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back to previous amendments
| 35 | Insert the following new Clause— |
| (1) | The provisions of section 6 shall remain in force until three years after their commencement and shall then expire unless continued in force by an order under subsection (2). |
| (2) | The Secretary of State may by order provide— |
| (a) | that all or any of those provisions which are in force shall continue in force for a period not exceeding twelve months from the coming into operation of the order; or |
| (b) | that all or any of those provisions which are for the time being in force shall cease to be in force. |
| (3) | No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament." |
| 36 | Page 6, line 2, leave out from "exceeding" to end of line 3 and insert "level 1 on the standard scale" |
| 37 | Page 6, line 3, at end insert— |
| "( ) | No offence is committed under this section if a person who smokes outside a smoke-free place causes or allows smoke to enter that place." |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
| 38 | Page 6, line 6, leave out "there" and insert "therein" |
| 39 | Page 6, line 6, at end insert— |
| "( ) | A person on whom a duty is imposed under subsection (1) may delegate it to another person, either orally or in writing." |
| 40 | Page 6, line 11, leave out "or descriptions of person" and insert "specified or persons of a description" |
| 41 | Page 6, line 22, at end insert— |
| "( ) | "Other grounds" in subsection (4)(c) may relate to circumstances in which— |
| (a) | a village hall or parish room which is managed on a not-for-profit basis by a body of trustees or a management committee is being used for the purpose of an activity or event involving more than one person; |
| (b) | prior to the activity or event the trustees or management committee (as the case may be) have notified a person who has responsibility for the use of the hall or room, either orally or in writing, that it is smoke-free; |
| (c) | a person smokes in contravention of section 7 during the activity or event; and |
| (d) | no trustee or member of the management committee (as the case may be) has been personally present during the activity or event." |
| | THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY |
| 42 | Page 6, line 28, leave out from "exceeding" to end of line 29 and insert "level 1 on the standard scale" |
| 43 | Page 6, line 28, leave out from "exceeding" to end of line 29 and insert "level 2 on the standard scale" |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. |
| 44 | Page 65, line 29, at end insert— |
| | "Procedure when serving a penalty notice |
| | An authorised officer of an enforcement authority must, when giving a penalty notice to a person, make clear to him the consequences of making a false or misleading statement, as set out in section 11(3)." |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill. |
| | THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY |
| 45 | Page 7, line 3, leave out subsection (1) and insert— |
| "( ) | For the purposes of this Chapter, "enforcement authority" means the local authority for the area in which it has responsibilities." |
| 46 | Page 7, line 3, after "authority" insert ", having consulted such persons as it considers appropriate," |
| 47 | Page 7, line 15, leave out subsection (4) |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| | THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY |
| 48 | Page 67, line 30, leave out paragraphs (c) and (d) |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill. |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill. |
| | THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
| | THE LORD FAULKNER OF WORCESTER |
| 49 | Insert the following new Clause— |
| | "Application to the Crown and Parliament |
| (1) | This Chapter (and any provision made under it) binds the Crown. |
| (2) | This Chapter applies to an act done by or for the purposes of the House of Lords and the House of Commons as it applies to an act done by a private person. |
| (3) | Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted under this Chapter against the House of Lords or the House of Commons." |
| 50 | Insert the following new Clause— |
| | "Sale of tobacco products |
| (1) | It shall be an offence for any person carrying on a retail business to sell tobacco products to any person. |
| (2) | Any person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (3) | In this section "tobacco products" means— |
| (c) | hand-rolling tobacco, and |
| (d) | other smoking tobacco and chewing tobacco." |
| 51 | Page 9, line 1, at end insert "or higher than 18" |
| | THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE LORD PENDRY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill. |
| | THE BARONESS BARKER
THE LORD CLEMENT-JONES |
| 52 | Page 9, line 16, at end insert "; and |
| ( ) | non-NHS providers of health care" |
| 53 | Page 9, line 31, at end insert— |
| "( ) | The code must establish procedures for the systematic recording and reporting of all incidences of health care associated infections acquired in hospital." |
| 54 | Page 9, line 31, at end insert— |
| "( ) | In subsection (4) "health care" includes the management of health care." |
| | THE BARONESS BARKER
THE LORD CLEMENT-JONES |
| 55 | Page 9, line 37, at end insert— |
| "( ) | The code shall require the mandatory reporting of all occurrences of health care associated infections, including details of where the occurrence was first noted and where the likely source of the infection is deemed to be." |
| 56 | Page 10, line 1, leave out "to which an individual may be exposed" and insert "by organisms liable to infect an individual" |
| | THE BARONESS BARKER
THE LORD CLEMENT-JONES |
| 57 | Page 10, line 16, at end insert "which must include the Healthcare Commission" |
| 58 | Page 10, line 16, at end insert ", and |
| ( ) | furnish additional guidance on best practice" |
| | The Earl Howe gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill. |
| 59 | Page 12, line 32, leave out "such period as is" and insert "a reasonable period, such period to be" |
| | THE BARONESS BARKER
THE LORD CLEMENT-JONES |
| 60 | Page 12, line 32, at end insert ", and |
| ( ) | specify what sanctions will be applied if the healthcare body fails to comply with the improvement notice" |
| 61 | Page 12, line 33, leave out "(but need not)" |
| | THE BARONESS BARKER
THE LORD CLEMENT-JONES |
| 62 | Page 12, line 45, at end insert— |
| "( ) | When the Secretary of State is notified of a failure in connection with the code under section 47A, he shall be responsible for the provision of resources necessary for the failing body to comply with the terms of the improvement notice." |
| 63 | Page 14, line 36, at end insert— |
| "( ) | Where the CHAI (being of the view that the relevant provisions of the code are being observed in relation to the provision of healthcare by or for the body) makes a report in accordance with subsection (6), it must, at such intervals as it may consider appropriate, continue to monitor the body in relation to those matters in respect of which the improvement notice was originally served." |
| 64 | Page 15, line 14, after "known" insert "for the purposes of this Chapter" |
| 65 | Page 16, line 14, at end insert— |
| "( ) | recording and, where appropriate, investigating any case in which an individual has prescribed a controlled drug for his own use, or use by a member of his family;" |
| 66 | Page 16, line 35, leave out "a person" and insert "an individual" |
| | The Earl Howe gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill. |
| 67 | Page 17, line 7, leave out "individuals" and insert "persons (see section (Meaning of "relevant person" in section 18))" |
| 68 | Page 17, line 47, at end insert— |
| "( ) | for measures designed to safeguard the confidentiality of patients in appropriate cases" |
| 69 | Page 18, line 22, leave out paragraph (d) |
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