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National Health Service Bill [HL]


National Health Service Bill [HL]
Schedule 22 — Control of maximum prices for medical supplies

255

 

Territorial extent

3     (1)  

Provisions in or having effect under section 260 or this Schedule which

impose prohibitions, restrictions or obligations apply to—

(a)   

persons in the United Kingdom,

(b)   

persons on board any British ship or aircraft (other than an excepted

5

ship or aircraft within the meaning of sub-paragraph (2)), and

(c)   

persons (wherever they are) who are ordinarily resident in the

United Kingdom and are—

(i)   

British citizens,

(ii)   

British overseas territories citizens,

10

(iii)   

British Overseas citizens,

(iv)   

British subjects under the British Nationality Act 1981 (c. 61),

(v)   

British Nationals (Overseas) (within the meaning of that Act),

or

(vi)   

British protected persons (within the meaning of that Act).

15

      (2)  

In sub-paragraph (1)—

“British aircraft” means an aircraft registered in—

(a)   

any part of Her Majesty’s dominions,

(b)   

any country outside Her Majesty’s dominions in which Her

Majesty has jurisdiction,

20

(c)   

any country consisting partly of one or more colonies and

partly of one or more countries mentioned in paragraph (b),

“excepted ship or aircraft” means a ship or aircraft registered in any

country listed in Schedule 3 to the British Nationality Act 1981 or in

any territory administered by the government of any such country,

25

other than a ship or aircraft at the disposal of, or chartered by or on

behalf of, Her Majesty’s Government in the United Kingdom.

False documents and false statements

4     (1)  

A person must not, with intent to deceive—

(a)   

use any document issued for the purposes of section 260 or this

30

Schedule or of any order made under that section,

(b)   

have in his possession any document so closely resembling a

document mentioned in paragraph (a) as to be calculated to deceive,

or

(c)   

produce, furnish, send or otherwise make use of for purposes

35

connected with that section or this Schedule or any order or direction

made or given under that section, any book, account, estimate,

return, declaration or other document which is false in a material

particular.

      (2)  

A person must not, in furnishing any information for the purposes of section

40

260 or this Schedule or of any order made under that section—

(a)   

make a statement which he knows to be false in a material particular,

or

(b)   

recklessly make a statement which is false in a material particular.

 

 

National Health Service Bill [HL]
Schedule 22 — Control of maximum prices for medical supplies

256

 

Restrictions on disclosing information

5          

No person who obtains any information by virtue of section 260 or this

Schedule may, otherwise than in connection with the execution of that

section or this Schedule or of an order made under that section, disclose that

information except—

5

(a)   

for the purposes of any criminal proceedings, or of a report of any

criminal proceedings, or

(b)   

with permission granted by or on behalf of a Minister of the Crown.

6          

Paragraph 5 does not apply if—

(a)   

the person who has obtained any such information as is referred to

10

in that paragraph is, or is acting on behalf of a person who is, a public

authority for the purposes of the Freedom of Information Act 2000

(c. 36), and

(b)   

the information is not held by the public authority on behalf of

another person.

15

Offences by corporations

7     (1)  

Where an offence under section 260 or this Schedule committed by a body

corporate is proved—

(a)   

to have been committed with the consent or connivance of any

director, manager, secretary of other similar officer of the body

20

corporate, or a person purporting to act in any such capacity, or

(b)   

to be attributable to any neglect on the part of such a person,

           

that person, as well as the body corporate, is guilty of the offence and liable

to be proceeded against and punished accordingly.

      (2)  

“Director”, in relation to a body corporate—

25

(a)   

established by or under any enactment for the purpose of carrying on

under national ownership any industry or part of an industry or

undertaking, and

(b)   

whose affairs are managed by its members,

           

means a member of that body corporate.

30

Penalties

8     (1)  

A person who contravenes or fails to comply with—

(a)   

an order made under section 260,

(b)   

a direction given or requirement imposed under that section, or

(c)   

a provision of this Schedule,

35

           

is guilty of an offence.

      (2)  

Sub-paragraph (1) does not apply if the contravention or failure is an offence

under paragraph 9(3) or 10(5).

