Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
163

19
After section 63 of the 1984 Act insert—
“63A
Offences by bodies corporate
(1)
If an offence created by or under this Act is committed by a body
corporate and is proved—
(a)
to have been committed with the consent or connivance of an
5
officer, or
(b)
to be attributable to any neglect on the part of an officer,

the officer (as well as the body corporate) is guilty of the offence and
liable to be proceeded against and punished accordingly.
(2)
“Officer”, in relation to a body corporate, means a director, manager,
10
secretary or other similar officer of the body, or a person purporting
to act in any such capacity.
(3)
If the affairs of a body corporate are managed by its members,
subsection (1) applies to the acts and defaults of a member in
connection with the member’s functions of management as if the
15
member were a director of the body corporate.
63B
Unincorporated associations
(1)
Proceedings for an offence alleged to have been committed by an
unincorporated association are to be brought in the name of the
association (and not in that of any of the members).
20
(2)
Rules of court relating to the service of documents have effect as if
the unincorporated association were a body corporate.
(3)
In proceedings for an offence brought against an unincorporated
association, Schedule 3 to the Magistrates’ Courts Act 1980 applies as
it applies to a body corporate.
25
(4)
A fine imposed on an unincorporated association on its conviction
for an offence is to be paid out of the funds of the association.
(5)
If an offence committed by an unincorporated association is
proved—
(a)
to have been committed with the consent or connivance of an
30
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 member,

the officer or member (as well as the association) is guilty of the
35
offence and liable to be proceeded against and punished
accordingly.
(6)
In this section, “offence” means an offence created by or under this
Act.”
20    (1)
Section 64 of the 1984 Act (restriction on right to prosecute) is amended as
40
follows.
      (2)
For subsection (1) substitute—
“(1)
Proceedings in respect of an offence created by a provision of, or
regulations under, this Act may not be taken by any person other
than—
45

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
164

(a)
a relevant health protection authority,
(b)
a body whose function it is to enforce the provision or
regulation in question, or
(c)
a person who made (or whose predecessors made) the
regulation in question.”
5
      (3)
Subsection (2) is omitted.
21
After section 64 of the 1984 Act insert—
“64A
Time limits for prosecutions
(1)
Notwithstanding anything in section 127(1) of the Magistrates’
Courts Act 1980, a magistrates’ court may try an information (or
10
written charge) relating to an offence created by or under this Act if
the information is laid (or the charge is issued)—
(a)
before the end of the period of 3 years beginning with the
date of the commission of the offence, and
(b)
before the end of the period of 6 months beginning with the
15
date on which evidence which the prosecutor thinks is
sufficient to justify the proceedings comes to the prosecutor’s
knowledge.
(2)
For the purposes of subsection (1)(b)—
(a)
a certificate signed by or on behalf of the prosecutor and
20
stating the date on which such evidence came to the
prosecutor’s knowledge is conclusive evidence of that fact,
and
(b)
a certificate stating that matter and purporting to be so signed
is to be treated as so signed unless the contrary is proved.”
25
22    (1)
Section 67 of the 1984 Act (applications to, and appeals from, magistrates’
courts) is amended as follows.
      (2)
In subsection (1), after “this Act” insert “or a provision contained in
regulations made under this Act”.
      (3)
Omit subsection (3).
30
23
For section 69 of the 1984 Act substitute—
“69
Protection from personal liability
(1)
Nothing done by a relevant health protection authority or by one of
its officers, and no contract entered into by such an authority, is to
subject the authority or officer to any action, liability, claim or
35
demand whatsoever if the thing is done, or the contract is entered
into, bona fide for the purposes of executing a relevant provision of
this Act.
(2)
Any expense incurred by any such authority or officer acting bona
fide as mentioned in subsection (1) is to be borne and repaid out of
40
the fund applicable by the authority to its functions of executing the
provision in question.
(3)
Reference in this section to an officer of a relevant health protection
authority also includes a member of that authority and any person
acting under the direction of that authority.”
45

