Health Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Health Bill

Health Bill
Part 7 — Final provisions
58

76
Amendments, repeals and revocations
(1)
Schedule 8 contains minor and consequential amendments.
(2)
Schedule 9 makes provision for the repeal and revocation of enactments
(including enactments which are spent).
(3)
The Secretary of State may by order make—
5
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as he considers appropriate for the general purposes of, or any particular
purposes, of this Act or in consequence of, or for giving full effect to, any
provision made by this Act.
10
(4)
An order under subsection (3) may amend, repeal, revoke or otherwise modify
any enactment.
77
Expenses
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State by virtue of this Act;
15
(b)
any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.
78
Interpretation
(1)
In this Act—
“the 1977 Act” means the National Health Service Act 1977 (c. 49);
20
“the 2003 Act” means the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43);
“the appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales;
25
“the health service”—
(a)
in relation to England and Wales, has the same meaning as in
the 1977 Act,
(b)
in relation to Scotland, has the same meaning as in the National
Health Service (Scotland) Act 1978 (c. 29), and
30
(c)
in relation to Northern Ireland, means health services within the
meaning given by Article 2(2) of the Health and Personal Social
Services (Northern Ireland) Order 1972 (S.I. 1972/1265
(N.I. 14)).
(2)
In this Act “enactment” includes—
35
(a)
any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)), and
(b)
(in sections 16(5)(f) and 76(4)) any provision made by or under an Act
of the Scottish Parliament or Northern Irish legislation,

and references to enactments include enactments passed or made after the
40
passing of this Act.
(3)
Subsection (2) applies except where the context otherwise requires.

Health Bill
Part 7 — Final provisions
59

79
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 71,
(b)
sections 75, 76(3) and (4), 77 and 78, this section and section 80, and
5
(c)
paragraphs 36, 51 and 52 of Schedule 8, and
(d)
section 76(1) so far as relating to those paragraphs.
(2)
Part 5 comes into force on such day as the Secretary of State, after consulting
the National Assembly for Wales, may by order appoint.
(3)
The following provisions come into force in relation to Wales on such day as
10
the National Assembly for Wales may by order appoint—
(a)
Part 1 and sections 72 and 73 so far as relating to offences under that
Part, and
(b)
paragraphs 24(a) and 43 of Schedule 8 and section 76(1) so far as
relating to those paragraphs.
15
(4)
The following provisions come into force on such day as the National
Assembly for Wales may by order appoint—
(a)
Chapter 1 of Part 3 and sections 72 to 74 so far as relating to the
Assembly’s functions under that Chapter (see section 22) or to offences
committed in relation to those functions,
20
(b)
Chapter 1 of Part 4 so far as relating to the Assembly’s functions under
sections 42 and 42B of the 1977 Act,
(c)
Chapter 3 of Part 4 and sections 72 to 74 so far as relating to the
Assembly’s counter fraud functions in relation to the health service in
Wales (see section 41) or to offences committed in relation to those
25
functions,
(d)
section 53 and Schedule 3 so far as relating to Welsh NHS bodies (see
paragraph 2 of the Schedule 12B inserted by that Schedule),
(e)
paragraphs 42 and 60 of Schedule 8,
(f)
Schedule 9 so far as it repeals provisions of the Public Audit (Wales) Act
30
2004 (c. 23), and
(g)
section 76(1) and (2) so far as relating to the provisions in paragraphs
(e) and (f).
(5)
The following provisions come into force on such day as the Department of
Health, Social Services and Public Safety may by order appoint—
35
(a)
Chapter 1 of Part 3 so far as relating to the functions of the Department
of Health, Social Services and Public Safety under that Chapter (see
section 22), and
(b)
sections 72 and 73 so far as relating to offences committed in relation to
those functions.
40
(6)
Otherwise, this Act comes into force on such day as the Secretary of State may
by order appoint.
(7)
Different days may be appointed for different provisions, different purposes or
different areas.
80
Short title and extent etc.
45
(1)
This Act may be cited as the Health Act 2006.

