Health Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Health Bill [HL]

Health Bill [HL]
Part 3 — Miscellaneous
25

7C
Displays: prices of tobacco products
(1)
The appropriate Minister may by regulations make provision imposing
requirements in relation to the display in a place in England and Wales
or Northern Ireland in the course of a business of prices of tobacco
products.
5
(2)
A person who displays or causes to be displayed prices of tobacco
products in breach of a requirement contained in the regulations is
guilty of an offence.
(3)
The regulations may, in particular, provide for the meaning of “place”
in this section.
10
(4)
The regulations may make provision for a display of prices in a place
which also amounts to an advertisement to be treated for the purposes
of offences in England and Wales or Northern Ireland under this Act—
(a)
as an advertisement and not as a display of prices, or
(b)
as a display of prices and not as an advertisement.
15
7D
Displays on a website
(1)
The Secretary of State may by regulations make provision imposing
requirements in relation to the display in England and Wales or
Northern Ireland in the course of a business of tobacco products or their
prices on a website where tobacco products are offered for sale.
20
(2)
A person who displays or causes to be displayed tobacco products or
their prices in breach of a requirement contained in the regulations is
guilty of an offence.
(3)
A service provider established in England and Wales or Northern
Ireland is guilty of an offence if, in the course of providing information
25
society services, the provider does anything in an EEA State other than
the United Kingdom which, if done in England and Wales or Northern
Ireland, would constitute an offence under subsection (2).
(4)
Nothing in subsection (2) makes it an offence for a service provider
established outside the United Kingdom to do anything in the course of
30
providing information society services.
(5)
The regulations may make provision for a relevant display of tobacco
products or their prices which also amounts to an advertisement to be
treated for the purposes of offences in England and Wales or Northern
Ireland under this Act—
35
(a)
as an advertisement and not as a display, or
(b)
as a display and not as an advertisement.
(6)
In subsection (5) a “relevant display” means a display on a website
where tobacco products are offered for sale.”
22
Power to prohibit or restrict sales from vending machines
40
(1)
After section 3 of the Children and Young Persons (Protection from Tobacco)

Health Bill [HL]
Part 3 — Miscellaneous
26

Act 1991 (c. 23) (sale of unpackaged cigarettes) insert—
“3A
Sales from vending machines in England and Wales
(1)
The appropriate national authority may by regulations make provision
prohibiting or imposing requirements in relation to the sale of tobacco
from an automatic machine in England and Wales.
5
(2)
The regulations may, in particular, impose—
(a)
requirements as to the location of any automatic machine for the
sale of tobacco;
(b)
requirements in relation to the design, construction or operation
of such a machine.
10
(3)
The regulations must make provision as to the persons who are liable
in the case of any breach of a prohibition or requirement.
(4)
Where a prohibition or requirement contained in the regulations is
breached, any person liable in accordance with the regulations is guilty
of an offence.
15
(5)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(6)
Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act
2002 (enforcement etc.) apply for the purposes of this section and
regulations made under it as they apply for the purposes of provisions
20
of that Act.
(7)
The power of the appropriate national authority to make regulations
under this section—
(a)
is exercisable by statutory instrument,
(b)
may be exercised to make different provision for different cases
25
or circumstances, and
(c)
includes power to make supplementary, incidental,
consequential or transitional provision.
(8)
A statutory instrument containing regulations made under this section
may not be made—
30
(a)
by the Secretary of State unless a draft of the instrument has
been laid before, and approved by a resolution of, each House
of Parliament, and
(b)
by the Welsh Ministers unless a draft of the instrument has been
laid before, and approved by a resolution of, the National
35
Assembly for Wales.
(9)
In this section—
“the appropriate national authority”—
(a)
in relation to England, means the Secretary of State; and
(b)
in relation to Wales, means the Welsh Ministers;
40
“tobacco” has the same meaning as in section 7 of the Children and
Young Persons Act 1933.”
(2)
In section 12D(1) of the Children and Young Persons Act 1933 (c. 12) (restricted
premises orders and restricted sales orders: interpretation)—
(a)
omit “or” at the end of paragraph (a);
45