      (3)  

A person guilty of an offence under sub-paragraph (1) is—

(a)   

on summary conviction, liable to imprisonment for a term not

40

exceeding twelve months or to a fine not exceeding the prescribed

sum, or to both, or

(b)   

on conviction on indictment, liable to imprisonment for a term not

exceeding two years or to a fine, or to both.

 

 

National Health Service Bill [HL]
Schedule 22 — Control of maximum prices for medical supplies

257

 

      (4)  

Sub-paragraph (3) is subject to paragraph 11.

Production of documents

9     (1)  

For the purposes of—

(a)   

securing compliance with any order made or direction given under

section 260 by or on behalf of the Secretary of State, or

5

(b)   

verifying any estimates, returns or information furnished to the

Secretary of State in connection with section 260 or any order made

or direction given under that section,

           

an officer of the Secretary of State duly authorised in that behalf has power,

on producing (if required to do so) evidence of his authority, to require any

10

person carrying on an undertaking or employed in connection with an

undertaking to produce to that officer forthwith any documents relating to

the undertaking which that officer may reasonably require for the purposes

set out above.

      (2)  

The power conferred by this paragraph to require any person to produce

15

documents includes power—

(a)   

if the documents are produced, to take copies of them or extracts

from them and to require that person, or where that person is a body

corporate, any other person who is a present or past officer of, or is

employed by, the body corporate, to provide an explanation of any

20

of them,

(b)   

if the documents are not produced, to require the person who was

required to produce them to state, to the best of his knowledge and

belief, where they are.

      (3)  

If any requirement to produce documents or provide an explanation or

25

make a statement which is imposed by virtue of this paragraph is not

complied with, the person on whom the requirement was so imposed is

guilty of an offence and liable on summary conviction to a fine not exceeding

level 3 on the standard scale.

      (4)  

Sub-paragraph (3) is subject to paragraph 11.

30

      (5)  

Where a person is charged with such an offence in respect of a requirement

to produce any document, it is a defence to prove that it was not in his

possession or under his control and that it was not reasonably practicable for

him to comply with the requirement.

10    (1)  

A justice of the peace may issue a warrant under this paragraph if he is

35

satisfied, on information on oath laid on the Secretary of State’s behalf, that

there are any reasonable grounds for suspecting that there are on any

premises any documents—

(a)   

of which production has been required by virtue of paragraph 9, and

(b)   

which have not been produced in compliance with that requirement.

40

      (2)  

A warrant so issued may authorise any constable, together with any other

persons named in the warrant and any other constables to—

(a)   

enter the premises specified in the information (using such force

as is reasonably necessary for the purpose), and

(b)   

search the premises and take possession of any documents

45

appearing to be such documents as are mentioned above, or to take

in relation to any documents so appearing any other steps which

 

 

National Health Service Bill [HL]
Schedule 22 — Control of maximum prices for medical supplies

258

 

may appear necessary for preserving them and preventing

interference with them.

      (3)  

Each warrant issued under this paragraph continues in force until the end of

the period of one month after the date on which it is issued.

      (4)  

Any documents of which possession is taken under this paragraph may be

5

retained—

(a)   

for a period of three months, or

(b)   

if within that period proceedings to which they are relevant are

commenced for an offence under section 260 or this Schedule, until

the conclusion of those proceedings.

10

      (5)  

A person is guilty of an offence, and liable on summary conviction to a fine

not exceeding level 3 on the standard scale, if he obstructs the exercise of—

(a)   

any right of entry or search conferred by virtue of a warrant under

this paragraph, or

(b)   

any rights so conferred to take possession of any documents.

15

      (6)  

Sub-paragraph (5) is subject to paragraph 11.

Penalties for offences: transitional modification for England and Wales

11    (1)  

In relation to an offence committed in England and Wales before the

commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)

(general limit on magistrates’ courts power to impose imprisonment)

20

paragraph 8(3) has effect as if for “twelve months” there were substituted

“three months”.

      (2)  

In relation to an offence committed in England and Wales before the

commencement of section 280 of the Criminal Justice Act 2003 (alteration of

penalties for specified summary offences) paragraphs 9(3) and 10(5) have

25

effect as if “to imprisonment for a term not exceeding three months or” were

inserted after “conviction”.

 

 

 
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Revised 12 October 2006