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Health Bill [HL]


Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England

21

 

Secretary of State must decide what action to take in relation to the

performance of the relevant functions.

(2)   

The Secretary of State must as soon as reasonably practicable—

(a)   

publish a notice of the decision and of the reasons for it;

(b)   

lay a copy of the notice before Parliament.

5

65X     

Removal of a trust special administrator

The Secretary of State may at any time give directions to a Primary Care

Trust and a trust special administrator who exercises functions on

behalf of the Primary Care Trust, requiring that the appointment of the

administrator should come to an end with effect from a specified day.

10

Supplementary

65Y     

Replacement of trust special administrator

(1)   

Where the Secretary of State has given directions under section 65P

and, before the Secretary of State has published a decision under

section 65W, the trust special administrator appointed under the

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directions (or whose appointment has effect as if made under the

directions) ceases to hold office for any reason, the Secretary of State

must—

(a)   

appoint another person as the trust special administrator, and

(b)   

publish the name of the person appointed.

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(2)   

An appointment under subsection (1) has effect as if made by the

Primary Care Trust under the directions.

(3)   

Where a person is appointed under subsection (1) in relation to a

Primary Care Trust, anything done by or in relation to a previous trust

special administrator has effect as if done by or in relation to that

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person, unless the Secretary of State directs otherwise.

65Z     

Secretary of State’s directions to trust special administrator

The Secretary of State may give directions to a trust special

administrator about the exercise of functions under or by virtue of this

Chapter.

30

65Z1    

Guidance

(1)   

The Secretary of State must publish guidance for trust special

administrators.

(2)   

It must include guidance about the publication of notices under

sections 65T and 65V.

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(3)   

It must include guidance in relation to the preparation of draft reports,

as to—

(a)   

persons to be consulted;

(b)   

factors to be taken into account;

(c)   

relevant publications.

40

 
 

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England

22

 

65Z2    

Directions

Directions under the following provisions of this Chapter must be laid

before Parliament after they are given—

(a)   

section 65P(1);

(b)   

section 65X;

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(c)   

section 65Z.

65Z3    

Interpretation of this Chapter

In this Chapter—

“relevant functions” has the meaning given in section 65Q(3);

“trust special administrator” means a person appointed under

10

directions under section 65P(1) or under section 65Y(1)(a);

“working day” means any day which is not Saturday, Sunday,

Christmas Day, Good Friday or a day which is a bank holiday

in England and Wales under the Banking and Financial

Dealings Act 1971.”

15

18      

Trust special administrators: consequential amendments

(1)   

The National Health Service Act 2006 (c. 41) is amended as follows.

(2)   

Section 53 (voluntary arrangements for NHS foundation trusts) is amended as

follows.

(3)   

In subsection (1), after “NHS foundation trust” insert “to which this section

20

applies”.

(4)   

In subsection (2), after “NHS foundation trusts” insert “to which this section

applies”.

(5)   

After subsection (4) insert—

“(4A)   

This section applies to an NHS foundation trust to which Chapter 5A

25

does not apply.”

(6)   

In section 54 (dissolution etc. of NHS foundation trusts), in subsection (1), after

“NHS foundation trust” insert “to which section 53 applies”.

(7)   

In section 242 (public involvement and consultation), at the end insert—

“(6)   

This section does not require a body to make arrangements in relation

30

to matters to which a trust special administrator’s report or draft report

under section 65F, 65I, 65R or 65U relates before the decision of the

Secretary of State under section 65K or 65W has been published.”

(8)   

In section 272 (orders, regulations, rules and directions)—

(a)   

in subsection (4), for “and (6)” substitute “, (6) and (6A)”;

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(b)   

in subsection (5), after paragraph (a) insert—

“(aa)   

section 65B(1), 65E(1), 65J(2), 65L(2) or (4), or 65V(2),”;

(c)   

after subsection (6) insert—

“(6A)   

A statutory instrument containing an order under section

65B(1), 65E(1), 65J(2), 65L(2) or (4) or 65V(2) must be laid before

40

Parliament after it is made.”

