Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

Health Bill
Part 6 — Miscellaneous
55

Authorities) at the end add—
“(9)
The liabilities which may be transferred by virtue of this section and
section 126(4) below to a relevant transferee on the abolition of a
Strategic Health Authority include criminal liabilities.
(10)
In subsection (9) above “relevant transferee” means—
5
(a)
a Special Health Authority,
(b)
a Primary Care Trust,
(c)
an NHS trust,
(d)
an NHS foundation trust, or
(e)
another Strategic Health Authority.”
10
(2)
In section 11 of that Act (Special Health Authorities)—
(a)
after subsection (4) insert—
“(4A)
The liabilities which may be transferred by virtue of this section
and section 126(3) and (4) below to a relevant transferee on the
abolition of a Special Health Authority include criminal
15
liabilities.
(4B)
In subsection (4A) above “relevant transferee” means—
(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
(c)
a Local Health Board,
20
(d)
an NHS trust,
(e)
an NHS foundation trust, or
(f)
another Special Health Authority.”, and
(b)
in subsection (5) after “an order” insert “as is mentioned in subsection
(4) above”.
25
(3)
In paragraph 20 of Schedule 5A to that Act (transfer of property, rights and
liabilities on dissolution of Primary Care Trust) after sub-paragraph (1)
insert—
   “(1A)
The liabilities which may be transferred by virtue of sub-paragraph
(1) above to a Strategic Health Authority, a Special Health Authority,
30
an NHS trust, an NHS foundation trust or another Primary Care
Trust include criminal liabilities.”
(4)
In paragraph 19 of Schedule 5B to that Act (transfer of property, rights and
liabilities on dissolution of Local Health Board) after sub-paragraph (1)
insert—
35
   “(1A)
The liabilities which may be transferred by virtue of sub-paragraph
(1) above to another Local Health Board include criminal liabilities.”
(5)
In paragraph 30 of Schedule 2 to the National Health Service and Community
Care Act 1990 (c. 19) (transfer of property, rights and liabilities on dissolution
of NHS trust) after sub-paragraph (1) insert—
40
   “(1A)
The liabilities which may be transferred by virtue of sub-paragraph
(1) above to any of the bodies mentioned in paragraphs (aa) to (c) of
that sub-paragraph include criminal liabilities.”
(6)
In section 25 of the 2003 Act (dissolution of NHS foundation trusts) after

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Part 6 — Miscellaneous
56

subsection (3) insert—
“(3A)
The liabilities which may be transferred by virtue of subsection (3) to
any of the bodies mentioned in paragraphs (a) to (c) of that subsection
include criminal liabilities.”
(7)
In section 28 of that Act (supplementary provision about mergers) after
5
subsection (3) insert—
“(3A)
In section 27(1) and (2), and subsections (1) and (2) above, “liabilities”
includes criminal liabilities; and an order under subsection (3) above
may transfer any remaining criminal liabilities to any of the bodies
mentioned in section 25(3)(a) to (c).”
10
Local Health Boards and Welsh health authorities
72
Amendments relating to Local Health Boards and abolition of Welsh health
authorities
(1)
The Secretary of State or the Assembly may by order make such amendments
of any enactment as he or it considers appropriate—
15
(a)
in order to reflect the fact that (by virtue of relevant directions)
transferred functions may be exercised by Local Health Boards, or
(b)
otherwise in consequence of, or in connection with, the abolition of
Welsh health authorities effected under section 27(5) of the
Government of Wales Act 1998 (c. 38).
20
(2)
Where a transferred function which became exercisable by a Local Health
Board by virtue of relevant directions ceases to be so exercisable, the Secretary
of State or the Assembly may by order—
(a)
substitute for any reference to a Local Health Board in any enactment
relating to the function a reference to the Assembly, and
25
(b)
make such amendments of any enactment as he or it considers
appropriate in consequence of any such substitution.
(3)
No order may be made under subsection (1)(a) in relation to a transferred
function on or after the date on which subsection (4) applies to the function.
(4)
This subsection applies to a transferred function on the date when either of the
30
following comes into force in relation to the function—
(a)
an order made under subsection (1)(b) which amends an enactment so
as to provide for the function to be exercisable only by the Assembly, or
(b)
an order made under subsection (2).
(5)
In this section—
35
“amendments” includes repeals, revocations and modifications;
“the Assembly” means the National Assembly for Wales;
“relevant directions” means directions given in regulations made under
section 16BB of the National Health Service Act 1977 (c. 49);
“transferred function” means a function transferred to the Assembly by
40
the Health Authorities (Transfer of Functions, Staff, Property, Rights
and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W.
98));
“Welsh health authority” means a Health Authority for an area in, or
consisting of, Wales.
45

