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Public Bill Committee Proceedings: 25 June 2009            

34

 

Health Bill-[ [], continued

 
 

as a volunteer or otherwise) in, or in connection with, the

 

provision, commissioning or regulation of NHS services;

 

(b)    

persons employed by a person listed in subsection (4) or (5) of

 

section 2 or otherwise working for such a person (whether as or

 

on behalf of a contractor, as a volunteer or otherwise) in, or in

 

connection with, the provision of services or assistance or the

 

making of arrangements as mentioned in the subsection in

 

question.

 

(6)    

For the purposes of subsection (3), each of the following is a local authority—

 

(a)    

a county council in England;

 

(b)    

a district council in England, other than a council for a district in a county

 

for which there is a county council;

 

(c)    

a London borough council;

 

(d)    

the Common Council of the City of London;

 

(e)    

the Council of the Isles of Scilly.’.

 


 

Notification to Parliament of the impact of quality accounts

 

Mike Penning

 

Mr Stephen O’Brien

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make a statement to Parliament no later than 3 years

 

after the coming into force of this Part regarding the impact of quality accounts.

 

(2)    

This statement shall address the demand for quality accounts from patients and

 

members of the public, the improvements that quality accounts have brought

 

about as provider organisations focus on quality improvement, and the way that

 

quality accounts reflect the healthcare needs of patients servied by the bodies

 

listed in Clause 8, subsections (2) and (3).’.

 


 

Cross border pharmaceutical services

 

Mr Stephen O’Brien

 

Mike Penning

 

Withdrawn  NC6

 

To move the following Clause:—

 

‘After paragraph 13 of schedule 1 of the National Health Service (Wales) Act

 

2006 (c. 42) add—

 

“Cross border pharmaceutical services

 

(14)    

The Welsh Ministers must ensure that residents of England registered

 

with Welsh general practices receive the same access to pharmaceutical


 
 

Public Bill Committee Proceedings: 25 June 2009            

35

 

Health Bill-[ [], continued

 
 

services as residents of England registered with English general

 

practices.

 

(15)    

The Secretary of State may issue guidance on the representation of

 

English residents registered with Welsh general practices by Members of

 

Parliament to Welsh Ministers.”’.

 


 

Evaluation of quality accounts

 

Mike Penning

 

Mr Stephen O’Brien

 

Not called  NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make a statement to Parliament no later than 4 years

 

after the coming into force of this Part regarding the impact of quality accounts.

 

(2)    

This statement shall examine the way quality accounts reflect the demographic,

 

social, economic and geographical areas served by the bodies listed in Clause 8,

 

subsections (2) and (3).’.

 


 

Charges to overseas visitors

 

Sandra Gidley

 

Dr John Pugh

 

Withdrawn  NC8

 

To move the following Clause:—

 

‘(1)    

The National Health Service (Charges to Overseas Visitors) Regulations 1989

 

(S.I. 1989/306) are amended as follows—

 

(2)    

In regulations 4, paragraph (c) after the second “Kingdom”, insert “or under the

 

Human Rights Convention, whether or not such application has been decided.”

 

(3)    

In regulation 4, paragraph (1), sub-paragraph (c), leave out “which has not yet

 

been determined”’.

 


 

Accessible information

 

Sandra Gidley

 

Dr John Pugh

 

Withdrawn  NC9

 

To move the following Clause:—

 

‘(1)    

This section applies to information provided by the National Health Service to

 

patients or members of the public.


 
 

Public Bill Committee Proceedings: 25 June 2009            

36

 

Health Bill-[ [], continued

 
 

(2)    

Information to which this section applies shall be made available in a manner

 

which is accessible to people with disabilities.

 

(3)    

Each NHS trust shall publish annually, as part of their reporting on their

 

Disability Equality Duty obligations, details of the number of documents they

 

have provided to disabled people in formats other than standard print.’.

 


 

Plain packaging

 

Sandra Gidley

 

Dr John Pugh

 

Withdrawn  NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make regulations imposing such requirements as he

 

considers necessary prohibiting or restricting the sale or supply of tobacco

 

products otherwise than in packages or packaging which comply with the

 

regulations.

