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Amendments to the Health Bill

Health Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 13th June 2006, as follows—

Clauses 1 to 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 56
Schedule 3
Clause 57
Schedule 4
Clause 58
Schedule 5
Clauses 59 and 60
Schedule 6
Clauses 61 to 69
Schedule 7
Clauses 70 to 80
Schedules 8 and 9
Clauses 81 to 84

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE LORD RUSSELL-JOHNSTON
THE LORD STEEL OF AIKWOOD
THE LORD NASEBY
THE LORD MONSON

1Page 2, line 11, at beginning insert "Except as provided in section (Premises serving food),"
 

After Clause 2

 

THE LORD RUSSELL-JOHNSTON
THE LORD STEEL OF AIKWOOD
THE LORD NASEBY
THE LORD MONSON

2Insert the following new Clause—
  "Premises serving food
  Premises serving food shall not be smoke-free provided that—
(a)  they have clearly signed and physically separated smoking and no-smoking areas;
(b)  any smoking areas have ventilation; and
(c)  no employee is required to work in any smoking area."
 

THE LORD NASEBY
THE LORD MONSON

3Insert the following new Clause—
  "Definitions of "enclosed" and "substantially enclosed"
(1)  For the purposes of section 2—
 "enclosed" means having a ceiling or roof and, except for doors, windows and passageways, being wholly enclosed, whether permanently or temporarily;
 "substantially enclosed" means having a ceiling or roof and, except for doors, windows and passageways, being substantially closed, whether permanently or temporarily.
(2)  In determining whether premises are "substantially enclosed", no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
(3)  Premises shall be taken to be "substantially enclosed" if—
(a)  the opening in the premises has an area, or
(b)  if there is more than one, both or all of those openings have an aggregate area,
 which is less than thirty per cent of the area of the walls, including other structures serving the purposes of walls, which constitute the perimeter of the premises.
(4)  Where an opening is in, or consists of the absence of, such walls or other structures, or a part of them, their area shall be measured for the purposes of subsection (3) as if it included the area of the opening."
 

Clause 3

 

THE LORD WARNER

4Page 3, line 2, leave out "consumption of alcohol" and insert "sale by retail of alcohol for consumption"
 

THE LORD PENDRY
THE LORD LOFTHOUSE OF PONTEFRACT
THE LORD RUSSELL-JOHNSTON
THE LORD PALMER

5Page 3, line 4, leave out paragraph (b)
 

THE LORD WARNER

6Page 3, line 9, at end insert—
"(4A)  For the purpose of making provision for those participating as performers in a performance, or in a performance of a specified description, not to be prevented from smoking if the artistic integrity of the performance makes it appropriate for them to smoke—
(a)  the power in subsection (1) also includes power to provide for specified descriptions of premises or specified areas within such premises not to be smoke-free in relation only to such performers, and
(b)  subsection (3) does not prevent the exercise of that power as so extended."
7Page 3, line 19, at end insert—
"(   )  For the purposes of subsection (4A), the references to a performance—
(a)  include, for example, the performance of a play, or a performance given in connection with the making of a film or television programme, and
(b)  if the regulations so provide, include a rehearsal."
 

Clause 4

 

THE LORD NASEBY

8Page 3, line 25, at end insert—
    "(   )  The power to make regulations under subsection (1) is not exercisable so as to specify any place or description of place where a person has his home, or is living whether permanently or temporarily."
 

THE LORD WARNER

9Page 3, line 27, leave out from "if" to end of line 28 and insert "in the authority's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke."
 

Clause 5

 

THE EARL HOWE

10*Page 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."
 

THE LORD STODDART OF SWINDON
THE LORD MONSON
THE LORD PALMER

11Leave out Clause 5
 

Clause 6

 

THE LORD NASEBY

12Page 4, line 38, leave out from "signs" to "are" in line 39 and insert "comprising the internationally recognised no-smoking symbol"
 

THE EARL HOWE

13*Page 4, line 45, leave out "descriptions of person" and insert "on persons of a description"
 

THE LORD NASEBY

14Page 5, line 3, leave out subsection (4)
 

THE LORD WARNER

15Page 5, line 28, at end insert "(and references to smoke-free premises include premises which by virtue of regulations under section 3(4A) are smoke-free except in relation to performers)"
 

After Clause 6

 

THE EARL HOWE

16*Insert 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 LORD WARNER

17Page 5, line 33, at end insert "(including premises which by virtue of regulations under section 3(4A) are smoke-free except in relation to performers)"
18Page 5, line 36, at end insert—
"(   )  But a person who smokes in premises which are not smoke-free in relation to performers by virtue of regulations under section 3(4A) does not commit an offence if he is such a performer."
 

Clause 8

 

THE LORD WARNER

19Page 6, line 6, at end insert—
"(   )  The reference in subsection (1) to a person smoking does not include a performer in relation to whom the premises are not smoke-free by virtue of regulations under section 3(4A)."
 

