Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 3 — Public health protection
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(b)
in subsections (2) and (4), any reference to the premises is a
reference to any one or more of the sets of premises in the group.
45K
Part 2A orders: supplementary
(1)
This section makes further provision about orders under sections 45G,
45H and 45I (referred to in this Part as “Part 2A orders”).
5
(2)
A Part 2A order may include, in addition to the restrictions or
requirements mentioned in the provision under which it is made, such
other restrictions or requirements as the justice considers necessary for
the purpose of reducing or removing the risk in question.
(3)
A restriction or requirement contained in a Part 2A order may be
10
expressed to take effect subject to conditions specified in the order.
(4)
Two or more Part 2A orders may be combined in a single order.
(5)
A Part 2A order may contain such directions as the justice considers
appropriate to give effect to it.
(6)
Without prejudice to subsection (5)—
15
(a)
a Part 2A order may, if the justice is satisfied as mentioned in
subsection (4) of section 61, authorise anything which may be
authorised by warrant under subsection (3) of that section, and
(b)
if the order does so, section 62(1) and (1A) have effect as if—
(i)
the order were a warrant issued under section 61, and
20
(ii)
the person so authorised were a proper officer.
(7)
A Part 2A order may order the payment of compensation or expenses
in connection with the taking of measures pursuant to the order.
(8)
A Part 2A order is authority for those persons to whom it is addressed
to do such things as may be necessary to give effect to it.
25
45L
Period for which Part 2A order may be in force
(1)
A Part 2A order must specify the period for which any restriction or
requirement imposed by or under the order is to remain in force.
(2)
That period may be extended by further order of a justice of the peace.
(3)
In relation to restrictions or requirements mentioned in section
30
45G(2)(c) or (d), the period specified under subsection (1) must not
exceed 28 days.
(4)
The appropriate Minister may by regulations prescribe—
(a)
in relation to restrictions or requirements mentioned in section
45G(2)(c) or (d), the maximum period of any extension under
35
subsection (2), and
(b)
in relation to any other restrictions or requirements, the
maximum period which may be specified under subsection (1)
and the maximum period of any extension under subsection (2).
45M
Procedure for making, varying and revoking Part 2A orders
40
(1)
The power of a justice of the peace to make a Part 2A order is
exercisable on the application of a local authority.

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(2)
Local authorities must co-operate with each other in deciding which of
them should apply for a Part 2A order in any particular case.
(3)
If a justice of the peace considers it necessary to do so, the justice may
make a Part 2A order without a person having been given such notice
as is otherwise required to be given to that person under rules of court.
5
(4)
A Part 2A order may be varied or revoked by a justice of the peace on
the application of—
(a)
an affected person,
(b)
a local authority, or
(c)
any other authority with the function of executing or enforcing
10
the order in question.
(5)
In the case of an order under section 45G, the following persons are
affected persons—
(a)
P,
(b)
a person with parental responsibility (within the meaning of the
15
Children Act 1989) for P,
(c)
P’s husband, wife or civil partner,
(d)
a person living with P as P’s husband, wife or civil partner,
(e)
such other persons as may be prescribed by regulations.
(6)
In the case of an order under section 45H(2), the following persons are
20
affected persons—
(a)
the owner of the thing,
(b)
any person with custody or control of the thing, and
(c)
such other persons as may be prescribed by regulations.
(7)
In the case of an order under section 45I(2), the following persons are
25
affected persons—
(a)
the owner of the premises,
(b)
any occupier of the premises, and
(c)
such other persons as may be prescribed by regulations.
(8)
In the case of an order under section 45H(4) or 45I(4), the person
30
required to provide information or answer questions and such other
persons as may be prescribed by regulations are affected persons.
(9)
Variation or revocation of a Part 2A order does not invalidate anything
done under the order prior to the variation or revocation.
(10)
In this section “regulations” means regulations made by the
35
appropriate Minister.
45N
Power to make further provision by regulations
(1)
The appropriate Minister may by regulations make provision about the
taking of measures pursuant to Part 2A orders.
(2)
The regulations may in particular make provision about—
40
(a)
the type of investigation which may be carried out as part of a
medical examination;
(b)
the manner in which measures are to be taken;
(c)
who is to be responsible for executing and enforcing measures;
(d)
who is to be liable for the costs of measures;
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(e)
the payment of compensation or expenses in connection with
the taking of measures.
(3)
But the regulations may not confer functions on officers of Revenue and
Customs to execute or enforce Part 2A orders unless the regulations are
made with the consent of the Commissioners for Her Majesty’s
5
Revenue and Customs.
45O
Enforcement of Part 2A orders
(1)
A person commits an offence if the person—
(a)
fails without reasonable excuse to comply with a restriction or
requirement imposed by or under a Part 2A order, or
10
(b)
wilfully obstructs anyone acting in the execution of a Part 2A
order.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding £20,000.
(3)
If—
15
(a)
a person is convicted of an offence under subsection (1), and
(b)
the court by which the person is convicted is satisfied that the
failure or wilful obstruction constituting the offence has caused
premises or things to become infected or contaminated or
otherwise damaged them in a material way,
20