 

(2)    

The regulations made by the Secretary of State in subsection (1) may impose such

 

requirements the Secretary of State considers necessary or expedient with respect

 

to any one or more of the following particulars—

 

(a)    

the colour of the packages or packaging;

 

(b)    

the shape and material of the packages or packaging;

 

(c)    

distinctive marks displayed on the packages or packaging;

 

(d)    

trade marks or registered trade marks displayed on the packages or

 

packaging;

 

(e)    

the labelling in respect of packages, packaging or tobacco products, or

 

associated with packages, packaging or tobacco products;

 

(f)    

the contents inside the packages or packaging, in addition to tobacco

 

products; and

 

(g)    

any other particulars as may be prescribed by the Secretary of State.

 

(3)    

Regulations made under this section may provide that packages or packaging of

 

any such description, or falling within any such class, as may be specified in the

 

regulations shall not, except in such circumstances (if any) as may be so specified,

 

be of any such colour or shape, or display any such mark or trade mark, or any

 

other particulars as may be so specified.

 

(4)    

No person shall, in the course of a business carried on by him, sell or supply, or

 

have in his possession for the sale or supply, any tobacco product, package, or

 

packaging in such circumstances as to contravene any requirements imposed by

 

regulations under this section which are applicable to that tobacco product,

 

package, or packaging.

 

(5)    

Any regulations made under this section may provide that any person who

 

contravenes the regulations shall be guilty of an offence and shall be liable on

 

summary conviction to a fine not exceeding a level on the standard scale specified

 

in regulations made by the Secretary of State.

 

(6)    

Before making any regulations under this section, the Secretary of State shall

 

consult such persons as are likely to him to be substantially affected by those

 

regulations.

 

(7)    

For the purposes of this Act—

 

“trade mark” and “registered trade mark” shall have the same meaning as in

 

section 1 of the Trade Marks Act 1994;


 
 

Public Bill Committee Proceedings: 25 June 2009            

37

 

Health Bill-[ [], continued

 
 

“package” shall mean the packet, container, wrapping or other receptacle

 

which contains or is to contain the tobacco products;

 

“packaging” shall mean all products made of any material to be used for the

 

containment, protection, handling, transporting, delivery, sale and

 

presentation of the packages;

 

“tobacco products” shall include cigarettes, cigars and any other product

 

containing tobacco and intended for oral or nasal use and smoking

 

mixtures intended as a substitute for tobacco, and the expression

 

“cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other

 

material in such form as to be capable of immediate use for smoking, and

 

cigarette papers, tubes and filters.

 

(8)    

Regulations made by the Secretary of State under this section—

 

(a)    

may make different provision for different cases; and

 

(b)    

may contain such incidental supplemental, consequential and transitional

 

provision as the Secretary of State thinks fit.

 

(9)    

The powers of the Secretary of State under this subsection shall be exercisable by

 

statutory instrument.

 

(10)    

No regulations under this section shall be made unless a draft has been laid

 

before, and approved by a resolution of, both Houses of Parliament.’.

 


 

Decriminalisation of pharmaceutical errors

 

Mr Stephen O’Brien

 

Mike Penning

 

Withdrawn  NC11

 

To move the following Clause:—

 

‘(1)    

The Medicines Act 1968 is amended as follows.

 

(2)    

In section 67 (Offences under part III) after “sections 52, 58, 63;” leave out “64”.

 

(3)    

In section 122 (Warranty as defence) in subsection (2) after “section 63(b)”, leave

 

out “sections 64 and” and insert “section”.’.

 


 

Nicotine replacement therapy

 

Mike Penning

 

Mr Stephen O’Brien

 

Withdrawn  NC12

 

To move the following Clause:—

 

‘The Secretary of State shall before 21 July 2009 set out guidance for consultation

 

with appropriate stakeholders to provide greater access to nicotine replacement

 

therapy for members of the public.’.

 



 
 

Public Bill Committee Proceedings: 25 June 2009            

38

 

Health Bill-[ [], continued

 
 

Tobacco smuggling

 

Mike Penning

 

Mr Stephen O’Brien

 

Not selected  NC13

 

To move the following Clause:—

 

‘(1)    

Within two months of the passing of this Act, the Secretary of State shall establish

 

a committee of appropriate stakeholders to propose new approaches to reduce the

 

prevalence of tobacco smuggling.

 

(2)    

The Secretary of State shall before 21 July 2009 establish a consultation with

 

appropriate stakeholders to reduce the prevalence of tobacco smuggling in the

 

following decade.’.

 


 

Mr Stephen O’Brien

 

Mike Penning

 

Not called  62

 

Title,  line  5,  leave out ‘adult’.

 


 

Mr Mike O’Brien

 

                                                                                                                                                                                                                                                        Agreed to

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

Bill, as amended, to be reported.

 


 
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