House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Health and Social Care Bill


EIGHTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st April 2008, as follows—

Clauses 122 to 124
Schedule 11
Clauses 125 to 134
Schedule 12
Clauses 135 to 139
Schedule 13
Clauses 140 to 152
Schedule 14
Clauses 153 to 158
Schedule 15
Clauses 159 to 165

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 123

 

EARL HOWE

 

BARONESS CUMBERLEGE

171Page 70, line 36, leave out "or other suitable establishment"
172Page 70, line 37, leave out "isolation or"
 

BARONESS STERN

 

EARL OF ONSLOW

173Page 71, line 3, at end insert—
"(2A)  A justice of the peace may make an order under subsection (2) which involves the detention, isolation or quarantine of P only if the justice is satisfied that no other restriction or requirements which are capable of being imposed under subsection (2) would be capable of reducing or removing the risk to public health."
 

EARL HOWE

 

BARONESS CUMBERLEGE

173A*Page 71, line 9, after first "a" insert "significant"
 

BARONESS STERN

 

EARL OF ONSLOW

174Page 71, line 26, at end insert—
"(7A)  Regulations made under subsection (7) shall include a requirement that the evidence available to the justice of the peace must include objective medical evidence of the necessity for the order."
 

BARONESS BARKER

 

BARONESS TONGE

175Page 71, line 31, at end insert—
"(8A)  All orders made in accordance with subsection (1) shall be centrally reported to an appropriate monitoring body as specified by the Secretary of State."
175APage 71, line 32, leave out "things" and insert "fomites"
175BPage 71, line 33, leave out "A justice of the peace" and insert "An authorised officer"
175CPage 71, line 33, leave out "an order" and insert "a notice"
 

EARL HOWE

 

BARONESS CUMBERLEGE

176Page 71, line 38, after "a" insert "significant"
 

BARONESS BARKER

 

BARONESS TONGE

176APage 71, leave out lines 42 and 43 and insert—
"(2)  The officer may by notice (to be referred to as a "section 45H(2) notice") served on the owner or the persons having custody or control of the thing impose the following restrictions or requirements—"
 

EARL HOWE

 

BARONESS CUMBERLEGE

177Page 71, leave out line 47
 

BARONESS BARKER

 

BARONESS TONGE

177APage 72, leave out lines 1 and 2 and insert—
"(   )  The officer may by notice (to be referred to as a "section 45H(3) notice") require in relation to a thing the matters specified in subsection (4) if he is satisfied that—"
 

EARL HOWE

 

BARONESS CUMBERLEGE

178Page 72, line 6, after first "a" insert "significant"
 

BARONESS BARKER

 

BARONESS TONGE

178APage 72, line 10, leave out "order" and insert "notice"
178BPage 72, line 16, at end insert—
"(4A)  If a magistrates' court is satisfied, on the application of an officer, that the article is infected or contaminated, the court shall, by an order (to be known as the section 45H order) impose the appropriate restrictions or requirements.
(4B)  Such an officer shall not apply for an order unless, at least one day before the date of the application, he has served notice on the owner or the person having custody or control of the thing of his intention to apply for the order.
(4C)  As soon as practicable after the service of a notice, the local authority shall affix a copy of the section 45H(2) notice in a conspicuous position on such premises used for the purposes of storage of the thing as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
(4D)  As soon as practicable after the making of a section 45H order, the local authority shall—
(a)  serve a copy of the order on the owner or the person having custody or control of the thing; and
(b)  affix a copy of the order in a conspicuous position on such premises used for the purposes of storage of the thing as they consider appropriate; and any person who knowingly contravenes such an order shall be guilty of an offence.
(4E)  A section 45H(2) notice shall cease to have effect—
(a)  if no application for a section 45H order is made within the period of three days beginning with the service of the notice, at the end of that period;
(b)  if such an application is so made, on the determination or abandonment of the application.
(4F)  A section 45H(2) notice or order shall cease to have effect on the issue by the authority of a certificate to the effect that they are satisfied that the owner or the person having custody or control of the thing has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the thing.
(4G)  The local authority shall issue a certificate under subsection (4F) within three days of their being satisfied as mentioned in that subsection; and on an application by the owner or the person having custody or control for such a certificate, the authority shall—
(a)  determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
(b)  if they determine that they are not so satisfied, give notice to the owner or the person having custody or control of the reasons for that determination.
(4H)  Where a section 45H(2) notice is served on the owner or the person having custody or control of the thing, the local authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—
(a)  an application for a section 45H order is made within the period of three days beginning with the service of the notice;
(b)  the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the thing at the time when the notice was served; and
(c)  any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration."
178CPage 72, line 28, leave out "a justice of the peace before the justice" and insert "the officer before the officer"
178DPage 72, line 38, leave out "A justice of the peace" and insert "An authorised officer"
178EPage 72, line 38, leave out "an order" and insert "a notice"
 

EARL HOWE

 

BARONESS CUMBERLEGE

179Page 72, line 43, after "a" insert "significant"
 

BARONESS BARKER

 

BARONESS TONGE

179APage 73, leave out lines 1 and 2 and insert—
"(2)  The officer may by notice (to be referred to as a "section 45I(2) notice") served on the owner or any occupier of the premises impose in relation to the premises one or more of the following restrictions or requirements—"
 

EARL HOWE

 

BARONESS CUMBERLEGE

180Page 73, leave out lines 7 and 8
 

BARONESS BARKER

 