the court may, if it considers it appropriate to do so, order the person to
take or pay for such remedial action as may be specified in the order.
(4)
Subsection (5) applies if—
(a)
a Part 2A order imposes a requirement that a person be
detained or kept in isolation or quarantine in a place, and
25
(b)
the person leaves that place contrary to the requirement.
(5)
A constable may take the person into custody and return the person to
that place.
(6)
But a person may not be taken into custody under subsection (5) after
expiry of the period for which the requirement is in force.
30
Regulations under Part 2A: general
45P
General provision about regulations
(1)
A power to make regulations under this Part is exercisable by statutory
instrument.
(2)
A power to make regulations under this Part includes power to make
35
different provision for different cases or different areas.
45Q
Parliamentary control
(1)
An instrument containing regulations under this Part, except one to
which subsection (4) applies, is subject to annulment—
(a)
in the case of English regulations, in pursuance of a resolution
40
of either House of Parliament,
(b)
in the case of Welsh regulations, in pursuance of a resolution of
the National Assembly for Wales.

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(2)
Subject to subsection (3), subsection (4) applies to an instrument
containing (whether alone or with other provisions)—
(a)
regulations under section 45C,
(b)
regulations which amend an enactment pursuant to section
45F(3), or
5
(c)
the first regulations to be made under section 45G(7).
(3)
Subsection (4) does not apply by virtue of subsection (2)(a) if the
instrument contains a declaration that the person making it is of the
opinion that the instrument does not contain any provision made by
virtue of section 45C(3)(c) which imposes or enables the imposition
10
of—
(a)
a special restriction or requirement, or
(b)
any other restriction or requirement which has or would have a
significant effect on a person’s rights.
(4)
Subject to section 45R, an instrument to which this subsection applies
15
may not be made unless—
(a)
in the case of English regulations, a draft of the instrument has
been laid before, and approved by a resolution of, each House
of Parliament,
(b)
in the case of Welsh regulations, a draft of the instrument has
20
been laid before, and approved by a resolution of, the National
Assembly for Wales.
(5)
If a draft of an instrument containing regulations under section 45B or
45C would, apart from this subsection, be treated for the purposes of
the Standing Orders of either House of Parliament as a hybrid
25
instrument, it is to proceed in that House as if it were not such an
instrument.
(6)
In this section—
(a)
“English regulations” means regulations made by the Secretary
of State,
30
(b)
“Welsh regulations” means regulations made by the Welsh
Ministers.
45R
Emergency procedure
(1)
This section applies to an instrument to which subsection (4) of section
45Q applies by virtue of subsection (2)(a) or (b) of that section.
35
(2)
The instrument may be made without a draft having been laid and
approved as mentioned in subsection (4) of that section if the
instrument contains a declaration that the person making it is of the
opinion that, by reason of urgency, it is necessary to make the order
without a draft being so laid and approved.
40
(3)
After an instrument is made in accordance with subsection (2), it must
be laid—
(a)
in the case of English regulations, before each House of
Parliament,
(b)
in the case of Welsh regulations, before the National Assembly
45
for Wales.

