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Health and Social Care Bill


Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

171

 

Local Government, Planning and Land Act 1980 (c. 65)

2          

In section 159 of the Local Government, Planning and Land Act 1980 (public

health etc.), in subsection (1), omit paragraph (e) and the word “and”

immediately preceding it.

Public Health (Control of Disease) Act 1984 (c. 22)

5

3     (1)  

Section 1 (authorities administering Act) of the 1984 Act is amended as

follows.

      (2)  

For subsection (1) substitute—

“(1)   

In this Act “local authority” means any of the following—

(a)   

a district council;

10

(b)   

in England, a county council for an area for which there is no

district council;

(c)   

in Wales, a county council or county borough council;

(d)   

a London borough council;

(e)   

the Common Council of the City of London;

15

(f)   

the Sub-Treasurer of the Inner Temple and the Under

Treasurer of the Middle Temple;

(g)   

the Council of the Isles of Scilly.”

      (3)  

Omit subsections (2) and (4).

4     (1)  

Section 5 of the 1984 Act (financial provisions as to port health authorities)

20

is amended as follows.

      (2)  

In subsection (2), for the words from “shall” onwards substitute “shall be

defrayed by the constituent districts in such proportions and in such manner

as may be determined by or in accordance with the order.”

      (3)  

In subsection (3), omit “or rating districts”.

25

5          

In section 7 of the 1984 Act (port health district and authority for Port of

London), in subsection (4), omit paragraphs (c) and (d).

6          

Omit section 9 of the 1984 Act (vessels in inland or coastal waters).

7          

In section 48 of the 1984 Act (removal of body to mortuary or for immediate

burial), in subsection (1), for the words from “in any building” to

30

“neighbouring building” substitute “in any place would endanger the health

of any person”.

8          

In section 49 of the 1984 Act (regulations as to canal boats), in subsection

(1)—

(a)   

at the end of paragraph (a) insert “and”,

35

(b)   

omit paragraph (c) and the word “and” immediately preceding it.

9          

In section 50 of the 1984 Act (power to enter and inspect canal boats) in

subsection (2)—

(a)   

omit paragraph (b) and the word “or” immediately preceding it, and

(b)   

omit “or any person on board suffering from an infectious disease”.

40

10         

In section 51 of the 1984 Act (duties of local authorities and port health

authorities under Part 4)—

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

172

 

(a)   

omit subsection (1), and

(b)   

in subsection (2) omit the words “the provisions of this Part of this

Act and”.

11         

Omit section 52 of the 1984 Act (prosecution of offences under Part 4).

12         

Omit sections 54 to 57 of the 1984 Act.

5

13         

In section 58 of the 1984 Act (form of notices and other documents), in

subsection (1) for “local authority” (in each place it occurs) substitute

“relevant health protection authority”.

14         

In section 59 of the 1984 Act (authentication of documents)—

(a)   

for “local authority” (wherever it occurs) substitute “relevant health

10

protection authority”, and

(b)   

in subsection (2) for “byelaws” substitute “regulations”.

15         

In section 60 of the 1984 Act (service of notices and other documents) for

“made by this Act” substitute “made by or under this Act”.

16         

After section 60 of the 1984 Act insert—

15

“60A    

Electronic communications

(1)   

The appropriate Minister may by regulations make provision

enabling notices, orders and other documents specified in the

regulations to be given or served by an electronic communication.

(2)   

Such provision must however secure that the notices, orders and

20

other documents specified in the regulations may only be so given or

served if—

(a)   

the person to whom they are to be given or on whom they are

to be served has consented in writing to the receipt of notices,

orders and other documents by an electronic communication,

25

and

(b)   

the communication is sent to the number or address specified

by that person when giving consent.

(3)   

The power to make regulations under this section is exercisable by

statutory instrument.

30

(4)   

An instrument containing any such regulations is subject to

annulment—

(a)   

in the case of regulations made by the Secretary of State, in

pursuance of a resolution of either House of Parliament,

(b)   

in the case of regulations made by the Welsh Ministers, in

35

pursuance of a resolution of the National Assembly for

Wales.

(5)   

Sections 58 to 60 are to be read subject to any provision made in

regulations under this section.

(6)   

In this section—

40

“electronic communication” has the same meaning as in the

Electronic Communications Act 2000,

“notices, orders and other documents” means notices, orders

and other documents authorised or required by or under this

Act to be given or served, and

45

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

173

 

“the appropriate Minister” means—

(a)   

the Secretary of State, in relation to England;

(b)   

the Welsh Ministers, in relation to Wales.”

17    (1)  

Section 61 of the 1984 Act (power to enter premises) is amended as follows.

