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
Part 4 — Health in pregnancy grant
83

(8)
In subsections (5) and (7), “the Northern Ireland Department” means the
Department for Social Development in Northern Ireland.
126
Penalty: Northern Ireland
(1)
After section 107B of the Social Security Administration (Northern Ireland) Act
1992 (c. 8) insert—
5
“107C
Health in pregnancy grant: civil penalty for fraud, etc.
Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.)
has effect.”
(2)
Before Schedule 4 to that Act, insert—
“Schedule 3A
10
Health in pregnancy grant: Civil penalty for fraud, etc.
Penalty
1     (1)
This paragraph applies where a person fraudulently or negligently—
(a)
makes an incorrect statement or declaration in or in
connection with a claim for health in pregnancy grant, or
15
(b)
gives incorrect information or evidence in response to a
requirement imposed on the person by virtue of section 5.
      (2)
The Commissioners for Her Majesty’s Revenue and Customs may
make a determination imposing a penalty on the person.
      (3)
The amount of a penalty imposed under this paragraph—
20
(a)
is to be determined by the Commissioners, but
(b)
may not exceed the amount of the grant.
      (4)
A penalty imposed under this paragraph becomes payable at the end
of the period of 30 days beginning with the date on which the notice
is given.
25
      (5)
The Commissioners must give notice of a determination imposing a
penalty under this paragraph to the person on whom it is imposed.
      (6)
The notice must—
(a)
state the date on which the notice is given,
(b)
state the date on or before which payment is due in
30
accordance with sub-paragraph (4), and
(c)
give details of the right to appeal under paragraph 2.
Appeal
2     (1)
A person on whom a penalty is imposed under paragraph 1 may
appeal to an appeal tribunal against the determination imposing it.
35
      (2)
On an appeal under sub-paragraph (1), an appeal tribunal may—
(a)
set the determination aside,
(b)
confirm the determination,
(c)
reduce the amount of the penalty, or

Health and Social Care Bill
Part 4 — Health in pregnancy grant
84

(d)
increase the amount of it (but not so as to exceed the amount
of the grant).
      (3)
An appeal lies to a Commissioner from a decision of an appeal
tribunal under sub-paragraph (2).
      (4)
On an appeal under sub-paragraph (3), a Commissioner has a similar
5
jurisdiction to that conferred on an appeal tribunal by sub-paragraph
(2).
      (5)
In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning
as in Chapter 2 of Part 2 of the Social Security (Northern Ireland)
Order 1998 (decisions, etc.).
10
      (6)
The Commissioners for Her Majesty’s Revenue and Customs may by
regulations apply provision contained in that Order in relation to an
appeal under this paragraph (with such modifications as are
prescribed).
Mitigation
15
3
The Commissioners for Her Majesty’s Revenue and Customs may
mitigate or entirely remit a penalty under this Schedule.
Time limit
4     (1)
The Commissioners for Her Majesty’s Revenue and Customs may
make a determination imposing a penalty under paragraph 1 at any
20
time before the end of the period of two years beginning with the
relevant day.
      (2)
In sub-paragraph (1), the “relevant day” is the day on which the
statement or declaration, or information or evidence, referred to in
paragraph 1(1) is made or given.
25
Recovery
5
A penalty payable under this Schedule is to be treated for the
purposes of Part 6 of the Taxes Management Act 1970 (collection and
recovery) as if it were tax charged in an assessment and due and
payable.”
30
127
Northern Ireland: health in pregnancy grant to be excepted matter
In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the
beginning of paragraph 10B insert “Health in pregnancy grant,”.
General and supplementary
128
General and supplementary
35
(1)
The Commissioners for Her Majesty’s Revenue and Customs are responsible
for the payment and management of health in pregnancy grant.
(2)
In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from

Health and Social Care Bill
Part 5 — Miscellaneous
85

entitlement to benefits), in subsection (1), after paragraph (h), insert—
“(ha)
health in pregnancy grant,”.
(3)
In subsections (5) and (6) of that section, before “child benefit” insert “health in
pregnancy grant or”.
(4)
In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1)
5
(benefits wholly exempt from income tax), in Part 1 of Table B, at the
appropriate place insert—

“Health in pregnancy
SSCBA 1992             Section 140A

grant
SSCB(NI)A 1992      Section 136A”.

