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Amendments to the Health Bill

Health Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 14th March 2006, as follows—

Clauses 4 to 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 55
Schedule 3
Clause 56
Schedule 4
Clause 57
Schedule 5
Clauses 58 and 59
Schedule 6
Clauses 60 to 68
Schedule 7
Clauses 69 to 79
Schedules 8 and 9
Clauses 80 to 83

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 4

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE EARL HOWE

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

26[Re-tabled as amendment 27A]
 

THE EARL HOWE

27Page 3, line 38, after "vehicles" insert "(other than vehicles being used solely for private purposes)"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE LORD MONSON

27APage 3, line 38, at end insert—
"(   )  The power to make regulations under subsection (1) is not exercisable so as to specify any description of vehicle that—
(a)  is not used or is not being used for business purposes;
(b)  is hired for private use; or
(c)  is used for business purposes by only one person at any one time."
 

THE EARL HOWE
THE LORD MONSON

28Page 3, line 44, at end insert—
"(   )  Subject to prescribed conditions, regulations under subsection (1) may provide that where a vehicle is being used by no more than one person at a time, even if it is a place of work, it is not smoke-free."
29Page 4, line 33, after "including" insert "in particular"
30Page 4, line 33, after "train," insert "car, bus, coach,"
31Page 4, line 33, leave out "vessel,"
32Page 4, line 34, leave out "aircraft"
 

THE EARL HOWE
THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE EARL HOWE

33Page 4, line 45, leave out "or descriptions of person" and insert "specified or persons of a description"
34Page 5, line 24, leave out from "exceeding" to end of line 25 and insert "level 2 on the standard scale"
 

THE EARL HOWE
THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

After Clause 6

 

THE EARL HOWE

35Insert the following new Clause—
  "Duration of section 6
(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."
 

Clause 7

 

THE EARL HOWE
THE LORD MONSON

36Page 6, line 2, leave out from "exceeding" to end of line 3 and insert "level 1 on the standard scale"
37Page 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.
 

Clause 8

 

THE EARL HOWE

38Page 6, line 6, leave out "there" and insert "therein"
39Page 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."
40Page 6, line 11, leave out "or descriptions of person" and insert "specified or persons of a description"
41Page 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
THE LORD MONSON

42Page 6, line 28, leave out from "exceeding" to end of line 29 and insert "level 1 on the standard scale"
 

THE EARL HOWE

43Page 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.
 

Clause 9

 

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.
 

Schedule 1

 

THE EARL HOWE

44Page 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.
 

Clause 10

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

45Page 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."
 

THE EARL HOWE

46Page 7, line 3, after "authority" insert ", having consulted such persons as it considers appropriate,"
47Page 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.
 

Schedule 2

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

48Page 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.
 

Clause 11

 

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.
 

Clause 12

 

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.
 

After Clause 12

 

THE LORD FAULKNER OF WORCESTER

49Insert 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."
 

Before Clause 13

 

THE LORD PALMER

50Insert 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—
(a)  cigarettes,
(b)  cigars,
(c)  hand-rolling tobacco, and
(d)  other smoking tobacco and chewing tobacco."
 

Clause 13

 

THE EARL HOWE
THE LORD MONSON

51Page 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.
 

Clause 14

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

52Page 9, line 16, at end insert "; and
    (   )  non-NHS providers of health care"
 

THE LORD WARNER

52APage 9, line 27, at end insert "or of being made susceptible, or more susceptible, to them"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

53Page 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."
 

THE EARL HOWE

54Page 9, line 31, at end insert—
    "(   )  In subsection (4) "health care" includes the management of health care."
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

55Page 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."
 

THE EARL HOWE

56Page 10, line 1, leave out "to which an individual may be exposed" and insert "by organisms liable to infect an individual"
 

THE LORD WARNER

56APage 10, line 2, after "exposed" insert "or made susceptible (or more susceptible)"
56BPage 10, line 5, after "infection" insert ", or of susceptibility or increased susceptibility to it,"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

57Page 10, line 16, at end insert "which must include the Healthcare Commission"
58Page 10, line 16, at end insert ", and
    (   )  furnish additional guidance on best practice"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.

 
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8 May 2006