The Secretary of State must not make a scheme in respect of the body
mentioned in subsection (2)(a) unless he first consults the National Assembly
for Wales.
(4)
The Secretary of State must not make a scheme in respect of the body
mentioned in subsection (2)(b) unless he first consults—
10
(a)
the Scottish Ministers;
(b)
the Department of Health, Social Services and Public Safety in
Northern Ireland;
(c)
the National Assembly for Wales.
(5)
The appropriate authority may make a scheme for the transfer of property,
15
rights and liabilities of a relevant body to the Agency.
(6)
A relevant body is a body—
(a)
established otherwise than by or under any enactment,
(b)
all of the functions of which are conferred on the Agency in pursuance
of a direction or order under this Act, and
20
(c)
which is specified in a scheme.
(7)
If the appropriate authority varies or revokes a direction or order under section
2 or 3, it may make a scheme for the transfer of the rights and liabilities of the
Agency specified in subsection (8) to a relevant transferee.
(8)
The rights and liabilities are the rights and liabilities relating to the contract of
25
employment of any individual whose employment, in the opinion of the
appropriate authority, relates wholly or principally to the Agency’s exercise of
a removed function.
(9)
A removed function is a function which is the subject of the direction or order
which the appropriate authority varies or revokes.
30
(10)
A relevant transferee is an entity which, following the variation or revocation
of the direction or order, is to exercise the removed function.
(11)
The appropriate authority must not make a scheme under subsection (7) unless
it first consults, in respect of the scheme, each person or body that it must
consult in respect of the variation or revocation of the direction or order under
35
section 2 or 3.
(12)
Schedule 2 makes provision in relation to a scheme under this section.
(13)
Enactment includes—
(a)
any provision of or instrument made under an Act of the Scottish
Parliament;
40
(b)
Northern Ireland legislation.
9
Directions
(1)
A direction—
(a)
must be given in writing;

Health Protection Agency Bill [HL]
7

(b)
may be varied by a subsequent such direction.
(2)
A direction under section 2(2), (3) or (4) must be given in regulations made by
statutory instrument.
(3)
A statutory instrument making regulations giving a direction under section
2(2)(a) or (3) is subject to annulment in pursuance of a resolution of either
5
House of Parliament.
10
Health care provision: standards
(1)
In so far as any health care is provided by or for the Agency it is to be treated
for the purposes of the standards provisions as an English NHS body.
(2)
Health care must be construed in accordance with section 45 of the Health and
10
Social Care (Community Health and Standards) Act 2003.
(3)
The standards provisions are Chapters 2, 3 and 10 of Part 2 of that Act.
(4)
The references in section 53 of that Act (failings of bodies) to special measures
are, in relation to the Agency, references to anything that may be done by the
appropriate authority in pursuance of section 4 above.
15
(5)
Section 57 of that Act (studies as to economy and efficiency, etc.) does not apply
to the Agency.
(6)
This section does not extend to Scotland and Northern Ireland.
11
Amendments and repeals
(1)
Schedule 3 contains amendments.
20
(2)
Schedule 4 contains repeals.
(3)
A reference in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 (S.I. 1999/672) to an enactment amended by Schedule 3
below must be taken to be a reference to the enactment as so amended.
12
Commencement
25
(1)
Except as provided in subsection (3) the preceding provisions of this Act come
into force on such day as the Secretary of State may by order made by statutory
instrument appoint.
(2)
Different days may be appointed for different purposes.
(3)
Paragraph 3 of Schedule 3 comes into force two months after the day on which
30
this Act is passed.
(4)
The Secretary of State must not make an order under subsection (1) for the
purposes of section 1 unless he first consults—
(a)
the Scottish Ministers;
(b)
the Department of Health, Social Services and Public Safety in
35
Northern Ireland;
(c)
the National Assembly for Wales.
(5)
The appropriate authority may by order make such provision as it thinks
necessary or expedient in consequence of the coming into force of this Act

Health Protection Agency Bill [HL]
8

(including provision amending, repealing or revoking any enactment passed
or made before the passing of this Act).
(6)
Unless an order under subsection (5) amends or repeals an enactment
contained in an Act or an Act of the Scottish Parliament—
(a)
if it is made by the Secretary of State it must be made by statutory
5
instrument subject to annulment in pursuance of a resolution of either
House of Parliament;
(b)
if it is made by the Scottish Ministers it must be made by statutory
instrument subject to annulment in pursuance of a resolution of the
Scottish Parliament;
10
(c)
if it is made by the Department of Health, Social Services and Public
Safety in Northern Ireland it must be made by statutory rule (for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)) subject to negative resolution.
(7)
The power to make an order under subsection (5) which does amend or repeal
15
such an enactment—
(a)
is exercisable by the Secretary of State by statutory instrument but no
such order may be made unless a draft of the order has been approved
by a resolution of each House of Parliament;
(b)
is exercisable by the Scottish Ministers by statutory instrument but no
20
such order may be made unless a draft of the order has been approved
by a resolution of the Scottish Parliament;
(c)
is exercisable by the Department of Health, Social Services and Public
Safety in Northern Ireland by statutory rule subject to affirmative
resolution.
25
(8)
An order made by the National Assembly for Wales must be made by statutory
instrument.
(9)
Negative resolution and affirmative resolution must be construed in
accordance with section 41 of the Interpretation Act (Northern Ireland) 1954
(c. 33 (N.I.)).
30
(10)
Enactment includes—
(a)
any provision of or instrument made under an Act of the Scottish
Parliament;
(b)
Northern Ireland legislation.
13
Short Title
35
(1)
This Act may be cited as the Health Protection Agency Act 2004.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.
40