Part 5
10
Miscellaneous
Amendments relating to National Health Service
129
Duty of Primary Care Trusts
After section 23 of the National Health Service Act 2006 (c. 41) insert—
“23A
Arrangements for improving quality of health care
15
(1)
Each Primary Care Trust must make arrangements to secure
continuous improvement in the quality of health care provided by it
and by other persons pursuant to arrangements made by it.
(2)
In discharging its duty under subsection (1) a Primary Care Trust must
have regard to the standards set out in statements under section 41 of
20
the Health and Social Care Act 2008.
(3)
“Health care” means—
(a)
services provided to individuals for or in connection with the
prevention, diagnosis or treatment of illness, and
(b)
the promotion and protection of public health.”
25
130
Pharmaceutical services
Schedule 12 (which contains amendments of the National Health Service Act
2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to
expenditure in connection with the provision of pharmaceutical services) has
effect.
30
131
Indemnity schemes in connection with provision of health services
(1)
Section 71 of the National Health Service Act 2006 (schemes for meeting losses
and liabilities of health service bodies) is amended as follows.
(2)
In subsection (1), after “the bodies” (in each place) insert “or other persons”.
(3)
In subsection (2)—
35
(a)
after “The bodies” insert “and other persons”,

Health and Social Care Bill
Part 5 — Miscellaneous
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(b)
after paragraph (g) insert—
“(h)
the Secretary of State, and
(i)
a body or other person (other than a body or other
person within any of paragraphs (a) to (h)) providing, or
arranging the provision of, health services whose
5
provision is the subject of arrangements with a body or
other person within any of paragraphs (a) to (h),”, and
(c)
after “bodies which” insert “, or other persons who,”.
(4)
After subsection (2) insert—
“(2A)
In subsection (1)(b) “functions”—
10
(a)
in relation to the Secretary of State, means the Secretary of
State’s functions in connection with the health service;
(b)
in relation to a body or other person within paragraph (i) of
subsection (2), means the body’s or person’s functions of
providing, or arranging the provision of, health services whose
15
provision is the subject of arrangements with a body or other
person within any of paragraphs (a) to (h) of that subsection.”
(5)
In subsection (3)—
(a)
in paragraph (b), after “body which” insert “, or other person who,”,
and
20
(b)
in paragraph (c), after “Secretary of State” insert “(whether or not a
participator in the scheme and, if a participator, whether or not
required to make payments as a participator)”.
(6)
For subsection (5) substitute—
“(5)
The Secretary of State may make a direction under subsection (4) in
25
respect of a body only if the body is within any of paragraphs (a) to (d),
(f) and (g) of subsection (2).”
(7)
After subsection (8) insert—
“(9)
In subsection (2)(i), the reference to a person providing health services
does not include a person providing health services under a contract of
30
employment.
(10)
In this section “health services” means services provided as part of the
health service.”
Weighing and measuring of children
132
Weighing and measuring of children: England
35
(1)
In Schedule 1 to the National Health Service Act 2006 (c. 41) (further provision
about the Secretary of State and services under that Act) after paragraph 7
insert—
“Weighing and measuring of children
7A    (1)
The Secretary of State may, by arrangement with any local education
40
authority, provide for the weighing and measuring of junior pupils
in attendance at any school which is maintained by the authority.

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Part 5 — Miscellaneous
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      (2)
The Secretary of State may, by arrangement with the proprietor of
any school which is not maintained by a local education authority,
provide for the weighing and measuring of junior pupils in
attendance at that school.
      (3)
The Secretary of State may, by arrangement with any person who is
5
registered under Chapter 2 of Part 3 of the Childcare Act 2006 in
respect of early years provision, provide for the weighing and
measuring of young children for whom childcare is provided by that
person.
      (4)
In sub-paragraphs (1) and (2) any expression to which a meaning is
10
given for the purposes of the Education Act 1996 or the School
Standards and Framework Act 1998 has the same meaning as in that
Act; and in sub-paragraph (3) any expression to which a meaning is
given for the purposes of Part 3 of the Childcare Act 2006 has the
same meaning as in that Part.
15
7B    (1)
The Secretary of State may by regulations—
(a)
authorise the disclosure by any person with whom
arrangements under paragraph 7A are made, to any person
carrying out the weighing or measuring, of prescribed
information relating to the children concerned,
20
(b)
require any weighing and measuring provided for by the
Secretary of State under paragraph 7A to be carried out in a
prescribed manner and after compliance with any prescribed
requirements,
(c)
make provision authorising any resulting information
25
relating to a child, together with any advisory material
authorised by or under the regulations, to be communicated
in a prescribed manner to a person who is, or is treated by the
regulations as being, a parent of the child, and
(d)
make other provision regulating the processing of
30
information resulting from any weighing or measuring
provided for by the Secretary of State under paragraph 7A.
      (2)
Regulations made under sub-paragraph (1) may require any person
exercising functions in relation to any weighing or measuring to
which the regulations apply or in relation to information resulting
35
from such weighing or measuring to have regard to any guidance
given from time to time by the Secretary of State.
      (3)
In sub-paragraph (1)(d), “processing”, in relation to information, has
the same meaning as in the Data Protection Act 1998.
      (4)
Regulations under this paragraph cannot include provision by virtue
40
of section 272(8)(a) amending or repealing an Act.”
(2)
Until the commencement of Chapter 2 of Part 3 of the Childcare Act 2006
(c. 21), the reference in paragraph 7A(3) of Schedule 1 to the National Health
Service Act 2006 (c. 41) (as inserted by subsection (1) of this section) to a person
registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of
45
early years provision is to be read as a reference to a person registered under
Part 10A of the Children Act 1989 (c. 41) in respect of child minding or the
provision of day care (within the meaning of that Part).