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
165

24
Omit section 70 of the 1984 Act (local inquiries).
25
For section 71 of the 1984 Act substitute—
“71
Default powers
(1)
Subsection (2) applies if the appropriate Minister is satisfied that a
relevant health protection authority has failed to discharge its
5
functions under a relevant provision of this Act in any case where it
ought to have discharged them.
(2)
The appropriate Minister may make an order—
(a)
declaring the authority to be in default, and
(b)
directing the authority to discharge such of its functions, and
10
in such manner and within such time or times, as may be
specified in the order.
(3)
If the authority fails to comply with a requirement of the order
within the specified time, the appropriate Minister may—
(a)
enforce the order by mandatory order or otherwise, or
15
(b)
make an order transferring such of the functions of the
authority to the Minister or such other public authority as
may be specified in the order.
(4)
If functions are transferred by virtue of subsection (3)(b) to the
Minister, the Minister may direct another public authority to
20
discharge them on the Minister’s behalf.
(5)
An order under subsection (3)(b) may include provision about the
funding of the functions, including provision requiring the relevant
health protection authority to bear any costs associated with the
discharge of those functions by or on behalf of the Minister or other
25
public authority.
(6)
The appropriate Minister may vary or revoke an order made by the
Minister under subsection (3)(b), but without prejudice to anything
previously done under it.
(7)
If such an order is revoked, the appropriate Minister may, either by
30
the revoking order or by a subsequent order, make provision with
respect to the transfer, vesting and discharge of any property or
liabilities acquired or incurred by or on behalf of the Minister or
other public authority in discharging any functions to which the
revoking order related.”
35
26
In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act”
substitute “by or under this Act”.
27
In section 73 of the 1984 Act (Crown property) after subsection (4) insert—
“(5)
In this section “premises” does not include any vessel—
(a)
belonging to Her Majesty, or
40
(b)
under the command or charge of an officer holding Her
Majesty’s commission.”
28    (1)
Section 74 of the 1984 Act (interpretation) is amended as follows.
      (2)
For the definition of “district” substitute—
“ “district” means—
45

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
166

(a)
in relation to a local authority in Greater London, a
London borough, the City of London, the Inner
Temple or the Middle Temple,
(b)
in relation to a local authority in England for an area
for which there is no district council, that area,
5
(c)
in relation to a local authority in Wales, a county or
county borough,
(d)
in relation to the Council of the Isles of Scilly, those
Isles;”.
      (3)
In the definition of “local authority” for “section 1(2)” substitute “section
10
1(1)”.
      (4)
For the definition of “premises” substitute—
“ “premises” includes any place and, in particular, includes—
(a)
any vehicle, train, vessel or aircraft,
(b)
any tent or movable structure, and
15
(c)
any offshore installation (as defined in section 12(1) of
the Mineral Workings (Offshore Installations) Act
1971);”.
      (5)
In the definition of “relevant provision of this Act”, before “other” insert
“(including a provision in regulations made under this Act)”.
20
      (6)
In the appropriate place, insert the following definitions—
“ “public authority” has the meaning given in section 6(3) of the
Human Rights Act 1998;”,
“ “relevant health protection authority” means—
(a)
a local authority, port health authority or joint board
25
with functions under a relevant provision of this Act,
and
(b)
if regulations under Part 2A confer functions on a
public authority of any other description and state
that the authority is to be regarded as a relevant
30
health protection authority with respect to those
functions, that authority;”.
      (7)
The following definitions are omitted—
(a)
“coastal waters”;
(b)
“common lodging-house”;
35
(c)
“dustbin”;
(d)
“factory”;
(e)
“hospital”;
(f)
“house”;
(g)
“inland waters”;
40
(h)
“local Act”;
(i)
“NHS trust” and “NHS contract”;
(j)
“notifiable disease”;
(k)
“school”;
(l)
“street”.
45
29
Omit section 76 of the 1984 Act (Isle of Man and Channel Islands).

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 1 — England
167

Planning and Compensation Act 1991 (c. 34)
30
In Part 1 of Schedule 18 to the Planning and Compensation Act 1991
(provisions that do not provide for interest) omit the entry for section 57 of
the Public Health (Control of Disease) Act 1984.
Schedule 12
5
Section 130

Funding of expenditure in connection with provision of pharmaceutical
services
Part 1
England
1
In this Part of this Schedule “the NHS Act” means the National Health
10
Service Act 2006 (c. 41).
2     (1)
Section 228 of the NHS Act (public funding of Primary Care Trusts) is
amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Secretary of State must pay in respect of each financial year to
15
each Primary Care Trust sums not exceeding the amount allotted for
that year by the Secretary of State to the Primary Care Trust towards
meeting the expenditure of the Primary Care Trust which is
attributable to the performance by it of its functions in that year.”
      (3)
Omit subsection (2).
20
      (4)
In subsections (3) and (7)(b), for “(1)(b)” substitute “(1)”.
      (5)
Omit subsection (12).
3
In section 229 of the NHS Act (financial duties of Primary Care Trusts), in
subsection (1)—
(a)
omit “(not including its pharmaceutical services expenditure)”, and
25
(b)
in paragraph (a), for “section 228(1)(b)” substitute “section 228(1)”.
4
In section 230 of the NHS Act (resource limits for Primary Care Trusts) omit
subsections (2) and (3).
5     (1)
Schedule 14 to the NHS Act (further provision about expenditure of Primary
Care Trusts) is amended as follows.
30
      (2)
Omit paragraphs 1 and 2.
      (3)
After paragraph 3 insert—
“3A   (1)
The Secretary of State may designate any element of the
remuneration paid by Primary Care Trusts to persons providing
pharmaceutical services or local pharmaceutical services which is
35
not remuneration referable to the cost of drugs.
      (2)
If an element is so designated, the Secretary of State must for each
financial year apportion among all Primary Care Trusts, in such

