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| | Wednesday 6th February 2008 |
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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Health and Social Care Bill, As Amended |
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| | | Certain regulated activities to be functions of a public nature |
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| | To move the following Clause:— |
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| | | ‘A regulated activity under this Part shall be deemed to be a function of a public |
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| | | nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42) where |
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| | | it is performed wholly or partly at public expense and pursuant to statutory |
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| | Page 7, line 28 [Clause 16], leave out ‘may’ and insert ‘shall’. |
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| | Page 7, line 32 [Clause 16], after ‘safety’, insert ‘, rights’. |
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| | | Human rights framework for Commission |
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| | To move the following Clause:— |
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| | | ‘The protection and promotion of human rights shall be central to the |
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| | | performance of the functions of the Commission.’. |
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| | Page 2, line 26 [Clause 2], after second ‘the’, insert ‘rights and’. |
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| | Page 21, line 2 [Clause 42], after ‘quality’, insert ‘including, without limitation, |
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| | respect for the rights of any person’. |
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| | Page 45, line 12 [Clause 90], at end insert— |
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| | | ‘“rights” includes human rights under the Human Rights Act 1998 (c. 42).’. |
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| | Page 2, line 16 [Clause 2], at end insert— |
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| | | ‘(da) | the need to improve the range and quality of information provided by |
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| | | health care and social care services to users of those services about their |
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| | | Handling and consideration of complaints by the Care Quality Commission |
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| | To move the following Clause:— |
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| | | ‘(1) | Where a complainant is not satisfied with the conduct or result of an investigation |
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| | | by a service provider regulated under Part 1, he may request the Care Quality |
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| | | Commission to consider the complaint in accordance with regulations made |
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| | | (2) | Before making regulations under this section, the Secretary of State must consult |
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| | | such persons as the Secretary of State considers appropriate.’. |
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| | Page 101, line 37 [Clause 150], at end insert— |
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| | | ‘(e) | regulations under section [Handling and consideration of complaints by |
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| | | the Care Quality Commission]’. |
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| | Page 2, line 11 [Clause 2], at end insert— |
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| | | ‘(ba) | the extent to which complaints about the provision of health and social |
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| | | care by members of the public, in particular users of health and social |
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| | | care services, are adequately dealt with by the bodies it regulates,’. |
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| | Page 2, line 11 [Clause 2], at end insert— |
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| | | ‘(bb) | the availability and adequacy of advocacy services relating to the bodies |
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| | Page 20, line 5 [Clause 41], leave out ‘may’ and insert ‘shall’. |
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| | Page 20, line 6 [Clause 41], leave out ‘NHS’ and insert ‘health care and social’. |
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| | | Health and social care standards: content |
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| | To move the following Clause:— |
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| | | ‘(1) | Standards set by the Secretary of State under section 41 shall— |
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| | | (a) | expressly state that all persons for whom health or social care services are |
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| | | provided are entitled to respect for their rights and that service providers |
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| | | (registered in accordance with Chapter 2) have a responsibility to respect |
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| | | (b) | require that service providers respect the rights of persons for whom |
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| | | health and social care services are provided; |
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| | | (c) | require that service providers provide their staff, whether employed |
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| | | directly or indirectly, with appropriate education and training in relation |
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| | | to respecting the rights of service users; |
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| | | (d) | req uire service providers to specify and publish the procedures for |
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| | | making a complaint by any person about a regulated activity; |
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| | | (e) | require service providers to put in place appropriate procedures for |
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| | | ensuring that any person who is aware of any failure to respect any other |
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| | | person’s rights in relation to a regulated activity being conducted by that |
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| | | service provider to report such a failure to a designated person; |
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| | | (f) | require service providers to ensure that, where any person is being |
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| | | discharged from a health care service to a social care service regulated |
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| | | under this Part, the rights of such persons are fully respected; and |
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| | | (g) | require service providers to disseminate the standards set under this Part |
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| | | which are applicable to them to users of their services. |
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| | | (2) | The Secretary of State may prepare and publish statements of standards in |
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| | | relation to the provision of health care and social care dealing with matters other |
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| | | than those listed in subsection (1). |
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| | | (3) | In this section, a “designated person” is a person designated by a provider of |
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| | | health or social care services to receive and resolve complaints.’. |
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| | Page 51, line 34 [Clause 105], after ‘safety’, insert ‘rights’. |
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| | Page 63, line 6 [Clause 116], at end insert— |
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| | | ‘(1A) | The appropriate Minister shall by regulations make provision in relation to |
