| Amendments proposed to the Health Bill - continued | House of Commons |
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Mr Andrew Lansley 27 Clause 71, page 55, line 14, leave out 'which may be' and insert 'that will be'.
Mr Andrew Lansley 28 Clause 71, page 55, line 19, leave out 'which may be' and insert 'that will be'.
Mr Andrew Lansley 22 Clause 75, page 57, line 24, leave out from 'instrument' to end of line 31 and insert 'under this Act'.
Mr Andrew Lansley 2 Clause 75, page 57, line 25, after 'section', insert '2 (5)'.
Mr Andrew Lansley 3 Clause 75, page 57, line 25, after '4', insert '5'.
Mr Andrew Lansley 4 Clause 75, page 57, line 25, leave out '6(8)' and insert '6'.
Steve Webb 97 Clause 75, page 57, line 25, leave out 'or (9)(6)' and insert '(9)(6) or 13'.
Caroline Flint 83 Clause 75, page 57, line 37, at end insert—'( ) No statutory instrument containing an order under section 76(3A) which amends or repeals any provision of an Act or an Act of the Scottish Parliament may be made by the Scottish Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament. ( ) Otherwise, a statutory instrument containing an order under section 76(3A) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.'.
Mr Andrew Lansley 68 Clause 75, page 57, line 45, at end add—'(8) Any statutory instrument made under Part 1 of this Act will cease to have effect three years after it comes into force unless the instrument concerned has been laid before and approved for continuation by a resolution of each House of Parliament.'.
Caroline Flint 84 Clause 76, page 58, line 10, at end insert—'(3A) The Scottish Ministers may by order make—
(3B) Those provisions are—
(3D) An order under subsection (3) may not include any provision which it would be competent for the Scottish Ministers to make in an order under subsection (3A).'.
Caroline Flint 85 Clause 76, page 58, line 11, after '(3)' insert 'or (3A)'.
Caroline Flint 86 Clause 79, page 59, line 5, leave out first 'and' and insert 'to'.
Caroline Flint 87 Clause 79, page 59, line 7, at end insert—'( ) The following provisions come into force on such day as the Scottish Ministers may by order appoint—
Steve Webb 54 Clause 79, page 59, line 40, at end insert—'(5A) Part 1 and sections 72 and 73 so far as relating to offences under that Part shall come into force in relation to England at noon on 1st January 2007;'.
Caroline Flint 88 Clause 80, page 60, line 6, leave out from 'Act' to 'has' in line 7
Caroline Flint 89 Clause 80, page 60, line 9, leave out subsection (5).
REMAINING NEW CLAUSESBreastfeeding etc.
Mr David Kidney NC3 To move the following Clause:—'(1) Subject to subsection (2), it is an offence deliberately to prevent or stop a person in charge of a child from feeding milk to that child in a public place or on licensed premises. (2) Subsection (1) does not apply if the child, at the material time, is not lawfully permitted to be in the public place or on the licensed premises otherwise than for the purpose of being fed milk. (3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (4) In this section—
Vicarious liability
Mr David Kidney NC4 To move the following Clause:—'(1) Anything done by a person in the course of that person's employment shall, in any proceedings brought under section [Breastfeeding etc.], be treated for the purpose of this section as done also by that person's employer, whether or not it was done with the employer's knowledge or approval. (2) Anything done by a person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under section [Breastfeeding etc.] be treated for the purpose of this section as done also by that other person. (3) In proceedings brought under this Part of this Act against an employer in respect of an offence under section [Breastfeeding etc.] alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee from committing such an offence in the course of the employee's employment. (4) In this section, "employment" means employment under a contract of service or of an apprenticeship or a contract personally to do any work; and related expressions are to be construed accordingly.'.
Fixed penalties for offence of preventing a person feeding milk to a child
Mr David Kidney NC5 To move the following Clause:—'(1) An authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section [Breastfeeding etc.] on premises, or in a place or vehicle, in relation to which the authorised officer has functions may give him a penalty notice in respect of the offence. (2) A penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Part. (3) Schedule 1 makes further provision about fixed penalties.'.
Promotion and support of breastfeeding
Mr David Kidney NC6 To move the following Clause:—'(1) After section 1A of the National Health Service Act 1977 (c. 49) insert—
(1) The Secretary of State shall make arrangements to such extent as he considers necessary to meet all reasonable requirements, for the purpose of supporting and encouraging the breastfeeding of children by their mothers. (2) The Secretary of State shall have the power to disseminate, by whatever means, information promoting and encouraging breastfeeding.".'.
Jeff Ennis 71 Title, line 2, after 'vehicles', insert 'to make provision in relation to the sale of tobacco'.
Mr David Kidney 70 Title, line 10, after 'Commission;', insert 'to make it an offence to prevent or stop a person in charge of a child who is otherwise to be permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding;'.
ORDER OF THE HOUSE [29TH NOVEMBER 2005]That the following provisions shall apply to the Health Bill:
Committal 1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Commitee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 10th January 2006.3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
ORDER OF THE COMMITTEE [6TH DECEMBER 2005]That—(1) during proceedings on the Health Bill the Standing Committee shall (in addition to its first meeting at 10.35 a.m. on Tuesday 6th December) meet—
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 10th January.
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