Health Bill
Part 7 — Final provisions
57

Part 7
Final provisions
73
Offences by bodies corporate etc.
(1)
If an offence committed by a body corporate is proved—
(a)
to have been committed with the consent or connivance of an officer, or
5
(b)
to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.
(2)
In subsection (1) “officer”, in relation to the body corporate, means a director,
manager, secretary or other similar officer of the body, or a person purporting
10
to act in any such capacity.
(3)
If the affairs of a body corporate are managed by its members, subsection (1)
applies in relation to the acts and defaults of a member in connection with his
functions of management as if he were a director of the body corporate.
(4)
If an offence committed by a partnership is proved—
15
(a)
to have been committed with the consent or connivance of a partner, or
(b)
to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be
proceeded against and punished accordingly.
(5)
In subsection (4) “partner” includes a person purporting to act as a partner.
20
(6)
If an offence committed by an unincorporated association (other than a
partnership) is proved—
(a)
to have been committed with the consent or connivance of an officer of
the association or a member of its governing body, or
(b)
to be attributable to any neglect on the part of such an officer or
25
member,

the officer or member as well as the association is guilty of the offence and
liable to be proceeded against and punished accordingly.
(7)
In this section and section 74 “offence” means an offence under any provision
of this Act.
30
74
Offences committed by partnerships and other unincorporated associations
(1)
Proceedings for an offence alleged to have been committed by a partnership
shall be brought in the name of the partnership (and not in that of any of the
partners).
(2)
Proceedings for an offence alleged to have been committed by an
35
unincorporated association (other than a partnership) shall be brought in the
name of the association (and not in that of any of its members).
(3)
Rules of court relating to the service of documents shall have effect as if the
partnership or unincorporated association were a body corporate.
(4)
In proceedings for an offence brought against a partnership or an
40
unincorporated association, the following provisions apply as they apply in
relation to a body corporate—

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(a)
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the
Magistrates’ Courts Act 1980 (c. 43);
(b)
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995
(c. 46);
(c)
section 18 of the Criminal Justice Act (Northern Ireland) 1945
5
(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern
Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
(5)
A fine imposed on a partnership on its conviction for an offence is to be paid
out of the partnership assets.
(6)
A fine imposed on an unincorporated association on its conviction for an
10
offence is to be paid out of the funds of the association.
(7)
Subsections (1) and (2) are not to be read as prejudicing any liability of a
partner, officer or member under section 73(4) or (6).
75
Penalties for offences: transitional modification for England and Wales
(1)
This section contains transitional modifications in respect of penalties for
15
certain offences committed in England and Wales.
(2)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ courts
power to impose imprisonment), the references in sections 19(2)(b) and
49(5)(b) of this Act to periods of imprisonment of 12 months are to be read as
20
references to periods of imprisonment of 6 months.
(3)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
the references in sections 49(2)(a) and 50(2)(b) of this Act to periods of
imprisonment of 51 weeks are to be read as references to periods of
25
imprisonment of 3 months.
76
Orders and regulations
(1)
Subject to subsection (2), any power to make an order or regulations under this
Act is exercisable by statutory instrument.
(2)
Any power of the Department of Health, Social Services and Public Safety to
30
make an order or regulations under this Act is exercisable by statutory rule for
the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/
1573 (N.I. 12).
(3)
Any power to make an order or regulations under this Act—
(a)
may be exercised so as to make different provision for different cases or
35
descriptions of case or different purposes or areas, and
(b)
includes power to make such incidental, supplementary,
consequential, transitory, transitional or saving provision as the
authority making the order or regulations considers appropriate.
(4)
No statutory instrument containing—
40
(a)
regulations under section 3, 4, 6(8), 7(5) or 9(6),
(b)
regulations under section 16 which amend or repeal any provision of
an Act or an Act of the Scottish Parliament,
(c)
an order under section 42(7),

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Part 7 — Final provisions
59

