House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 17th January 2008
34

Health and Social Care Bill, continued

“(1)
Proceedings in respect of an offence under this Part or

regulations made under it shall not, without the written

consent of the Attorney General, be taken by any person other

than the CIECSS or the Welsh Ministers.”,

(b)
in subsection (2), for “a period of six months” substitute “the

permitted period”, and

(c)
after subsection (2) insert—

“(3)
“The permitted period” means—

(a)
in the case of proceedings brought by the Welsh

Ministers, a period of 12 months;

(b)
in any other case, a period of 6 months.”’.

Mr Ben Bradshaw

Agreed to  189

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

‘17A
After section 30 of the 2000 Act insert—

“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,

Public Bill Committee Proceedings: 17th January 2008
35

Health and Social Care Bill, continued

(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

(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

Agreed to  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,”.

Public Bill Committee Proceedings: 17th January 2008
36

Health and Social Care Bill, continued

      (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

Agreed to  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.

(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

Agreed to  192

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

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

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Withdrawn  86

Schedule  5,  page  125,  line  33,  leave out ‘omit paragraph (b)’ and insert ‘leave out

“CHAI” and insert “Care Quality Commission”.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  87

Schedule  5,  page  125,  line  35,  leave out ‘omit paragraph (b)’ and insert ‘leave out

“CSCI” and insert “Care Quality Commission”.’.

Mr Ben Bradshaw

Agreed to  153

Schedule  5,  page  129,  line  30,  at end insert—

Public Bill Committee Proceedings: 17th January 2008
37

Health and Social Care Bill, continued

‘Public Audit (Wales) Act 2004 (c. 23)


In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for

paragraph (c) substitute—

“(c)
the Care Quality Commission,”.


In section 64 of the Public Audit (Wales) Act 2004 (provision of information

by CHAI)—

(a)
in subsection (1), for “The Commission for Healthcare Audit and

Inspection” substitute “The Care Quality Commission”,

(b)
in subsection (2), for the words from “section 136” to the end

substitute “section 70 of the Health and Social Care Act 2008

(disclosure of confidential personal information: offence).”, and

(c)
for subsection (3) substitute—

“(3)
In this section—

“English NHS body” has the meaning given by subsection (1) of

section 90 of that Act; and

“cross-border SHA” means a cross-border Special Health Authority

as defined by that subsection.”’.

Mr Ben Bradshaw

Agreed to  154

Schedule  5,  page  129,  line  30,  at end insert—

‘Health Act 2006 (c. 28)


In section 61 of the Health Act 2006 (Commission to exercise Welsh

Ministers’ appointment functions), omit “the Commission for Healthcare

Audit and Inspection or”.


In Schedule 5 to the Health Act 2006 (list of statutory bodies referred to in

section 58(3))—

(a)
omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)
at the appropriate place insert—

“The Care Quality Commission.”’.

Schedule, as amended, Agreed to.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Withdrawn  47

Clause  90,  page  45,  line  8,  after ‘regulations’, insert ‘approved by a resolution of

each House of Parliament’.

Public Bill Committee Proceedings: 17th January 2008
38

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  203

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

Clause Agreed to.

[Adjourned till Tuesday 22nd January at 10.30 a.m.