THE EARL HOWE

20*Page 6, line 11, leave out "description of person" and insert "on persons of a description"
 

THE LORD WARNER

21Page 6, line 32, at end insert "(and references to smoke-free premises include premises which by virtue of regulations under section 3(4A) are smoke-free except in relation to performers)"
 

Clause 13

 

THE LORD WARNER

22Page 9, line 1, at end insert "or higher than 18"
 

Clause 17

 

THE LORD WARNER

23Page 15, line 20, leave out from first "The" to "appearing" in line 21 and insert "descriptions of bodies, or bodies, that may be so prescribed are descriptions of bodies, or bodies,"
 

Clause 18

 

THE LORD WARNER

24Page 17, line 15, leave out from first "The" to "which" in line 17 and insert "descriptions of bodies, or bodies, that may be so prescribed are—
(a)  descriptions of bodies, or bodies,"
25Page 17, line 19, leave out "Bodies" and insert "Descriptions of bodies, or bodies,"
 

Clause 20

 

THE LORD WARNER

26Page 19, line 9, at end insert—
"(   )  The power conferred by subsection (1)(a) may be exercised by an authorised person to enter relevant premises which are or form part of a private dwelling only if he is accompanied by a constable.
  But this subsection does not apply in such circumstances as may be prescribed by regulations made by the relevant authority."
27Page 19, line 27, leave out "subsection (1)" and insert "this section"
28Page 19, line 30, after "The" insert "descriptions of"
29Page 19, line 30, after "are" insert "descriptions of"
 

Clause 26

 

THE EARL HOWE

30*Page 22, line 16, leave out "may" and insert "shall"
 

Clause 30

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

31*Page 25, line 36, leave out from "time" to end of line 38
 

THE EARL HOWE

32*Page 26, line 12, leave out "qualifications and"
 

Clause 35

 

THE EARL HOWE
THE BARONESS BARKER

33*Page 30, line 39, after "applications" insert "(other than proposals based on price or discount)"
 

Clause 49

 

THE LORD WARNER

34Page 44, line 4, after "to" insert—
"(a)  "
35Page 44, line 6, at end insert—
"(b)  procedures to be followed in relation to the disclosure (in accordance with sections 50 and (Protection of personal information disclosed for purposes of proceedings)) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions."
 

Clause 50

 

THE LORD WARNER

36Page 45, line 5, at end insert "or tribunal"
37Page 45, line 19, leave out from "disclosed" to end of line 24 and insert "except—
(a)  for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or
(b)  in accordance with an enactment or order of a court or tribunal."
 

Clause 51

 

THE LORD WARNER

38Leave out Clause 51 and insert the following new Clause—
  "Protection of personal information disclosed for purposes of proceedings
(1)  Information obtained from personal records produced in compliance with a notice under section 46 is "protected information" for the purposes of this section if—
(a)  a person ("the discloser"), in accordance with section 50(3), discloses the information for the purposes of any proceedings, and
(b)  either—
(i)  the identity of the individual in question can be ascertained from the information itself, or
(ii)  the discloser has reasonable cause to believe that it will be possible for a person who obtains the information as a direct or indirect consequence of the disclosure to ascertain the individual's identity from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.
(2)  The discloser must take all reasonable steps to ensure that, once disclosed by him in accordance with section 50(3), the protected information is not further disclosed to any person who is not someone to whom it is necessary to disclose the information for any purpose connected with the proceedings mentioned in subsection (1)(a).
(3)  In subsection (2) the reference to further disclosure of the information does not include any such disclosure—
(a)  by way of evidence in any proceedings, or
(b)  in accordance with an enactment or order of a court or tribunal.
(4)  The appropriate national authority must make provision, whether in a code of practice issued under section 49 or otherwise, for requiring any person disclosing protected information in accordance with section 50(3) to ensure, by the use of a distinguishing mark or in some other way, that the information is clearly identified as protected information for the purposes of this section.
(5)  Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless—
(a)  the whole of the proceedings are held in private, or
(b)  in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).
(6)  If, on an application by a party to—
(a)  proceedings before a court, or
(b)  proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,
  the court or tribunal is satisfied that it is in the interests of justice for any information that appears to be protected information to be disclosed by way of evidence in the proceedings, it may give permission for the information to be so disclosed, on such terms as it thinks fit.
(7)  When determining such an application, the court or tribunal must consider whether, in the interests of protecting the identity of the individual to whom the information relates, the whole or part of the proceedings should be held in private.
(8)  If the court or tribunal is satisfied that the whole or part of the proceedings should be held in private, it must give such directions, or take such other steps, as appear to it to be appropriate.
(9)  In this section "proceedings" means—
(a)  criminal or civil proceedings, or
(b)  relevant disciplinary proceedings (as defined by section 50(4))."

 
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©Parliamentary copyright 2006
16 June 2006