Health Bill [HL]
Part 3 — Miscellaneous
27

(b)
after paragraph (b) insert “, or
(c)
an offence committed under section 3A of the Children
and Young Persons (Protection from Tobacco) Act 1991
in respect of any machine kept on any premises (which
are accordingly “the premises in relation to which the
5
offence is committed”).”
23
Power to prohibit or restrict sales from vending machines: Northern Ireland
After article 4 of the Children and Young Persons (Protection from Tobacco)
(Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (sale of unpackaged
cigarettes) insert—
10
“4A
Sales from vending machines
(1)
The Department may by regulations make provision prohibiting or
imposing requirements in relation to the sale of tobacco from an
automatic machine.
(2)
The regulations may, in particular, impose—
15
(a)
requirements as to the location of any automatic machine for the
sale of tobacco;
(b)
requirements in relation to the design, construction or operation
of such a machine.
(3)
The regulations must make provision as to the persons who are liable
20
in the case of any breach of a prohibition or requirement.
(4)
Where a prohibition or requirement contained in the regulations is
breached, any person liable in accordance with the regulations is guilty
of an offence.
(5)
A person guilty of an offence under this Article is liable on summary
25
conviction to a fine not exceeding level 4 on the standard scale.
(6)
Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act
2002 (enforcement etc.) apply for the purposes of this Article and
regulations made under it as they apply for the purposes of provisions
of that Act.
30
(7)
The power to make regulations under this Article includes power to
make supplementary, incidental, consequential or transitional
provision.
(8)
Regulations may not be made under this Article unless a draft of the
regulations has been laid before, and approved by a resolution of, the
35
Assembly.
(9)
In this Article “tobacco” has the same meaning as in Part 2 of the Health
and Personal Social Services (Northern Ireland) Order 1978.”
24
Tobacco: minor and consequential amendments
Schedule 4 (which makes minor and consequential amendments relating to the
40
advertising and promotion of tobacco products) has effect.

Health Bill [HL]
Part 3 — Miscellaneous
28

Pharmaceutical services in England
25
Pharmaceutical needs assessments
After section 128 of the National Health Service Act 2006 (c. 41) insert—
“128A
Pharmaceutical needs assessments
(1)
Each Primary Care Trust must in accordance with regulations—
5
(a)
assess needs for pharmaceutical services in its area, and
(b)
publish a statement of its first assessment and of any revised
assessment.
(2)
The regulations must make provision—
(a)
as to information which must be contained in a statement;
10
(b)
as to the extent to which an assessment must take account of
likely future needs;
(c)
specifying the date by which a Primary Care Trust must publish
the statement of its first assessment;
(d)
as to the circumstances in which a Primary Care Trust must
15
make a new assessment.
(3)
The regulations may in particular make provision—
(a)
as to the pharmaceutical services to which an assessment must
relate;
(b)
requiring a Primary Care Trust to consult specified persons
20
about specified matters when making an assessment;
(c)
as to the manner in which an assessment is to be made;
(d)
as to matters to which a Primary Care Trust must have regard
when making an assessment.”
26
New arrangements for entry to pharmaceutical list
25
(1)
Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical services) is amended as follows.
(2)
In subsection (2)(c), for the words from “may be granted” to “specified in the
application,” substitute “must be granted if the Primary Care Trust is satisfied
as mentioned in subsection (2A), and may otherwise be granted only if the
30
Primary Care Trust is satisfied as mentioned in subsection (2B),”.
(3)
After subsection (2) insert—
“(2A)
The Primary Care Trust is satisfied as mentioned in this subsection if,
having regard to its needs statement and to any matters prescribed by
the Secretary of State in the regulations, it is satisfied that it is necessary
35
to grant the application in order to meet a need in its area for the
services or some of the services specified in the application.
(2B)
The Primary Care Trust is satisfied as mentioned in this subsection if,
having regard to its needs statement and to any matters prescribed by
the Secretary of State in the regulations, it is satisfied that to grant the
40
application would secure improvements, or better access, to
pharmaceutical services in its area.

Health Bill [HL]
Part 3 — Miscellaneous
29

(2C)
In relation to cases where the Primary Care Trust is satisfied as
mentioned in subsection (2B), the regulations may make provision as
to—
(a)
the manner in which the Primary Care Trust is to determine
whether to grant the application,
5
(b)
matters which the Primary Care Trust must or must not take
into account for the purpose of determining whether to grant
the application.”
(4)
After subsection (3) insert—
“(3A)
The regulations may prescribe circumstances in which two or more
10
applications referred to in subsection (2)(c)(i) or (ii) may be considered
together by the Primary Care Trust.”
(5)
In subsection (4)—
(a)
for the words from “include” to “subsection (5) for” substitute “make
provision for the Primary Care Trust to take into account prescribed
15
matters in”;
(b)
omit paragraph (a);
(c)
in paragraph (b), for “they” substitute “two or more applications
referred to in subsection (2)(c)(i) or (ii)”;
(d)
in paragraph (c), for “subsection (2)(c)” substitute “subsection (2A) or
20
(2B)”.
(6)
After subsection (4) insert—
“(4A)
Regulations under subsection (4) may in particular make the provision
mentioned in subsection (5), with or without modifications.”
(7)
In subsection (6), before paragraph (a) insert—
25
“(za)
for the circumstances and manner in which a Primary Care
Trust may invite applications for inclusion in a pharmaceutical
list,”.
(8)
After subsection (10) insert—
“(10A)
Primary Care Trusts must give reasons for decisions made by virtue of
30
this section.
(10B)
In this section a “needs statement” means the statement required by
section 128A(1)(b) as most recently published by the relevant Primary
Care Trust.”
27
Pharmaceutical lists: minor amendment
35
In section 129(6) of the National Health Service Act 2006 (c. 41) (regulations as
to pharmaceutical services), in paragraph (d), for “such an application”
substitute “an application to a Primary Care Trust”.
28
Breach of terms of arrangements: notices and penalties
In Part 7 of the National Health Service Act 2006, before Chapter 6
40