Health Bill
Part 7 — Final provisions
60

(2)
Subject to subsections (3) and (4), this Act extends to England and Wales only.
(3)
The following provisions extend also to Scotland and Northern Ireland—
(a)
Chapter 1 of Part 3,
(b)
Part 5, and
(c)
sections 72, 73, 75 to 79 and this section.
5
(4)
Any amendment, repeal or revocation made by this Act (other than the
amendments made by section 70 and paragraph 53 of Schedule 8) has the same
extent as the enactment to which it relates.
(5)
The transfer, by virtue of article 2 of and Schedule 1 to the Scotland Act 1998
(Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/
10
1750), of the functions of the Secretary of State under section 109 of the
Medicines Act 1968 (enforcement in Scotland) does not have effect in relation
to the amendments made to the Medicines Act 1968 (c. 67) by Chapter 2 of Part
3 of this Act.

Health Bill
Schedule 1 — Fixed penalties
61

Schedules
Schedule 1
Section 8

Fixed penalties
Contents of penalty notice
1
A penalty notice must—
5
(a)
state the alleged offence, and
(b)
give such particulars of the circumstances alleged to constitute it as
are necessary for giving reasonable information about it.
2     (1)
A penalty notice must also state—
(a)
the name and address of the enforcement authority on whose behalf
10
the authorised officer was acting when he gave the notice,
(b)
the amount of the penalty and the period for its payment,
(c)
the discounted amount and the period for its payment,
(d)
the consequences of not paying the penalty or the discounted
amount before the end of the period mentioned in paragraph (b) or
15
(c),
(e)
the person to whom and the address at which payment may be
made,
(f)
by what method payment may be made,
(g)
the person to whom and the address at which any representations
20
relating to the notice may be made.
      (2)
The person mentioned in sub-paragraph (1)(e) and (g) must be the
enforcement authority referred to in sub-paragraph (1)(a).
3
A penalty notice must also—
(a)
inform the person to whom it is given of his right to be tried for the
25
alleged offence, and
(b)
explain how that right may be exercised.
4
A penalty notice must be in a form specified in regulations made by the
appropriate national authority.
Amount of penalty and period for payment
30
5
The penalty is such amount as the Secretary of State may specify in
regulations.
6
The period for payment of the penalty is the period of 29 days beginning
with the day on which the notice is given.

Health Bill
Schedule 1 — Fixed penalties
62

Discounted amount and period for payment
7     (1)
A discounted amount is payable instead of the amount specified in
regulations under paragraph 5 if payment is made before the end of the
period for payment of the discounted amount.
      (2)
That period is the period of 15 days beginning with the day on which the
5
notice is given, unless the 15th day is not a working day.
      (3)
If the 15th day is not a working day, that period is the period beginning with
the day on which the notice is given and ending immediately after the first
working day following the 15th day.
      (4)
In this paragraph, “working day” means any day which is not Saturday,
10
Sunday, Christmas Day, Good Friday or a day which is a bank holiday in
England and Wales under the Banking and Financial Dealings Act 1971
(c. 80).
8
The discounted amount is such amount as the Secretary of State may specify
in regulations.
15
Effect of notice and payment
9     (1)
Proceedings for the offence in respect of which a penalty notice was given
may not be brought before the end of the period for payment of the penalty.
      (2)
Sub-paragraph (1) does not apply if the person to whom the notice was
given has asked in accordance with paragraphs 14 and 15 to be tried for the
20
alleged offence.
10
If the penalty is paid in accordance with the penalty notice before the end of
the period mentioned in paragraph 9(1), no proceedings for the offence may
be brought, and paragraph 14 does not apply.
11
If the discounted amount is paid in accordance with the penalty notice
25
before the end of the period for payment of the discounted amount, no
proceedings for the offence may be brought, and paragraph 14 does not
apply.
12
If proceedings have been brought pursuant to a request under paragraph 14,
but then the penalty or discounted amount is paid as mentioned in
30
paragraph 10 or 11, those proceedings may not be continued.
13
In any proceedings, a certificate is evidence of the facts which it states if it—
(a)
purports to be signed by or on behalf of the person responsible for
the financial affairs of the enforcement authority on whose behalf the
authorised officer who gave a penalty notice was acting, and
35
(b)
states that payment of the penalty or discounted amount in
pursuance of the notice was or was not received by a date specified
in the certificate.
Trial
14
If the person to whom a penalty notice has been given asks to be tried for the
40
alleged offence, proceedings may be brought against him.
15
Any request to be tried must be made—