      (2)  

In subsection (1)—

5

(a)   

for “authorised officer of a local authority” substitute “proper officer

of a relevant health protection authority”,

(b)   

for paragraph (a) substitute—

“(a)   

for the purposes of ascertaining whether there is, or

has been, any contravention of a relevant provision of

10

this Act, or of an order made by a justice of the peace

under Part 2A of this Act, which it is the function of

the relevant health protection authority to enforce,”,

and

(c)   

in each of paragraphs (b), (c) and (d)—

15

(i)   

for “or such byelaws” substitute “or in relation to such an

order”, and

(ii)   

for “local authority” substitute “relevant health protection

authority”.

      (3)  

In subsection (2) omit “, other than a factory or workplace,”.

20

      (4)  

After subsection (2) insert—

“(2A)   

Subsection (1) does not authorise entry to any part of premises which

is used as a private dwelling (but this does not affect the power of a

justice of the peace under subsection (3) to issue a warrant

authorising entry to a private dwelling or to any part of premises

25

used as a private dwelling).”

      (5)  

In subsection (3), for “the local authority by any authorised officer”

substitute “the relevant health protection authority by any proper officer”.

18    (1)  

Section 62 of the 1984 Act (supplementary provisions as to entry) is amended

as follows.

30

      (2)  

In subsection (1)—

(a)   

for “An authorised officer” substitute “A proper officer (“the

officer”)”, and

(b)   

after “other persons” insert “and such equipment and materials”.

      (3)  

After subsection (1) insert—

35

“(1A)   

The officer may for the purpose for which entry is authorised—

(a)   

search the premises,

(b)   

carry out measurements and tests of the premises or of

anything found on them,

(c)   

take and retain samples of the premises or of anything found

40

on them,

(d)   

inspect and take copies or extracts of any documents or

records found on the premises,

(e)   

require information stored in an electronic form and

accessible from the premises to be produced in a form in

45

which it can be taken away and in which it is visible and

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

174

 

legible or from which it can readily be produced in a visible

and legible form, and

(f)   

seize and detain or remove anything which the officer

reasonably believes to be evidence of any contravention

relevant to the purpose for which entry is authorised.”

5

      (4)  

Omit subsection (3).

      (5)  

For subsection (4) substitute—

“(4)   

Nothing in section 61 or this section limits the provisions of Parts 2A

and 4, and of regulations made under Part 2A, with respect to entry

into or upon, and inspection of, any premises.”

10

19         

For section 63 of the 1984 Act substitute—

“63     

Offence of wilful obstruction

(1)   

A person commits an offence if the person wilfully obstructs any

person acting in the execution of a provision of Part 3 or 4 or this Part,

or of any regulations, order or warrant made or issued under such a

15

provision.

(2)   

A person guilty of an offence under subsection (1) is liable on

summary conviction—

(a)   

in the case of an offence of wilfully obstructing a person in the

execution of a provision of Part 4 or of any regulations made

20

under a provision of that Part, to a fine not exceeding level 1

on the standard scale, and

(b)   

in any other case, to a fine not exceeding £20,000.”

20         

After section 63 of the 1984 Act insert—

“63A    

Offences by bodies corporate

25

(1)   

If an offence created by or under this Act is committed by a body

corporate and is proved—

(a)   

to have been committed with the consent or connivance of an

officer, or

(b)   

to be attributable to any neglect on the part of an officer,

30

   

the officer (as well as the body corporate) is guilty of the offence and

liable to be proceeded against and punished accordingly.

(2)   

“Officer”, in relation to a body corporate, means a director, manager,

secretary or other similar officer of the body, or a person purporting

to act in any such capacity.

35

(3)   

If the affairs of a body corporate are managed by its members,

subsection (1) applies to the acts and defaults of a member in

connection with the member’s functions of management as if the

member were a director of the body corporate.

63B     

Unincorporated associations

40

(1)   

Proceedings for an offence alleged to have been committed by an

unincorporated association are to be brought in the name of the

association (and not in that of any of the members).

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

175

 

(2)   

Rules of court relating to the service of documents have effect as if

the unincorporated association were a body corporate.

(3)   

In proceedings for an offence brought against an unincorporated

association, Schedule 3 to the Magistrates’ Courts Act 1980 applies as

it applies to a body corporate.

5

(4)   

A fine imposed on an unincorporated association on its conviction

for an offence is to be paid out of the funds of the association.

(5)   

If an offence committed by an unincorporated association is

proved—

(a)   

to have been committed with the consent or connivance of an

10

officer of the association or a member of its governing body,

or

(b)   

to be attributable to any neglect on the part of such an officer

or member,

   

the officer or member (as well as the association) is guilty of the

15

offence and liable to be proceeded against and punished

accordingly.

(6)   

In this section, “offence” means an offence created by or under this

Act.”

21    (1)  

Section 64 of the 1984 Act (restriction on right to prosecute) is amended as

20

follows.

      (2)  

For subsection (1) substitute—

“(1)   

Proceedings in respect of an offence created by a provision of, or

regulations under, this Act may not be taken by any person other

than—

25

(a)   

a relevant health protection authority,

(b)   

a body whose function it is to enforce the provision or

regulation in question, or

(c)   

a person who made (or whose predecessors made) the

regulation in question.”