Health Bill [HL]
Part 3 — Miscellaneous
30

(disqualification) insert—
“Chapter 5A
Notices and penalties
150A
Notices and penalties
(1)
The Secretary of State may by regulations provide that where a
5
practitioner who provides pharmaceutical services under
arrangements with a Primary Care Trust breaches a term of those
arrangements, the Primary Care Trust may—
(a)
by a notice require the practitioner to do, or not do, specified
things or things of a specified description within a specified
10
period, or
(b)
in prescribed circumstances or for a prescribed period,
withhold all or part of a payment due to the practitioner under
the arrangements.
(2)
Regulations under this section must include provision conferring on
15
such persons as may be prescribed rights of appeal from decisions of
Primary Care Trusts made by virtue of this section.
(3)
In this section—
“practitioner” means a person included in a pharmaceutical list,
and
20
“specified” means specified in a notice under paragraph (a) of
subsection (1).”
29
LPS schemes: powers of Primary Care Trusts and Strategic Health Authorities
(1)
The National Health Service Act 2006 (c. 41) is amended as follows.
(2)
In section 15 (Strategic Health Authorities’ directions), in subsection (2), after
25
“section 107 arrangements” insert “or LPS schemes”.
(3)
In section 16 (section 92 arrangements and section 107 arrangements)—
(a)
in subsection (1), after “section 107 arrangements” insert “and LPS
schemes”;
(b)
in the heading, after “section 107 arrangements” insert “and LPS
30
schemes”.
(4)
In section 144 (local pharmaceutical services schemes), after “Primary Care
Trusts” insert “or Strategic Health Authorities”.
(5)
Schedule 12 (LPS schemes) is amended as follows.
(6)
Paragraph 1 is amended as follows.
35
(7)
In sub-paragraph (1), after “Primary Care Trusts” insert “or Strategic Health
Authorities”.
(8)
In sub-paragraph (2)—
(a)
in paragraph (a), after “Primary Care Trust” insert “or Strategic Health
Authority (the “commissioning body”)”;
40
(b)
in paragraph (b), for “Primary Care Trust),” substitute “commissioning
body).”;

Health Bill [HL]
Part 3 — Miscellaneous
31

(c)
omit paragraph (c) and the word “and” immediately before it.
(9)
After sub-paragraph (2) insert—
   “(2A)
A Strategic Health Authority may establish an LPS scheme only
where the only other parties are Primary Care Trusts.
     (2B)
A Primary Care Trust may provide local pharmaceutical services
5
under an LPS scheme (where it is not the commissioning body), but
only in prescribed circumstances.”
(10)
In sub-paragraph (5), for “made by it” substitute “in its area”.
(11)
In sub-paragraph (6), for “and an NHS foundation trust” substitute “, an NHS
foundation trust and a Primary Care Trust”.
10
(12)
In paragraph 2, in sub-paragraph (1), after “Primary Care Trust” insert “or
Strategic Health Authority”.
(13)
Paragraph 3 is amended as follows.
(14)
In sub-paragraph (2), for “Primary Care Trusts” substitute “the commissioning
body”.
15
(15)
In sub-paragraph (3)(k), after “Primary Care Trusts” insert “or Strategic Health
Authorities”.
Pharmaceutical services in Wales
30
Pharmaceutical lists: minor amendment
In section 83(6) of the National Health Service (Wales) Act 2006 (c. 42)
20
(regulations as to pharmaceutical services), in paragraph (d), for “such an
application” substitute “an application to a Local Health Board”.
31
Breach of terms of arrangements: notices and penalties
(1)
In Part 8 of the National Health Service (Wales) Act 2006, before Chapter 2
(disqualification) insert—
25
“Chapter 1A
Notices and penalties
106A
Notices and penalties
(1)
The Welsh Ministers may by regulations provide that where a
practitioner who provides pharmaceutical services or general
30
ophthalmic services under arrangements with a Local Health Board
breaches a term of those arrangements, the Local Health Board may—
(a)
by a notice require the practitioner to do, or not do, specified
things or things of a specified description within a specified
period, or
35
(b)
in prescribed circumstances or for a prescribed period,
withhold all or part of a payment due to the practitioner under
the arrangements.