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| | (1) | Where the Welsh Ministers are satisfied that a person has committed |
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| | a fixed penalty offence, they may give the person a penalty notice in |
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| | (2) | A fixed penalty offence is any relevant offence which— |
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| | (a) | relates to an establishment or agency for which the Welsh |
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| | Ministers are the registration authority, and |
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| | (b) | is prescribed for the purposes of this section. |
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| | (3) | A relevant offence is— |
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| | (a) | an offence under this Part or under regulations made under |
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| | (b) | an offence under regulations made under section 9 of the |
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| | Adoption and Children Act 2002. |
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| | (4) | A penalty notice is a notice offering the person the opportunity of |
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| | discharging any liability to conviction for the offence to which the |
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| | notice relates by payment of a penalty in accordance with the notice. |
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| | (5) | Where a person is given a penalty notice, proceedings for the offence |
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| | to which the notice relates may not be instituted before the end of such |
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| | period as may be prescribed. |
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| | (6) | Where a person is given a penalty notice, the person cannot be |
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| | convicted of the offence to which the notice relates if the person pays |
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| | the penalty in accordance with the notice. |
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| | (7) | Penalties under this section are payable to the Welsh Ministers. |
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| | (8) | In this section “prescribed” means prescribed by regulations made by |
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| | 30ZB | Penalty notices: supplementary provision |
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| | (1) | The Welsh Ministers may by regulations make— |
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| | (a) | provision as to the form and content of penalty notices, |
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| | (b) | provision as to the monetary amount of the penalty and time |
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| | by which it is to be paid, |
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| | (c) | provision determining the methods by which penalties may be |
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| | (d) | provision as to the records to be kept in relation to penalty |
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| | (e) | provision for or in connection with the withdrawal, in |
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| | prescribed circumstances, of a penalty notice, including— |
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| | (i) | repayment of any amount paid by way of penalty |
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| | under a penalty notice which is withdrawn, and |
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| | (ii) | prohibition of the institution or continuation of |
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| | proceedings for the offence to which the withdrawn |
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| | (f) | provision for a certificate— |
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| | (i) | purporting to be signed by or on behalf of a prescribed |
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| | (ii) | stating that payment of any amount paid by way of |
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| | penalty was or, as the case may be, was not received |
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| | on or before a date specified in the certificate, |
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| | | to be received in evidence of the matters so stated, |
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| | (g) | provision as to action to be taken if a penalty is not paid in |
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| | accordance with a penalty notice, and |
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| | (h) | such other provision in relation to penalties or penalty notices |
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| | as the Welsh Ministers think necessary or expedient. |
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| | (2) | Regulations under subsection (1)(b)— |
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| | (a) | may make provision for penalties of different amounts to be |
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| | payable in different cases, including provision for the penalty |
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| | payable under a penalty notice to differ according to the time |
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| | (b) | must secure that the amount of any penalty payable in respect |
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| | of any offence does not exceed one half of the maximum |
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| | amount of the fine to which a person committing the offence |
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| | would be liable on summary conviction. |
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| | “penalty” means a penalty under a penalty notice; |
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| | “penalty notice” has the meaning given by section 30ZA(4).”’. |
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| Schedule 5, page 123, line 37, at end insert— |
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| | ‘17B (1) | In section 30A of the 2000 Act (notification of matters relating to persons |
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| | carrying on or managing certain establishments or agencies), inserted by |
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| | section 25 of the Children and Young Persons Act 2008, subsection (2) is |
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| | (2) | After paragraph (a) insert— |
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| | “(aa) | has decided to adopt a proposal under section 17(4)(aa) to |
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| | suspend the registration of P in respect of the establishment or |
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| | agency or to extend any such suspension, |
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| | (ab) | has given a notice under section 20B to suspend the |
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| | registration of P in respect of the establishment or agency or |
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| | to extend any such suspension,”. |
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| | (3) | Omit the word “or” at the end of paragraph (b). |
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| | (4) | At the end of paragraph (c) insert “or— |
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| | (d) | has given P a penalty notice under section 30ZA in respect of |
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| | an offence which it alleges P committed in relation to the |
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| | establishment or agency and P has paid the penalty in |
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| | accordance with the notice,”.’. |
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| Schedule 5, page 125, line 6, at end insert— |
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| | ‘22A | After section 118 of the 2000 Act insert— |
