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| given up to and including |
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| Thursday 14th February 2008 |
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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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| | 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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| | 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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| | 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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| | 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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| | (b) | to be attributable to any neglect on his part, |
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| | | the officer as well as the body corporate is guilty of the offence and liable to be |
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| | proceeded against and punished accordingly. |
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| | (2) | In subsection (1) “officer”, in relation to a body corporate, means a director, |
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| | manager, secretary or other similar officer of the body, or person purporting to act |
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| | (3) | If the affairs of a body corporate are managed by its members, subsection (1) |
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| | applies in relation to the acts and defaults of a member in connection with his |
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| | functions of management as if he were a director of the body corporate. |
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| | (4) | If an offence under any provisions of this Part committed by a partnership in |
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| | (a) | to have been committed with the consent or connivance of a partner, or |
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| | (b) | to be attributable to any neglect on his part, |
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| | | the partner as well as the partnership is guilty of the offence and liable to be |
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| | proceeded against and punished accordingly. |
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| | (5) | In subsection (4) “partner” includes a person purporting to act as a partner.’. |
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| | Tobacco disclosure (expenses) |
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| To move the following Clause:— |
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| | ‘There shall be paid out of money provided by Parliament any expenses of the |
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| | Secretary of State under this Act.’. |
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| | Tobacco disclosure (interpretation) |
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| To move the following Clause:— |
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| | “appropriate Minister” means— |
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| | (a) | in relation to England, Wales and Northern Ireland, the Secretary |
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| | (b) | in relation to Scotland, the Scottish Ministers; |
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| | “duly authorised officer” means an officer appointed by the appropriate |
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| | Code of practice relating to malnutrition |
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| | To move the following Clause:— |
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| | ‘(1) | The Secretary of State may issue a code of practice about compliance with any |
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| | requirements of regulations under section 16 which relate to the prevention or |
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| | management of malnutrition. |
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