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| | | awareness of, and training in, human rights in accordance with this section.’. |
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| | Page 63, line 37 [Clause 118], at end insert— |
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| | | ‘“rights” include human rights under the Human Rights Act 1998;’. |
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| | Page 130, line 24 [Schedule 6], at end insert— |
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| | | ‘(3A) | The OHPA shall have regard to the desirability of improving the awareness of, |
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| | | and training in, human rights of its members.’. |
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| | Page 154, line 10 [Schedule 9], at end insert— |
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| | | ‘(ea) | awareness of, and training in, human rights;’. |
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| | | Tobacco Disclosure (publication of market research) |
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| | To move the following Clause:— |
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| | | ‘(1) | A person who in the course of business manufactures or sells a tobacco product |
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| | | or causes one to be sold or who publishes an advertisement to promote a tobacco |
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| | | product or causes one to be published shall disclose to the appropriate Minister |
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| | | information arising from any market research into the manufacture, sale or |
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| | | advertisement of any tobacco product or products carried out by them or on their |
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| | | behalf or which is disclosed to them and any policy document related thereto. |
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| | | (2) | Disclosures to the appropriate Ministers shall take place within one calendar |
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| | | month of any person described in subsection (1) above receiving such |
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| | | (3) | Subsections (1) and (2) above shall apply also to any market research in |
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| | | connection with any service or product of any name, emblem or other feature |
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| | | which is the same or similar to a name, emblem or other feature which is |
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| | | connected with a tobacco product. |
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| | | (4) | The appropriate Minister may make such use as he thinks fit of the information |
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| | | disclosed and shall publish it within one calendar month of his receiving it, except |
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| | | in the case of information disclosed under subsection (3) when the appropriate |
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| | | Minister may at his discretion postpone publication to within one calendar month |
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| | | of the first anniversary of his receiving it, at the latest. |
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| | | (5) | Subsections (1), (2), (3) and (4) shall apply to any information held by a person |
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| | | on the day of Royal Assent covering a period not exceeding the preceding ten |
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| | | years, as well as information received after Royal Assent. |
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| | | (6) | Subsections (1), (2), (3), (4) and (5) above shall also apply to the sale or |
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| | | promotion of tobacco products anywhere in the world.’. |
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| | | Tobacco Disclosure (publication of scientific research) |
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| | To move the following Clause:— |
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| | | ‘(1) | A person who in the course of business manufactures or sells a tobacco product |
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| | | or causes one to be sold or who publishes an advertisement to promote a tobacco |
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| | | product or causes one to be published shall disclose to the appropriate Minister |
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| | | information arising from scientific research into a tobacco product or products |
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| | | carried by them or on their behalf or which is disclosed to them and any policy |
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| | | documents related thereto. |
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| | | (2) | Disclosure to the appropriate Minister shall take place within one calendar month |
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| | | of his receiving such information. |
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| | | (3) | The appropriate Minister shall make such use as he sees fit of the information |
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| | | disclosed and shall publish it within one calendar month of his receiving it. |
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| | | (4) | Subsections (1), (2) and (3) shall apply also to any information held by a person |
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| | | on the day of Royal Assent covering a period not exceeding the ten years |
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| | | preceding that day as well as information received after Royal Assent. |
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| | | (5) | Subsections (1), (2), (3) and (4) shall apply to the sale or promotion of tobacco |
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| | | products anywhere in the world.’. |
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| | | Tobacco Disclosure (enforcement) |
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| | To move the following Clause:— |
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| | | ‘(1) | A person who fails to comply with he provision of this Part shall be guilty of an |
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| | | (2) | For the purposes of the trying of offences under this Part— |
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| | | (a) | any such offence committed in England or Wales may be treated as |
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| | | having been committed in any place in England or Wales, so that any |
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| | | magistrates’ court in England or Wales has jurisdiction to try the offence; |
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| | | (b) | any such offence committed in Northern Ireland may be treated as having |
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| | | been committed in any place in Northern Ireland, so that any magistrates’ |
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| | | court in Northern Ireland has jurisdiction to hear and determine a |
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| | | complaint charging the offence.’. |
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| | | Tobacco Disclosure (powers of entry, etc) |
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| | To move the following Clause:— |
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| | | ‘(1) | A duly authorised officer has the right, on producing, if so required, his written |
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| | | (a) | at any reasonable hour to enter any premises, other than premises used |
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| | | only as a private dwelling house, which he considers it is necessary for |
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| | | him to enter for the purpose of the proper exercise of his function under |
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| | | (b) | to carry out on those premises such inspections and examinations as he |
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| | | considers necessary for that purpose; |