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| | (1) | This section has effect where a power to make regulations under this |
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| | Act is conferred on the Welsh Ministers other than by or by virtue of |
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| | the Government of Wales Act 2006. |
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| | (2) | Subsections (1) and (5) to (7) of section 118 apply to the exercise of |
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| | that power as they apply to the exercise of a power conferred on the |
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| | Welsh Ministers by or by virtue of that Act. |
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| | (3) | A statutory instrument containing regulations made in the exercise of |
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| | that power is subject to annulment in pursuance of a resolution of the |
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| Schedule 5, page 125, line 6, at end insert— |
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| | ‘22B | In section 120 of the 2000 Act (Wales) omit subsection (1).’. |
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| Schedule 15, page 177, line 24, column 2, at end insert— |
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| | ‘In section 19(4)(b) the word “and” at the end. |
| | | | | In section 21(5)(b) the word “or” at the end. |
| | | | | In section 30A(2)(b) the word “or” at the end.’. |
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| Schedule 15, page 177, line 28, column 2, at end insert— |
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| Clause 42, page 20, line 28, at end insert— |
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| | ‘(aa) | conduct reviews of the making of arrangements for the provision of |
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| | healthcare by the Trust’. |
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| Clause 44, page 21, leave out lines 37 to 39 and insert— |
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| | ‘(a) | all providers of health and adult social care |
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| | (b) | all commissioners of health and adult social care.’. |
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| Clause 41, page 20, line 6, leave out ‘NHS’ and insert ‘health and social’. |
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| | Failings by English NHS bodies |
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| To move the following Clause:— |
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| | ‘(1) | Following a review under section 42 or 45, or a review or investigation under |
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| | Section 44, the Commission must inform the Secretary of State if it considers |
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| | (a) | there are significant failings in relation to the provision of health care by |
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| | or pursuant to arrangements made by an English NHS body, |
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| | (b) | there are significant failings in the running of an English NHS body, or |
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| | (c) | there are significant failings in the running of a body, or the practice of |
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| | an individual, providing healthcare pursuant to arrangements made by an |
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| | (2) | The commission may also recommend to the Secretary of State that, with a view |
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| | to remedying those failings, the Secretary of State take special measures— |
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| | (a) | in a case falling within subsection (1)(a) or (b), in relation to the NHS |
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| | (b) | in a case falling within (1)(c), in relation to the body or individual |
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| Clause 5, page 3, line 14, after ‘includes’, insert ‘the promotion and protection of |
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| Clause 29, page 15, line 37, leave out from ‘offence’ to end of line 38. |
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| Clause 29, page 15, line 38, at end insert— |
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| | ‘(2) | A person guilty of an offence under subsection (1) is liable— |
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| | (a) | on summary conviction, to a fine not exceeding £50,000, or to |
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| | imprisonment for a term not exceeding 12 months, or to both; |
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| | (b) | on conviction on indictment, to a fine, or to imprisonment for a term not |
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| | exceeding 12 months, or both. |
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| | (3) | In relation to an offence committed before the commencement of section 154(1) |
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| | of the Criminal Justice Act 2003 (c.44), the reference in subsection (2)(a) to 12 |
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| | months is to be read as a reference to 6 months.’. |
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| Clause 30, page 16, line 13, leave out from ‘liable’ to end of line 14 and add— |
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| | ‘(a) | on summary conviction, to a fine not exceeding £50,000, or to |
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| | imprisonment for a term not exceeding 12 months, or both; |
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| | (b) | on conviction on indictment, to a fine, or to imprisonment for a term not |
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| | exceeding 12 months, or to both. |
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| | (5) | In relation to an offence committed before the the commencement of section |
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| | 154(1) of the Criminal Justice Act 2003 (c.44), the reference in subsection (4)(a) |
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| | to 12 months is to be read as a reference to 6 months.’. |
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| Clause 31, page 16, leave out lines 18 to 22 and insert— |
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| | ‘(2) | Subject to subsections (3) to (5), those regulations may not provide for an offence |
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| | to be triable on indictment or to be punishable with imprisonment or with a fine |
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| | exceeding level 4 on the standard scale. |
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| | (3) | Subject to subsection (4), in the case of regulations under section 16, those |
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| | regulations may provide for an offence to be triable summarily only or either |
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| | summarily or on indictment and for an offence to be punishable with a fine or |
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| | (4) | In case referred to in subsection (3), those regulations may not provide for an |
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| | offence to be punishable with— |
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| | (a) | imprisonment for a term exceeding 12 months, or |
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| | (b) | in the case of summary conviction, a fine exceeding £50,000. |
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| | (5) | In relation to summary conviction for an offence committed before the |
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| | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the |
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| | reference in subsection (4)(a) to 12 months is to be read as a reference to six |
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