Notices of Amendments: 6th February 2008

832

Health and Social Care Bill, continued

(b)	to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

(2)	In subsection (1) “officer”, in relation to a body corporate, means a director,

manager, secretary or other similar officer of the body, or person purporting to act

in any such capacity.

(3)	If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with his

functions of management as if he were a director of the body corporate.

(4)	If an offence under any provisions of this Part committed by a partnership in

Scotland is proved—

(a)	to have been committed with the consent or connivance of a partner, or

(b)	to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be

proceeded against and punished accordingly.

(5)	In subsection (4) “partner” includes a person purporting to act as a partner.’.

Tobacco disclosure (expenses)

Frank Dobson

NC12

To move the following Clause:—

‘There shall be paid out of money provided by Parliament any expenses of the

Secretary of State under this Act.’.

Tobacco disclosure (interpretation)

Frank Dobson

NC13

To move the following Clause:—

‘In this Part—

“appropriate Minister” means—

(a)	in relation to England, Wales and Northern Ireland, the Secretary

of State, and

(b)	in relation to Scotland, the Scottish Ministers;

“duly authorised officer” means an officer appointed by the appropriate

Minister.’.

Anne Milton

Mr Andrew Lansley

Mr Stephen O’Brien

Mark Simmonds

Mike Penning

Jeremy Wright

19

Page  75,  line  11  [Clause  123],  at end insert—

‘(4A)

A hearing conducted under subsection (4) shall be heard within two working days

of the application being made.’.

Notices of Amendments: 6th February 2008

833

Health and Social Care Bill, continued

Anne Milton

Mr Andrew Lansley

Mr Stephen O’Brien

Mark Simmonds

Mike Penning

Jeremy Wright

20

Page  74,  line  32  [Clause  123],  leave out ‘28’ and insert ‘14’.

Anne Milton

Mr Andrew Lansley

Mr Stephen O’Brien

Mark Simmonds

Mike Penning

Jeremy Wright

21

Page  75,  line  11  [Clause  123],  at end insert—

‘(4A)

An appeal made in respect of the decision of a justice of the peace under

subsection (4) shall lie to a judge of the Crown Court and shall be treated as a

rehearing.

(4B)	An appeal leading to a variation or revocation of a Part 2A order shall not

invalidate anything already done under that order.

(4C)	The Lord Chancellor may make rules of court governing the conduct of appeals

under subsection (4A).’.

---

Revised 7 February 2008