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(4)
Regulations contained in an instrument made in accordance with
subsection (2) cease to have effect at the end of the period of 28 days
beginning with the day on which the instrument is made unless, during
that period, the instrument is approved—
(a)
in the case of English regulations, by a resolution of each House
5
of Parliament,
(b)
in the case of Welsh regulations, by a resolution of the National
Assembly for Wales.
(5)
But if on any day during that period, on proceedings on a motion that
(or to the effect that) the instrument be so approved, either House of
10
Parliament or, as the case may be, the National Assembly for Wales
comes to a decision rejecting the instrument, the regulations cease to
have effect at the end of that day instead.
(6)
In reckoning any such period of 28 days, no account is to be taken—
(a)
in the case of English regulations, of any time during which
15
Parliament is prorogued or dissolved or during which both
Houses are adjourned for more than 4 days,
(b)
in the case of Welsh regulations, of any time during which the
National Assembly for Wales is dissolved or is in recess for
more than 4 days.
20
(7)
Subsections (4) and (5) do not—
(a)
affect anything done in reliance on the regulations before they
ceased to have effect, or
(b)
prevent the making of new regulations.
(8)
In this section “English regulations” and “Welsh regulations” have the
25
same meaning as in section 45Q.
General
45S
Application to territorial sea
The provisions of this Part have effect in relation to the territorial sea
adjacent to England or Wales.
30
45T
Part 2A: further definitions
(1)
This Part is to be read in accordance with this section.
(2)
“Enactment” means an enactment whenever passed or made, and
includes an enactment comprised in subordinate legislation (within the
meaning of the Interpretation Act 1978).
35
(3)
“Medical examination” includes microbiological, radiological and
toxicological tests.
(4)
“Special restriction or requirement” has the meaning given by section
45C(6).
(5)
“Thing” includes—
40
(a)
human tissue,
(b)
a dead body or human remains,
(c)
animals, and
(d)
plant material.

Health and Social Care Bill
Part 4 — Health in pregnancy grant
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(6)
“The appropriate Minister” means—
(a)
the Secretary of State, as respects England (including the sea
adjacent to England out as far as the seaward boundary of the
territorial sea),
(b)
the Welsh Ministers, as respects Wales (including the sea
5
adjacent to Wales out as far as that boundary).
(7)
An order made under section 158(3) of the Government of Wales Act
2006 (orders to determine boundary of the sea adjacent to Wales)
applies for the purposes of subsection (6) as it applies for the purposes
of that Act.
10
(8)
Any reference to amending an enactment includes a reference to
repealing, revoking or modifying the application of an enactment, and
“amendment” is to be read accordingly.
(9)
Any reference to giving effect to an international agreement or
arrangement includes a reference to giving effect to a recommendation
15
issued under such an agreement or arrangement.”
124
Further amendments relating to public health protection
(1)
Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is
superseded by the new Part 2A inserted by section 123) ceases to have effect.
(2)
Schedule 11 (which contains further amendments of that Act and other Acts)
20
has effect.
Part 4
Health in pregnancy grant
England, Wales and Scotland
125
Entitlement: Great Britain
25
After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4)
insert—
“Part 8A
Health in pregnancy grant
140A
Entitlement
30
(1)
A woman who satisfies prescribed conditions in relation to a pregnancy
of hers is entitled to payment of a lump sum (to be known as “health in
pregnancy grant”).
(2)
A condition prescribed under subsection (1) may, in particular, require
a woman to have reached a specified stage of her pregnancy.
35
(3)
A woman is not entitled to health in pregnancy grant unless—
(a)
she has received advice on matters relating to maternal health
from a health professional;

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(b)
she is in Great Britain at the time she makes a claim for the grant
in accordance with the Administration Act.
(4)
Circumstances may be prescribed in which a woman is to be treated for
the purposes of subsection (3)(b) as being, or as not being, in Great
Britain.
5
(5)
In this section—
“health professional” has such meaning as may be prescribed,
“prescribed” means prescribed by regulations, and
“woman” means a female of any age.
(6)
The power to make regulations under this section is exercisable by the
10
Treasury.
140B
Amount
(1)
Health in pregnancy grant is to be of an amount prescribed by
regulations made by the Treasury.
(2)
Different amounts may be prescribed in relation to different cases.”
15
126
Administration: Great Britain
(1)
In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and
payments regulations), in subsection (2), after paragraph (f), insert—
“(fa)
health in pregnancy grant;”.
(2)
The power to make regulations under that section in relation to health in
20
pregnancy grant is exercisable by the Commissioners for Her Majesty’s
Revenue and Customs.
(3)
After section 12 of that Act insert—
“Health in pregnancy grant
12A
Necessity of application for health in pregnancy grant
25
(1)
No person is entitled to health in pregnancy grant unless she claims it
in the manner, and within the time, prescribed in relation to health in
pregnancy grant by regulations under section 5.
(2)
No person is entitled to health in pregnancy grant unless subsection (3)
or (4) is satisfied in relation to her.
30
(3)
This subsection is satisfied in relation to a person if her claim for health
in pregnancy grant is accompanied by—
(a)
a statement of her national insurance number and information
or evidence establishing that that number has been allocated to
her; or
35
(b)
information or evidence enabling the national insurance
number that has been allocated to her to be ascertained.
(4)
This subsection is satisfied in relation to a person if she makes an
application for a national insurance number to be allocated to her
which is accompanied by information or evidence enabling a national
40
insurance number to be allocated to her.