Health Bill
Schedule 2 — Powers of entry, etc.
63

(a)
by notice given to the enforcement authority in question before the
end of the period for payment of the penalty,
(b)
in the manner specified in the penalty notice.
Withdrawal of notices
16    (1)
This paragraph applies if an enforcement authority considers that a penalty
5
notice which an authorised officer acting on its behalf has given to a person
(“P”) ought not to have been given.
      (2)
The enforcement authority may give notice to P withdrawing the penalty
notice.
      (3)
If it does so—
10
(a)
it must repay any amount which has been paid by way of penalty in
pursuance of the penalty notice, and
(b)
no proceedings may be brought or continued against P for the
offence in question.
Schedule 2
15
Section 10

Powers of entry, etc.
1
In this Schedule—
“authorised officer” means authorised officer of an enforcement
authority,
“premises” includes any place and any vehicle.
20
2
An authorised officer has the right to do any of the following, on production
(if required) of his written authority—
(a)
at any reasonable hour, enter any premises (other than premises
used only as a private dwelling house not open to the public) which
he considers it is necessary for him to enter for the purpose of the
25
proper exercise of his functions by virtue of Part 1 of this Act,
(b)
there carry out such inspections and examinations as he considers
necessary for that purpose,
(c)
if he considers it necessary for that purpose, require the production
of any substance or product, and inspect it, and take and retain
30
samples of or extracts from it,
(d)
take possession of any substance or product on the premises, and
retain it for as long as he considers necessary for that purpose,
(e)
require any person to give him such information, or afford him such
facilities and assistance, as he considers necessary for that purpose.
35
3
An authorised officer may, if he considers it necessary for the purpose of the
proper exercise of his functions by virtue of Part 1 of this Act, arrange for any
substance, product, sample or extract mentioned in paragraph 2(c) or (d) to
be analysed.
4
An authorised officer may make such purchases and secure the provision of
40
such services as he considers necessary for the purpose of the proper
exercise of his functions by virtue of Part 1 of this Act.

Health Bill
Schedule 2 — Powers of entry, etc.
64

5
A person may not be required under paragraph 2 to give any information
which he would be entitled to refuse to give in proceedings in the High
Court on grounds of legal professional privilege.
6     (1)
A justice of the peace may exercise the power in sub-paragraph (3) if he is
satisfied on sworn information in writing—
5
(a)
that for the purpose of the proper exercise of the functions of an
enforcement authority under Part 1 of this Act there are reasonable
grounds for entry into any premises other than premises used only
as a private dwelling house not open to the public, and
(b)
of either or both of the matters mentioned in sub-paragraph (2).
10
      (2)
The matters are—
(a)
that admission to the premises has been, or is likely to be, refused,
and that notice of intention to apply for a warrant under this
Schedule has been given to the occupier or a person who reasonably
appears to the enforcement authority to be concerned in the
15
management of the premises,
(b)
that an application for admission, or the giving of such notice, would
defeat the object of the entry, or that the premises are unoccupied, or
that the occupier is temporarily absent and it might defeat the object
of the entry to await his return.
20
      (3)
The justice may by warrant signed by him authorise any authorised officer
to enter the premises, if need be by force.
      (4)
Such a warrant continues in force until the end of the period of one month
beginning with the date on which the justice signs it.
7
An authorised officer entering any premises by virtue of paragraph 2, or of
25
a warrant under paragraph 6, may take with him such other persons and
such equipment as he considers necessary.
8
If premises which an authorised officer is authorised to enter by a warrant
under paragraph 6 are unoccupied, or if the occupier is temporarily absent,
then on leaving them that officer must leave the premises as effectively
30
secured against unauthorised entry as he found them.
9
If by virtue of paragraph 2(d) an authorised officer takes possession of
anything, he must leave on the premises from which it was taken a statement
giving particulars of what he has taken and stating that he has taken
possession of it.
35
10
If a direction of the appropriate national authority has effect under section
10(4), this Schedule has effect, in relation to any case or case of a description
specified in the direction, as if references to an authorised officer were to a
person acting on behalf of the appropriate national authority.