House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 8th January 2008
143

Health and Social Care Bill, continued

“Penalty notices

30ZA
Penalty notices

(1)
Where the Welsh Ministers are satisfied that a person has committed

a fixed penalty offence, they may give the person a penalty notice in

respect of the offence.

(2)
A fixed penalty offence is any relevant offence which—

(a)
relates to an establishment or agency for which the Welsh

Ministers are the registration authority, and

(b)
is prescribed for the purposes of this section.

(3)
A relevant offence is—

(a)
an offence under this Part or under regulations made under

this Part, or

(b)
an offence under regulations made under section 9 of the

Adoption and Children Act 2002.

(4)
A penalty notice is a notice offering the person the opportunity of

discharging any liability to conviction for the offence to which the

notice relates by payment of a penalty in accordance with the notice.

(5)
Where a person is given a penalty notice, proceedings for the offence

to which the notice relates may not be instituted before the end of such

period as may be prescribed.

(6)
Where a person is given a penalty notice, the person cannot be

convicted of the offence to which the notice relates if the person pays

the penalty in accordance with the notice.

(7)
Penalties under this section are payable to the Welsh Ministers.

(8)
In this section “prescribed” means prescribed by regulations made by

the Welsh Ministers.

30ZB
Penalty notices: supplementary provision

(1)
The Welsh Ministers may by regulations make—

(a)
provision as to the form and content of penalty notices,

(b)
provision as to the monetary amount of the penalty and time

by which it is to be paid,

(c)
provision determining the methods by which penalties may be

paid,

(d)
provision as to the records to be kept in relation to penalty

notices,

(e)
provision for or in connection with the withdrawal, in

prescribed circumstances, of a penalty notice, including—

(i)
repayment of any amount paid by way of penalty

under a penalty notice which is withdrawn, and

(ii)
prohibition of the institution or continuation of

proceedings for the offence to which the withdrawn

notice relates,

(f)
provision for a certificate—

(i)
purporting to be signed by or on behalf of a prescribed

person, and

Notices of Amendments: 8th January 2008
144

Health and Social Care Bill, continued

(ii)
stating that payment of any amount paid by way of

penalty was or, as the case may be, was not received

on or before a date specified in the certificate,


to be received in evidence of the matters so stated,

(g)
provision as to action to be taken if a penalty is not paid in

accordance with a penalty notice, and

(h)
such other provision in relation to penalties or penalty notices

as the Welsh Ministers think necessary or expedient.

(2)
Regulations under subsection (1)(b)—

(a)
may make provision for penalties of different amounts to be

payable in different cases, including provision for the penalty

payable under a penalty notice to differ according to the time

by which it is paid, but

(b)
must secure that the amount of any penalty payable in respect

of any offence does not exceed one half of the maximum

amount of the fine to which a person committing the offence

would be liable on summary conviction.

(3)
In this section—

“penalty” means a penalty under a penalty notice;

“penalty notice” has the meaning given by section 30ZA(4).”’.

Mr Ben Bradshaw

190

Schedule  5,  page  123,  line  37,  at end insert—

‘17B (1)
In section 30A of the 2000 Act (notification of matters relating to persons

carrying on or managing certain establishments or agencies), inserted by

section 25 of the Children and Young Persons Act 2008, subsection (2) is

amended as follows.

      (2)
After paragraph (a) insert—

“(aa)
has decided to adopt a proposal under section 17(4)(aa) to

suspend the registration of P in respect of the establishment or

agency or to extend any such suspension,

(ab)
has given a notice under section 20B to suspend the

registration of P in respect of the establishment or agency or

to extend any such suspension,”.

      (3)
Omit the word “or” at the end of paragraph (b).

      (4)
At the end of paragraph (c) insert “or—

(d)
has given P a penalty notice under section 30ZA in respect of

an offence which it alleges P committed in relation to the

establishment or agency and P has paid the penalty in

accordance with the notice,”.’.

Mr Ben Bradshaw

191

Schedule  5,  page  125,  line  6,  at end insert—

‘22A
After section 118 of the 2000 Act insert—

“118A
Regulations: Wales

(1)
This section has effect where a power to make regulations under this

Act is conferred on the Welsh Ministers other than by or by virtue of

the Government of Wales Act 2006.

Notices of Amendments: 8th January 2008
145

Health and Social Care Bill, continued

(2)
Subsections (1) and (5) to (7) of section 118 apply to the exercise of

that power as they apply to the exercise of a power conferred on the

Welsh Ministers by or by virtue of that Act.

