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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under a penalty notice which is withdrawn, and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proceedings for the offence to which the withdrawn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’.

 


 
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