 
 

Health Bill [HL]
Part 3 — Miscellaneous

23

 

(9)   

In section 275(1) (interpretation), in the definition of “NHS trust”, at the end

insert “and, subject to Schedule 10A, a body that becomes a National Health

Service trust by virtue of an order made under section 65E(1),”.

(10)   

In paragraph 28(3) of Schedule 4 (NHS trusts established under section 25),

after “as a matter of urgency” insert “or where the order is made following the

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publication of a final report under section 65I(3)”.

(11)   

In Schedule 9 (NHS foundation trusts: transfer of staff), in paragraph 1 after

“NHS foundation trust” insert “to which section 53 applies”.

(12)   

In section 206(1) of the National Health Service (Wales) Act 2006 (c. 42)

(interpretation), in the definition of “NHS trust”, at the end insert “(including

10

a body that becomes a National Health Service trust by virtue of an order made

under section 65E(1) of that Act)”.

Chapter 2

Suspension

19      

NHS and other health appointments: suspension

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Schedule 3 (which amends enactments to provide for powers of suspension in

relation to chairs, vice-chairs and other members of NHS bodies and other

bodies concerned with health) has effect.

Part 3

Miscellaneous

20

Tobacco

20      

Prohibition of advertising: exclusion for specialist tobacconists

In section 6 of the Tobacco Advertising and Promotion Act 2002 (c. 36)

(specialist tobacconists), before subsection (1) insert—

“(A1)   

The appropriate Minister may provide in regulations that no offence is

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committed under section 2 if the tobacco advertisement—

(a)   

is in, or fixed to the outside of premises of, a specialist

tobacconist in England and Wales or Northern Ireland,

(b)   

is not for cigarettes or hand-rolling tobacco, and

(c)   

complies with any requirements specified in the regulations.”

30

21      

Prohibition of tobacco displays etc

After section 7 of the Tobacco Advertising and Promotion Act 2002

(developments in technology) insert—

“7A     

Prohibition of tobacco displays

(1)   

A person who in the course of a business displays tobacco products, or

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causes tobacco products to be displayed, in a place in England and

Wales or Northern Ireland is guilty of an offence.

 
 

Health Bill [HL]
Part 3 — Miscellaneous

24

 

(2)   

The appropriate Minister may by regulations provide for the meaning

of “place” in this section.

(3)   

The appropriate Minister may by regulations make provision for a

display in a place which also amounts to an advertisement to be treated

for the purposes of offences in England and Wales or Northern Ireland

5

under this Act—

(a)   

as an advertisement and not as a display, or

(b)   

as a display and not as an advertisement.

7B      

Tobacco displays: exclusions and defence

(1)   

No offence is committed under section 7A if—

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(a)   

the tobacco products are displayed in the course of a business

which is part of the tobacco trade,

(b)   

they are displayed for the purposes of that trade, and

(c)   

the display is accessible only to persons who are engaged in, or

employed by, a business which is also part of that trade.

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(2)   

No offence is committed under section 7A if the display is a requested

display to an individual aged 18 or over.

(3)   

The appropriate Minister may provide in regulations that no offence is

committed under section 7A if the display complies with requirements

specified in the regulations.

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(4)   

Subsections (5) and (7) apply where a person (“D”) is charged with an

offence under section 7A in a case where the display is a requested

display to an individual aged under 18.

(5)   

Where D is charged by reason of D having displayed the tobacco

product it is a defence that—

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(a)   

D believed that the individual was aged 18 or over, and

(b)   

either—

(i)   

D had taken all reasonable steps to establish the

individual’s age, or

(ii)   

from the individual’s appearance nobody could

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reasonably have suspected that the individual was aged

under 18.

(6)   

For the purposes of subsection (5), a person is treated as having taken

all reasonable steps to establish an individual’s age if—

(a)   

the person asked the individual for evidence of the individual’s

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age, and

(b)   

the evidence would have convinced a reasonable person.

(7)   

Where D is charged by reason of D having caused the display of the

tobacco product it is a defence that D exercised all due diligence to

avoid committing the offence.

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(8)   

In this section “a requested display” means a display to an individual

following a particular request by the individual to purchase a tobacco

product, or for information about a tobacco product.

 
 

 
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