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 2 — Wales
168

manner as the Secretary of State considers appropriate, the total of
the remuneration referable to that element which is paid by each
Primary Care Trust in that year.
      (3)
A Primary Care Trust is accountable in any year for remuneration
referable to that element to the extent (and only to the extent) that
5
such remuneration is apportioned to it under sub-paragraph (2).
      (4)
Where in any financial year any remuneration referable to that
element for which a Primary Care Trust is accountable is paid by
another Primary Care Trust, the remuneration must be treated (for
the purposes of sections 228 and 229) as having been paid by the
10
first Primary Care Trust in the performance of its functions.
      (5)
The Secretary of State may, in particular, exercise the discretion
under sub-paragraph (2)—
(a)
so that any apportionment relating to services associated
with the provision of drugs reflects, in the case of each
15
Primary Care Trust, the financial consequences of orders
for the provision of drugs, being orders which in the
opinion of the Secretary of State are attributable to the
Primary Care Trust in question,
(b)
by reference to averaged or estimated amounts.
20
      (6)
The Secretary of State may make provision for any remuneration
referable to an element designated under sub-paragraph (1) which
is paid by a Primary Care Trust other than the Primary Care Trust
which is accountable for the payment to be reimbursed in such
manner as the Secretary of State may determine.”
25
      (4)
In paragraph 4(1)—
(a)
for the definition of “designated” substitute—
“designate” means designate in writing (and different
designations may be made for different purposes),”,
(b)
omit the definition of “pharmaceutical services”, and
30
(c)
in the definition of “remuneration referable to the cost of drugs”,
omit the words “except in paragraph 1(2)(b) and”.
      (5)
After paragraph 4(3) insert—
    “(4)
If the Secretary of State does not treat such remuneration, so far as
it is so met by an NHS trust or NHS foundation trust, as
35
remuneration referable to the cost of drugs, the Secretary of State
may treat it as remuneration falling within paragraph 3A(1).”
Part 2
Wales
6
In this Part of this Schedule “the NHS (Wales) Act” means the National
40
Health Service (Wales) Act 2006 (c. 42).
7
In section 174 of the NHS (Wales) Act (public funding of Local Health
Boards) omit “and pharmaceutical” in—
(a)
subsection (1)(a),
(b)
subsection (2)(a) and (b), and
45

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 2 — Wales
169

(c)
subsection (12).
8
In section 175 of the NHS (Wales) Act (financial duties of Local Health
Boards), in subsection (1) omit “and pharmaceutical”.
9
In section 176 of the NHS (Wales) Act (resource limits for Local Health
Boards) omit “and pharmaceutical” in—
5
(a)
subsection (2), and
(b)
subsection (3)(b).
10    (1)
Schedule 8 to the NHS (Wales) Act (further provision about expenditure of
Local Health Boards) is amended as follows.
      (2)
In paragraph 1(1)—
10
(a)
omit “and pharmaceutical”, and
(b)
in paragraph (a) for the words from “services under” to
“pharmaceutical services)” substitute “general ophthalmic services”.
      (3)
In paragraph 1(2)—
(a)
in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)”
15
substitute “general ophthalmic services”, and
(b)
omit paragraphs (b) and (c).
      (4)
Accordingly, in the heading immediately preceding paragraph 1, omit “and
pharmaceutical”.
      (5)
For paragraph 2 substitute—
20
“2
In section 174 “main expenditure”, in relation to a Local Health
Board and the year in question, means—
(a)
expenditure of the Local Health Board attributable to the
reimbursement in that year of expenses of persons
providing general ophthalmic services which are
25
designated expenses incurred in connection with the
provision of those services (or in giving instruction in
matters relating to those services), and
(b)
any other expenditure of the Local Health Board
attributable to the performance of its functions in that year
30
(other than general ophthalmic services expenditure).”
      (6)
After paragraph 3 insert—
“3A   (1)
The Welsh Ministers may designate any element of the
remuneration paid by Local Health Boards to persons providing
pharmaceutical services or local pharmaceutical services which is
35
not remuneration referable to the cost of drugs.
      (2)
If an element is so designated, the Welsh Ministers must for each
financial year apportion among all Local Health Boards, in such
manner as the Welsh Ministers consider appropriate, the total of
the remuneration referable to that element which is paid by each
40
Local Health Board in that year.
      (3)
A Local Health Board is accountable in any year for remuneration
referable to that element to the extent (and only to the extent) that
such remuneration is apportioned to it under sub-paragraph (2).