(3)
A statutory instrument containing regulations made in the exercise of

that power is subject to annulment in pursuance of a resolution of the

Assembly.”’.

Mr Ben Bradshaw

192

Schedule  5,  page  125,  line  6,  at end insert—

‘22B
In section 120 of the 2000 Act (Wales) omit subsection (1).’.

Mr Ben Bradshaw

193

Schedule  15,  page  177,  line  24,  column  2,  at end insert—

‘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.’.

Mr Ben Bradshaw

194

Schedule  15,  page  177,  line  28,  column  2,  at end insert—

‘Section 120(1).’.

Sandra Gidley

Greg Mulholland

195

Clause  42,  page  20,  line  28,  at end insert—

‘(aa)
conduct reviews of the making of arrangements for the provision of

healthcare by the Trust’.

Sandra Gidley

Greg Mulholland

196

Clause  44,  page  21,  leave out lines 37 to 39 and insert—

‘(a)
all providers of health and adult social care

(b)
all commissioners of health and adult social care.’.

Sandra Gidley

Greg Mulholland

197

Clause  41,  page  20,  line  6,  leave out ‘NHS’ and insert ‘health and social’.

Notices of Amendments: 8th January 2008
146

Health and Social Care Bill, continued

Failings by English NHS bodies

Sandra Gidley

Greg Mulholland

nc14

To move the following Clause:—

‘(1)
Following a review under section 42 or 45, or a review or investigation under

Section 44, the Commission must inform the Secretary of State if it considers

that—

(a)
there are significant failings in relation to the provision of health care by

or pursuant to arrangements made by an English NHS body,

(b)
there are significant failings in the running of an English NHS body, or

(c)
there are significant failings in the running of a body, or the practice of

an individual, providing healthcare pursuant to arrangements made by an

English NHS body.

(2)
The commission may also recommend to the Secretary of State that, with a view

to remedying those failings, the Secretary of State take special measures—

(a)
in a case falling within subsection (1)(a) or (b), in relation to the NHS

body concerned

(b)
in a case falling within (1)(c), in relation to the body or individual

concerned.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

198

Clause  5,  page  3,  line  14,  after ‘includes’, insert ‘the promotion and protection of

public health, and’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

199

Clause  29,  page  15,  line  37,  leave out from ‘offence’ to end of line 38.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

200

Clause  29,  page  15,  line  38,  at end insert—

‘(2)
A person guilty of an offence under subsection (1) is liable—

Notices of Amendments: 8th January 2008
147

Health and Social Care Bill, continued

(a)
on summary conviction, to a fine not exceeding £50,000, or to

imprisonment for a term not exceeding 12 months, or to both;

(b)
on conviction on indictment, to a fine, or to imprisonment for a term not

exceeding 12 months, or both.

(3)
In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c.44), the reference in subsection (2)(a) to 12

months is to be read as a reference to 6 months.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

201

Clause  30,  page  16,  line  13,  leave out from ‘liable’ to end of line 14 and add—

‘(a)
on summary conviction, to a fine not exceeding £50,000, or to

imprisonment for a term not exceeding 12 months, or both;

(b)
on conviction on indictment, to a fine, or to imprisonment for a term not

exceeding 12 months, or to both.

(5)
In relation to an offence committed before the the commencement of section

154(1) of the Criminal Justice Act 2003 (c.44), the reference in subsection (4)(a)

to 12 months is to be read as a reference to 6 months.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

202

Clause  31,  page  16,  leave out lines 18 to 22 and insert—

‘(2)
Subject to subsections (3) to (5), those regulations may not provide for an offence

to be triable on indictment or to be punishable with imprisonment or with a fine

exceeding level 4 on the standard scale.

(3)
Subject to subsection (4), in the case of regulations under section 16, those

regulations may provide for an offence to be triable summarily only or either

summarily or on indictment and for an offence to be punishable with a fine or

imprisonment or both.

(4)
In case referred to in subsection (3), those regulations may not provide for an

offence to be punishable with—

(a)
imprisonment for a term exceeding 12 months, or

(b)
in the case of summary conviction, a fine exceeding £50,000.

(5)
In relation to summary conviction for an offence committed before the

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

reference in subsection (4)(a) to 12 months is to be read as a reference to six

months.’.

Notices of Amendments: 8th January 2008
148

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

203

Clause  90,  page  45,  line  14,  leave out ‘Except in Chapter 2’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

204

Clause  93,  page  46,  line  6,  after ‘a’ insert ‘legally qualified’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

205

Clause  94,  page  46,  line  26,  leave out ‘professionally’ and insert ‘clinically’.