BARONESS TONGE

180APage 73, leave out lines 9 and 10 and insert—
"(   )  The officer may by notice (to be referred to as a "section 45I(3) notice") require in relation to premises the matters specified in subsection (4) if he is satisfied that—"
180BPage 73, line 9, leave out "an order" and insert "a notice"
 

EARL HOWE

 

BARONESS CUMBERLEGE

181Page 73, line 16, after first "a" insert "significant"
 

BARONESS BARKER

 

BARONESS TONGE

181APage 73, line 23, at end insert—
"(4A)  If a magistrates' court is satisfied, on the application of such an officer, that the premises is infected or contaminated, the court shall, by an order (to be known as the section 45I order) impose the appropriate restrictions or requirements.
(4B)  Such an officer shall not apply for an order unless, at least one day before the date of the application, he has served notice on the owner or any occupier of the premises of his intention to apply for the order.
(4C)  As soon as practicable after the service of a section 45I(2) notice, the local authority shall affix a copy of the notice in a conspicuous position on the premises as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
(4D)  As soon as practicable after the making of a section 45I order, the local authority shall—
(a)  serve a copy of the order on the owner or any occupier of the premises; and
(b)  affix a copy of the order in a conspicuous position on the premises as they consider appropriate; and any person who knowingly contravenes such an order shall be guilty of an offence.
(4E)  A section 45I(2) notice shall cease to have effect—
(a)  if no application for a section 45I order is made within the period of three days beginning with the service of the notice, at the end of that period;
(b)  if such an application is so made, on the determination or abandonment of the application.
(4F)  A section 45I(2) notice or order shall cease to have effect on the issue by the authority of a certificate to the effect that they are satisfied that the owner or any occupier of the premises has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the premises.
(4G)  The local authority shall issue a certificate under subsection (4F) within three days of their being satisfied as mentioned in that subsection; and on an application by the owner or any occupier of the premises for such a certificate, the authority shall—
(a)  determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
(b)  if they determine that they are not so satisfied, give notice to the owner or any occupier of the premises the reasons for that determination.
(4H)  Where a section 45I(2) notice is served on the owner or any occupier of the premises the local authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—
(a)  an application for a section 45I order is made within the period of three days beginning with the service of the notice;
(b)  the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the premises at the time when the notice was served; and
(c)  any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration."
181BPage 73, line 43, leave out "a justice of the peace before the justice" and insert "the officer before the officer"
 

EARL HOWE

 

BARONESS CUMBERLEGE

182Page 74, leave out lines 27 to 30
 

BARONESS MURPHY

183Page 75, line 2, at end insert—
"(9)  The appropriate local authority shall make such arrangements as it considers reasonable to enable persons, to be known as "independent advocates", to be available to help qualifying persons subject to Part 2A orders."
 

EARL HOWE

 

BARONESS CUMBERLEGE

184Page 75, line 8, after "(1)" insert "or (2)"
185Page 75, line 9, leave out "28" and insert "seven"
 

BARONESS STERN

 

EARL OF ONSLOW

186Page 75, line 9, leave out "28" and insert "14"
187Page 75, line 9, at end insert—
"(3A)  In relation to any other restriction or requirement, the period specified under subsection (1) must not exceed 28 days."
 

EARL HOWE

 

BARONESS CUMBERLEGE

188Page 75, leave out lines 11 to 13
 

BARONESS STERN

 

EARL OF ONSLOW

189Page 75, line 11, leave out from beginning to "the" in line 16
 

BARONESS STERN

190Page 75, line 16, at end insert—
"(5)  The necessity or proportionality of the restrictions or requirements mentioned in section 45G(2)(c) or (d) shall be subject to review by a justice of the peace every 7 days, after the expiry of the initial period of the order."
 

EARL HOWE

 

BARONESS CUMBERLEGE

191Page 75, line 30, at end insert—
"(4A)  A hearing conducted under subsection (4) shall be heard within two working days of the application being made."
192Page 76, line 12, at end insert—
"45MALocal authorities: additional duties
  An application made by a local authority for a Part 2A order, or any decision pursuant to such an application, must be reported by the authority to the Health Protection Agency within 24 hours of the application or decision."
 

LORD DARZI OF DENHAM

193Page 77, line 25, leave out "or"
194Page 77, line 26, at end insert "or
(d)  the first regulations to be made under section 45N."
 

BARONESS STERN

 

EARL OF ONSLOW

195Page 77, line 26, at end insert ", or
(d)  regulations under section 45L(4)."
196Page 77, leave out lines 27 to 34
 

LORD DARZI OF DENHAM

197Page 77, line 43, after "If" insert "an instrument or"
 

BARONESS STERN

 

EARL OF ONSLOW

198Page 78, line 23, leave out "28" and insert "seven"
199Page 78, line 34, at end insert—
"(5A)  If each House of Parliament passes a resolution that an instrument made in accordance with subsection (2) shall have effect with a specified amendment, the instrument shall have effect as amended, with effect from—
(a)  such time, after the passing of the resolutions, as may be specified in them, or
(b)  if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed)."
200Page 78, line 35, leave out "28" and insert "seven"
201Page 78, line 37, leave out from "dissolved" to end of line 38
202Page 78, line 40, leave out from "dissolved" to end of line 41
203Page 78, line 41, at end insert—
"(6A)  The provisions of section 28 of the Civil Contingencies Act 2004 apply to an instrument made in accordance with subsection (2) in like manner as they apply to emergency regulations under that Act."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2008
22 May 2008