(d)
an order under section 72 or 77(3) which amends or repeals any
provision of an Act or an Act of the Scottish Parliament, or
(e)
regulations under paragraph 5 or 8 of Schedule 1,

may be made by the Secretary of State unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.
5
(5)
Otherwise, a statutory instrument containing any order or regulations made by
the Secretary of State under this Act (other than an order under section 80) is to
be subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
No statutory instrument containing an order under section 77(4) which
10
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.
(7)
Otherwise, a statutory instrument containing an order under section 77(4) is to
be subject to annulment in pursuance of a resolution of the Scottish Parliament.
15
(8)
A statutory rule containing regulations made by the Department of Health,
Social Services and Public Safety under section 16 which amend or repeal any
provision of an Act is to be subject to affirmative resolution within the meaning
of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
(9)
Otherwise, a statutory rule containing regulations made by the Department of
20
Health, Social Services and Public Safety under Chapter 1 of Part 3 is to be
subject to negative resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954.
77
Amendments, repeals and revocations
(1)
Schedule 8 contains minor and consequential amendments.
25
(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—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,
30

as he considers appropriate for the general purposes, or any particular
purposes, of this Act or in consequence of, or for giving full effect to, any
provision made by this Act.
(4)
The Scottish Ministers may by order make—
(a)
such supplementary, incidental or consequential provision, or
35
(b)
such transitory, transitional or saving provision,

as they consider appropriate for the general purposes, or any particular
purposes, of the provisions specified in subsection (5) or in consequence of, or
for giving full effect to, any of those provisions.
(5)
Those provisions are—
40
(a)
section 33(2),
(b)
so far as extending to Scotland, section 70 and paragraph 53 of Schedule
8.

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Part 7 — Final provisions
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(6)
An order under subsection (4) may not include any provision which would be
outside the legislative competence of the Scottish Parliament if it were
included in an Act of that Parliament.
(7)
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
5
(4).
(8)
An order under subsection (3) or (4) may amend, repeal, revoke or otherwise
modify any enactment.
78
Expenses
There shall be paid out of money provided by Parliament—
10
(a)
any expenditure incurred by the Secretary of State by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
79
Interpretation
(1)
In this Act—
15
“the 1977 Act” means the National Health Service Act 1977 (c. 49);
“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
20
(b)
in relation to Wales, the National Assembly for Wales;
“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
25
Health Service (Scotland) Act 1978 (c. 29), and
(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)).
30
(2)
In this Act “enactment” includes—
(a)
any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)), and
(b)
(in sections 16(5)(f) and 77(8)) any provision made by or under an Act
of the Scottish Parliament or Northern Ireland legislation,
35

and references to enactments include enactments passed or made after the
passing of this Act.
(3)
Subsection (2) applies except where the context otherwise requires.
80
Commencement
(1)
The following provisions come into force on the day on which this Act is
40
passed—
(a)
sections 71 and 72,
(b)
sections 76, 77(3) to (8), 78 and 79, this section and section 81, and

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(c)
paragraphs 36, 51 and 52 of Schedule 8, and
(d)
section 77(1) so far as relating to those paragraphs.
(2)
The following provisions come into force on such day as the Scottish Ministers
may by order appoint—
(a)
section 33(2), and
5
(b)
so far as extending to Scotland—
(i)
section 70,
(ii)
paragraph 53 of Schedule 8, and
(iii)
section 77(1) so far as relating to that paragraph.
(3)
Part 5 comes into force on such day as the Secretary of State, after consulting
10
the National Assembly for Wales, may by order appoint.
(4)
The following provisions come into force in relation to Wales on such day as
the National Assembly for Wales may by order appoint—
(a)
Part 1 and sections 73 and 74 so far as relating to offences under that
Part, and
15
(b)
paragraphs 24(a) and 43 of Schedule 8 and section 77(1) so far as
relating to those paragraphs.
(5)
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 73 to 75 so far as relating to the
20
Assembly’s functions under that Chapter (see section 22) or to offences
committed in relation to those functions,
(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 73 to 75 so far as relating to the
25
Assembly’s counter fraud functions in relation to the health service in
Wales (see section 41) or to offences committed in relation to those
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),
30
(e)
paragraphs 42 and 60 of Schedule 8,
(f)
Schedule 9 so far as it repeals provisions of the Public Audit (Wales) Act
2004 (c. 23), and
(g)
section 77(1) and (2) so far as relating to the provisions in paragraphs
(e) and (f).
35
(6)
The following provisions come into force on such day as the Department of
Health, Social Services and Public Safety may by order appoint—
(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
40
(b)
sections 73 and 74 so far as relating to offences committed in relation to
those functions.
(7)
Otherwise, this Act comes into force on such day as the Secretary of State may
by order appoint.
(8)
Different days may be appointed for different provisions, different purposes or
45
different areas.