30

      (3)  

Subsection (2) is omitted.

22         

After section 64 of the 1984 Act insert—

“64A    

Time limits for prosecutions

(1)   

Notwithstanding anything in section 127(1) of the Magistrates’

Courts Act 1980, a magistrates’ court may try an information (or

35

written charge) relating to an offence created by or under this Act if

the information is laid (or the charge is issued)—

(a)   

before the end of the period of 3 years beginning with the

date of the commission of the offence, and

(b)   

before the end of the period of 6 months beginning with the

40

date on which evidence which the prosecutor thinks is

sufficient to justify the proceedings comes to the prosecutor’s

knowledge.

(2)   

For the purposes of subsection (1)(b)—

(a)   

a certificate signed by or on behalf of the prosecutor and

45

stating the date on which such evidence came to the

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

176

 

prosecutor’s knowledge is conclusive evidence of that fact,

and

(b)   

a certificate stating that matter and purporting to be so signed

is to be treated as so signed unless the contrary is proved.”

23    (1)  

Section 67 of the 1984 Act (applications to, and appeals from, magistrates’

5

courts) is amended as follows.

      (2)  

In subsection (1), after “this Act” insert “or a provision contained in

regulations made under this Act”.

      (3)  

Omit subsection (3).

24         

For section 69 of the 1984 Act substitute—

10

“69     

Protection from personal liability

(1)   

Nothing done by a relevant health protection authority or by one of

its officers, and no contract entered into by such an authority, is to

subject the authority or officer to any action, liability, claim or

demand whatsoever if the thing is done, or the contract is entered

15

into, bona fide for the purposes of executing a relevant provision of

this Act.

(2)   

Any expense incurred by any such authority or officer acting bona

fide as mentioned in subsection (1) is to be borne and repaid out of

the fund applicable by the authority to its functions of executing the

20

provision in question.

(3)   

Reference in this section to an officer of a relevant health protection

authority also includes a member of that authority and any person

acting under the direction of that authority.”

25         

Omit section 70 of the 1984 Act (local inquiries).

25

26         

For section 71 of the 1984 Act substitute—

“71     

Default powers

(1)   

Subsection (2) applies if the appropriate Minister is satisfied that a

relevant health protection authority has failed to discharge its

functions under a relevant provision of this Act in any case where it

30

ought to have discharged them.

(2)   

The appropriate Minister may make an order—

(a)   

declaring the authority to be in default, and

(b)   

directing the authority to discharge such of its functions, and

in such manner and within such time or times, as may be

35

specified in the order.

(3)   

If the authority fails to comply with a requirement of the order

within the specified time, the appropriate Minister may—

(a)   

enforce the order by mandatory order or otherwise, or

(b)   

make an order transferring such of the functions of the

40

authority to the Minister or such other public authority as

may be specified in the order.

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

177

 

(4)   

If functions are transferred by virtue of subsection (3)(b) to the

Minister, the Minister may direct another public authority to

discharge them on the Minister’s behalf.

(5)   

An order under subsection (3)(b) may include provision about the

funding of the functions, including provision requiring the relevant

5

health protection authority to bear any costs associated with the

discharge of those functions by or on behalf of the Minister or other

public authority.

(6)   

The appropriate Minister may vary or revoke an order made by the

Minister under subsection (3)(b), but without prejudice to anything

10

previously done under it.

(7)   

If such an order is revoked, the appropriate Minister may, either by

the revoking order or by a subsequent order, make provision with

respect to the transfer, vesting and discharge of any property or

liabilities acquired or incurred by or on behalf of the Minister or

15

other public authority in discharging any functions to which the

revoking order related.”

27         

In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act”

substitute “by or under this Act”.

28         

In section 73 of the 1984 Act (Crown property) after subsection (4) insert—

20

“(5)   

In this section “premises” does not include any vessel—

(a)   

belonging to Her Majesty, or

(b)   

under the command or charge of an officer holding Her

Majesty’s commission.”

29    (1)  

Section 74 of the 1984 Act (interpretation) is amended as follows.

25

      (2)  

For the definition of “district” substitute—

“ “district” means—

(a)   

in relation to a local authority in Greater London, a

London borough, the City of London, the Inner

Temple or the Middle Temple,

30

(b)   

in relation to a local authority in England for an area

for which there is no district council, that area,

(c)   

in relation to a local authority in Wales, a county or

county borough,

(d)   

in relation to the Council of the Isles of Scilly, those

35

Isles;”.

      (3)  

In the definition of “local authority” for “section 1(2)” substitute “section

1(1)”.

      (4)  

For the definition of “premises” substitute—

“ “premises” includes any place and, in particular, includes—

40

(a)   

any vehicle, train, vessel or aircraft,

(b)   

any tent or movable structure, and

(c)   

any offshore installation (as defined in section 12(1) of

the Mineral Workings (Offshore Installations) Act

1971);”.

45

 
 

 
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