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| | Restrictions on tobacco packaging |
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| To move the following Clause:— |
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| | ‘Within six months of the passing of this Act, the Secretary of State shall set out |
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| | guidance for consultation with appropriate stakeholders on regulations |
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| | prohibiting or restricting the use of logos, colours, brand images or promotional |
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| | information on tobacco packaging other than brand names and product names |
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| | displayed in a standard colour and font style.’. |
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| | Protection of purchasers of medicinal products |
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| To move the following Clause:— |
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| | ‘(1) | The Medicines Act 1968 is amended as follows. |
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| | (2) | At the end of subsection (4)(a) of section 64 (Protection of purchasers of |
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| | medicinal products) insert— |
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| | “(aa) | the addition or abstraction was not carried out with intent, |
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| | (ab) | the addition or abstraction was not carried out negligently,”.’. |
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| | Offences under Part III of the Medicines Act 1968 |
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| To move the following Clause:— |
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| | ‘(1) | The Medicines Act 1968 is amended as follows. |
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| | (2) | In section 67(2) after “64” insert “(2) to (5)”. |
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| | (3) | After section 67(2) insert— |
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| | “(2A) | Any person who contravenes section 64(1), without exercising all due |
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| | diligence to secure that the provision in question would not be |
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| | contravened, shall be guilty of an offence.”. |
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| | (4) | In section 91(1) after “86(3)” insert “, without exercising all due diligence to |
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| | secure that the provision in question would not be contravened,”’. |
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| To move the following Clause:— |
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| | ‘(1) | The National Health Service Act 2006 (c. 41) is amended as follows. |
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| | (2) | In section 44 (private health care), after subsection (4) insert— |
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| | “(4A) | The Secretary of State may by regulations make provision for exceptions |
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| | to be permitted to the restriction mentioned in subsection (2) subject to |
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| | the principle that any such exception must in all the circumstances be in |
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| | the interests of the National Health Service. |
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| | (4B) | The regulations may specify such other principles and conditions as the |
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| | Secretary of State may consider appropriate.”’. |
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| | Notification of Care Quality Commission special reviews and investigations |
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| To move the following Clause:— |
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| | ‘(1) | The Health and Social Care Act 2008 is amended as follows. |
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| | (2) | In section 39 (bodies required to be notified of certain matters) after subsection |
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| | “(e) | an investigation under section 48 (special reviews and |
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| Page 2, line 3 [Clause 2], at end insert ‘and the core principles of the NHS. |
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| | (1A) | The core principles of the NHS are that— |
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| | (a) | the NHS provides a comprehensive service, available to all; |
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| | (b) | access to NHS services is based on clinical need, not an individual’s |
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| | (c) | the NHS aspires to the highest standards of excellence and |
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| | (d) | NHS services must reflect the needs and preferences of patients, their |
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| | families and their carers; |
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| | (e) | the NHS works across organisational boundaries and in partnership with |
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| | other organisations in the interests of patients, local communities and the |
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| | (f) | the NHS is committed to providing best value for taxpayers’ money and |
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| | the most effective, fair and sustainable use of finite resources; and |
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| | (g) | the NHS is accountable to the public, communities and patients it |
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| Page 3, line 6 [Clause 3], leave out subsection (2) and insert— |
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| | ‘(2) | The Secretary of State must undertake a short review of the NHS Constitution |
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| | within the first two years of operation and, thereafter, at least once in any period |
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| | of 10 years the Secretary of State must carry out a full review (a “10 year |
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| Page 4, line 9 [Clause 4], at end insert— |
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| | ‘(1A) | The Secretary of State must revise the NHS Constitution in the light of relevant |