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| | | (c) | to require the production of any book, document, data, record (in |
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| | | whatever form it is held) or product and inspect it, take copies of or |
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| | | extracts from it, or take possession of it and retain it for as long as he |
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| | | considers necessary for that purpose; |
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| | | (d) | to require any person to give him such information, or afford him such |
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| | | facilities and assistance, as he considers necessary for that purpose. |
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| | | (2) | A duly authorised officer may make such purchases and secure the provision of |
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| | | such services, as he considers necessary for the purpose of the proper exercise of |
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| | | his functions under this Part. |
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| | | (3) | A person is not obliged by subsection (1) to answer any questions or produce any |
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| | | document which he would be entitled to refuse to answer or to produce— |
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| | | (a) | in or for the purposes of proceedings in a court in England and Wales |
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| | | where the question is asked or the document is required by a duly |
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| | | authorised officer in England and Wales; |
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| | | (b) | in or for the purposes of proceedings in a court in Northern Ireland, where |
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| | | the question is asked or the document is required by a duly authorised |
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| | | officer in Northern Ireland; |
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| | | (c) | in or for the purposes of proceedings in a court in Scotland, where the |
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| | | question is asked or the document is required by a duly authorised officer |
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| | | (4) | If a justice of the peace (or, in Scotland, a sheriff) is satisfied by any written |
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| | | information on oath that for the purpose of the proper exercise of the functions |
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| | | under this Part there are reasonable grounds for entry into any premises, other |
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| | | than premises used only as a private dwelling hours, and house— |
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| | | (a) | that admission to the premises has been or is likely to be refused and that |
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| | | notice of intention to apply for a warrant under this subsection has been |
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| | | given to the occupier; or |
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| | | (b) | that an application for admission, or the giving of such notice, would |
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| | | defeat the object of the entry or that the premises are unoccupied or that |
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| | | the occupier is temporarily absent and it might defeat the object of entry |
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| | | the justice may by warrant signed by him, which shall continue in force until the |
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| | | end of the period of one month beginning with the date on which he signs it, |
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| | | authorise any duly authorised officer to enter the premises, if need be by force. |
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| | | (5) | A duly authorised officer entering any premises by virtue of subsection (1) or of |
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| | | a warrant under subsection (4) may take with him when he enters those premises |
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| | | such other persons and such equipment, as he considers necessary. |
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| | | (6) | On leaving any premises which a duly authorised officer is authorised to enter by |
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| | | a warrant under subsection (4), that officer shall, if the premises are unoccupied |
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| | | or the occupier is temporarily absent, leave the premises as effectively secured |
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| | | against trespassers as he found them. |
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| | | (7) | Where by virtue of subsection (1)(c) a duly authorised officer takes possession of |
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| | | any item, he shall leave on the premises from which the item was removed a |
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| | | statement giving particulars of what he has taken and stating that he has taken |
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| | | Tobacco disclosure (obstruction, etc. of officers) |
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| | To move the following Clause:— |
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| | | (a) | intentionally obstructs a duly authorised officer of an enforcement |
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| | | authority who is acting in the proper exercise of his functions under this |
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| | | (b) | without reasonable cause fails to comply with any requirements made of |
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| | | him by such an officer who is so acting, |
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| | | (2) | A person who, in giving any information which is properly required of him by a |
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| | | duly authorised officer of an enforcement authority, makes a statement which is |
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| | | false in a material particular is guilty of an offence. |
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| | | (3) | It is a defence for a person charged with an offence under subsection (2) to |
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| | | (a) | that he did not know that the material particular was false; and |
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| | | (b) | that he had reasonable grounds to believe that it was true.’. |
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| | | Tobacco disclosure (penalties) |
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| | To move the following Clause:— |
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| | | ‘A person guilty of an offence under or by virtue of any other provision of the Part |
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| | | (a) | on summary conviction (or, in Scotland, on conviction under summary |
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| | | procedure) to imprisonment for a term not exceeding six months, or a fine |
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| | | not exceeding level 5 on the standard scale, or both; or |
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| | | (b) | on conviction on indictment (or, in Scotland, on conviction under solemn |
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| | | procedure) to imprisonment for a term not exceeding 2 years, or a fine, |
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| | | Tobacco disclosure (offences by bodies corporate and Scottish partnerships) |
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| | To move the following Clause:— |
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| | | ‘(1) | If an offence under any provision of this Part committed by a body corporate is |
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| | | (a) | to have been committed with the consent or connivance of an officer, or |
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