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New Clause 6


Power to amend age for sale of tobacco etc



      'The Secretary of State may from time to time by order amend the following enactments by substituting, in each place where a person's age is specified, a different age specified in the order—



(a)   section 7 of the Children and Young Persons Act 1933    (c. 12) (sale of tobacco etc to persons under 16),



(b)   section 4 of the Children and Young Persons (Protection    from Tobacco) Act 1991 (c. 23) (display of warning    statements in retail premises and on vending machines).



(2)   But the age specified in an order under subsection (1) may not be lower than 16.'. —[Caroline Flint.]

Brought up, read the First and Second time, and added to the Bill.

Clause 2


Smoke-free premises



Amendment made: No. 18, in page 2, line 25, leave out 'Section 3' and insert



'Section (Smoke-free premises: exemptions)'.—[Caroline Flint.]

 
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Clause 3


Exemptions



Amendment made: No. 19, in page 2, line 30, leave out Clause 3.—[Caroline Flint.]

Clause 7


Offence of smoking in smoke-free place



Amendments made: No. 20, in page 5, line 31, leave out '3' and insert
'(Smoke-free premises: exemptions)'.

No. 20, in page 5, line 31, leave out '3' and insert '(Smoke-free premises: exemptions)'.—[Caroline Flint.]

Clause 8


Fixed penalties for offence of smoking insmoke-free place



Amendment made: No. 24, in page 6, line 3, after 'section' insert '6(5) or'.—[Caroline Flint.]

Ordered,

New Clause 7


Enforcement



      'In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and Wales)—



(a)   in subsection (1), at the beginning insert "Subject to the provisions of subsection (6C) of this section,",



(b)   after subsection (6) insert—



"(6A)   The Pharmaceutical Society shall be under a duty, concurrently with the appropriate Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to England and Wales.



(6B)   The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to England and Wales.



(6C)   The appropriate Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to England and Wales.



(6D)   Notwithstanding subsection (6C) of this section the appropriate Minister is to be treated for the purposes of sections 111 to 114 of this Act—



(a)   as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to England and Wales, and



(b)   to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to England and Wales.",



(c)   in subsection (9)(a), after "hospital" insert "(except in relation to so much of the hospital premises as is a registered pharmacy)",



(d)   in subsection (10), for "(4) to (8)" substitute "(4) to (6A), (7) and (8)".



(2)   In section 109 of the Medicines Act 1968 (c.67) (enforcement in Scotland), in subsection (1), at the beginning insert "Subject to the provisions of section 108(6C) of this Act as applied by subsection (2) of this section,".

 
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(3)   In section 110 of the Medicines Act 1968 (c. 67) (enforcement in Northern Ireland)—



(a)   in subsection (1), for "subsection (4)" substitute "subsections (3C) and (4)",



(b)   after subsection (3) insert—



"(3A)   The Pharmaceutical Society shall be under a duty, concurrently with the Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to Northern Ireland.



(3B)   The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to Northern Ireland.



(3C)   The Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland.



(3D)   Notwithstanding subsection (3C) of this section the Minister is to be treated for the purposes of sections 111 to 114 of this Act—



(a)   as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland, and



(b)   to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to Northern Ireland.",



(c)   in subsection (5)(a), for "and (3)" substitute "to (3D)",



(d)   in subsection (5)(b), for "(4) to (8)" substitute "(4) to (6A), (7) and (8)".'. —[Jane Kennedy.]

Brought up, and read the First time.

The Minister of State, Department of Health (Jane Kennedy): I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker: With this it will be convenient to discuss Government amendments Nos. 25, 30 to 32 and 26.

Jane Kennedy: We come to a number of minor and consequential amendments. I know that there will be interest in later debates, so I hope we need not spend too long on them but my experience in Committee was that Opposition Members liked a brief Government explanation of the purpose of amendments.

New clause 7 and amendments Nos. 30 to 32 have a simple objective: to ensure full and proper enforcement of the responsible pharmacist provisions. They do so by placing a specific duty on the Royal Pharmaceutical Society of Great Britain and the Pharmaceutical Society of Northern Ireland to enforce those elements of section 72A of the Medicines Act 1968 that are not subject to an offence as a matter of professional misconduct.

Clause 28, by inserting a new section 72A into the Medicines Act 1968, sets out the detailed provisions in respect of the responsible pharmacist. We debated this at some length in Committee. The responsible pharmacist has a statutory duty to ensure the safe and effective running of the pharmacy for which he or she is responsible. Breach of certain conditions in respect of the responsible pharmacist is an offence, such as the failure to keep a record of who is the responsible pharmacist for a pharmacy at all times.

Other aspects of the responsible pharmacist requirements are less clear. For example, it is less clear where responsibility lies for the content of the standard operating procedures and how those requirements
 
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would be enforced. These more readily lend themselves to enforcement by the pharmaceutical societies through professional regulation. The amendments make it clear on the face of the Bill that the pharmaceutical societies have that duty of enforcement, and that it applies wherever the registered pharmacy is located, whether in a hospital or in the community. Furthermore, the amendments to sections 108 for England and Wales, 109 for Scotland and 110 for Northern Ireland of the Medicines Act clarify that the appropriate Minister in those areas does not have a duty to enforce those provisions that are not subject to offences. However, they give the appropriate Minister a right of entry to inspect and investigate in relation to the other provisions in section 72A.

Amendment No. 25 on controlled drugs is minor and technical. Amendment No. 26 on ophthalmic services is a minor and consequential amendment. With those few words of introduction, I hope that the House will be minded to accept the amendments, so that we can move on and spend longer on the more pressing debates later.

Question put and agreed to.

Clause read a Second time, and added to the Bill.


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