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| | findings of the Care Quality Commission or the National Patient Safety Agency.’. |
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| Page 13 [Clause 15], leave out lines 20 and 21 and insert— |
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| | ‘(5) | Schedule 8A makes further provision about trusts in respect of which an order is |
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| | made under subsection (1).’. |
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| Page 17, line 15, leave out Clause 16. |
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| Page 22, line 25 [Clause 18], leave out ‘Chapter 5A does’ and insert ‘sections 52B |
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| to 52E and Chapter 5A do’. |
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| Page 22, line 36 [Clause 18], at end insert— |
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| | ‘“( ) | section 52D(1) or (7) or 52E(6),’. |
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| Page 22, line 37 [Clause 18], leave out ‘or (4)’ and insert ‘,(4) or (5)’. |
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| Page 22, line 39 [Clause 18], at end insert ‘52D(1), 52E(6),’. |
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| Page 23, line 2 [Clause 18], leave out ‘10A’ and insert ‘8A’. |
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| Page 23, line 3 [Clause 18], after ‘section’, insert ‘52D(1) or’. |
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| Page 23, line 12 [Clause 18], after ‘section’, insert ‘52D(1) or’. |
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| Page 23, line 31, leave out Clause 21. |
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| Page 24, line 15 [Clause 21], at end insert— |
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| | ‘(2) | No offence is committed under section 7A if— |
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| | (a) | the products are displayed at a place where tobacco products are offered |
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| | (b) | the display is of one packet only of each tobacco product which is offered |
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| | (c) | the display is no greater than 1.5 square metres in size, and |
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| | (d) | the display complies with such requirements as may be specified in |
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| Page 26, line 3 [Clause 22], leave out ‘may’ and insert ‘shall’. |
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| Page 26, line 4 [Clause 22], after ‘prohibiting’, insert ‘in certain circumstances’. |
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| Page 26, line 4 [Clause 22], leave out ‘or imposing requirements in relation to’. |
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| Page 26 [Clause 22], leave out lines 6 to 10. |
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| Page 26 [Clause 22], leave out lines 7 to 10 and insert ‘requirements as to the location |
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| of any automatic machine for the sale of tobacco which would prevent access to, or |
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| purchase of, tobacco by any person aged under 18.’. |
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| Page 26, line 12 [Clause 22], leave out ‘or requirement’. |
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| Page 26, line 13 [Clause 22], leave out ‘or requirement’. |
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| Page 27, line 12 [Clause 23], leave out ‘may’ and insert ‘shall’. |
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| Page 27, line 12 [Clause 23], after ‘prohibiting’, insert ‘in certain circumstances’. |
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| Page 27, line 12 [Clause 23], leave out ‘or imposing requirements in relation to’. |
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| Page 27 [Clause 23], leave out lines 15 to 19. |
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| Page 27 [Clause 23], leave out lines 16 to 19 and insert ‘requirements as to the location |
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| of any automatic machine for the sale of tobacco which would prevent access to, or |
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| purchase of, tobacco by any person aged under 18.’. |
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| Page 27, line 21 [Clause 23], leave out ‘or requirement’. |
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| Page 27, line 22 [Clause 23], leave out ‘or requirement’. |
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| Page 35, line 30 [Clause 38], at end insert— |
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| | ‘( ) | section [Payments in respect of costs of optical appliances];’ |
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| Page 39, line 24 [Schedule 2], leave out ‘10’ and insert ‘8’. |
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| Page 39, line 25 [Schedule 2], leave out ‘10A’ and insert ‘8A’. |
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| Page 39 [Schedule 2], leave out lines 28 to 31 and insert— |
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| | ‘(1) | This Schedule applies to a body which is an NHS trust by virtue of an order |
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| | made under section 52D(1) or 65E(1) (a “de-authorisation order”).’. |
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| Page 40, line 7 [Schedule 2], at beginning insert— |
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| | ‘() | This paragraph is subject to any provision made under section 52D(4) or (7) or |
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| Page 40, line 11 [Schedule 2], leave out ‘order under section 65E(1)’ and insert |
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| ‘de-authorisation order’. |
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| Page 40, line 17 [Schedule 2], at beginning insert— |
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| | ‘() | This paragraph applies only to a body which is an NHS trust by virtue of an |
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| | order made under section 65E(1), and is subject to any provision made under |
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| Page 40, line 20 [Schedule 2], leave out ‘order under section 65E(1)’ and insert |
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| ‘de-authorisation order’. |
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| Page 40, line 36 [Schedule 2], leave out ‘order under section 65E(1)’ and insert |
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