Healthcare Services Bill [H.L.] - continued        House of Lords
Registration and inspection of licensed premises - continued

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Inspection of licensed premises.     13. - (1) The Authority shall ensure that an authorised officer of the Authority shall enter and inspect premises licensed under section 6 at least once a year.
      (2) An authorised officer carrying out an inspection under subsection (1) may-
    (a) inspect any document kept on the premises which appears to the authorised officer to be necessary for the purposes of the inspection,
    (b) require a person holding or accountable for any such document to provide such information and explanation as the authorised officer considers necessary, and
    (c) require that person to attend before the authorised officer in person to give the information or explanation or to produce the document.
      (3) A responsible person shall provide an authorised officer with every facility and all information which he may reasonably require for the purposes of the inspection.
      (4) An authorised officer shall-
    (a) give three clear days' notice of any requirement under this section, and
    (b) must, if so required, produce documents identifying himself.
      (5) A person who without reasonable excuse fails to comply with a requirement of an authorised officer under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
      (6) Any expenses incurred by the Authority in connection with proceedings for an offence under subsection (5) alleged to have been committed in relation to an inspection of licensed premises are, so far as not recovered from any other source, recoverable from the responsible person.
      (7) In carrying out an inspection under this section an authorised officer shall have regard to any guidance issued by the Secretary of State.
      (8) This section is without prejudice to the generality of the power under section 6(6).
Inspection reports.     14. - (1) Where the Authority has carried out an inspection of any licensed premises under section 13 it shall issue a report.
      (2) The Authority shall send a copy of a report to-
    (a) the person responsible for the premises concerned, and
    (b) the Secretary of State.
      (3) A report issued under this section shall be available for inspection by any person free of charge at-
    (a) the principal offices of the Authority, and
    (b) any other premises which the Authority considers appropriate,
  at all reasonable times.
      (4) Any person shall be entitled to a copy of a report on payment of such reasonable fee as the Authority may determine.
Offences by bodies corporate.     15. - (1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body corporate, or any person purporting to act in that capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
      (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Service of documents.     16. - (1) Any notice or other document required or authorised by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.
      (2) Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
      (3) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person-
    (a) in the case of a secretary or clerk of a body corporate, shall be that of the registered office or principal office of that body,
    (b) in the case of a partner of a firm shall be that of the principal office of the firm, and
    (c) in any other case shall be the last known address of the person to be served.
Financial provision.     17. - (1) Any expenses of the Secretary of State under this Act shall be paid out of money provided by Parliament.
      (2) Any fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
Interpretation.     18. In this Act-
    "healthcare services" has the meaning given in section 4(2); and
    "specified treatment" means a medical or surgical treatment specified by the Secretary of State in regulations made under section 6.
Short title, commencement and extent.     19. - (1) This Act may be cited as the Healthcare Services Act 2000.
      (2) The preceding sections of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
      (3) This Act extends to England and Wales only.
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Prepared 14 December 1999