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Health and Social Care Bill


Health and Social Care Bill
Part 3 — Public health protection

78

 

(a)   

a Part 2A order imposes a requirement that a person be

detained or kept in isolation or quarantine in a place, and

(b)   

the person leaves that place contrary to the requirement.

(5)   

A constable may take the person into custody and return the person to

that place.

5

(6)   

But a person may not be taken into custody under subsection (5) after

expiry of the period for which the requirement is in force.

Regulations under Part 2A: general

45P     

General provision about regulations

(1)   

A power to make regulations under this Part is exercisable by statutory

10

instrument.

(2)   

A power to make regulations under this Part includes power to make

different provision for different cases or different areas.

45Q     

Parliamentary control

(1)   

An instrument containing regulations under this Part, except one to

15

which subsection (4) applies, is subject to annulment—

(a)   

in the case of English regulations, in pursuance of a resolution

of either House of Parliament,

(b)   

in the case of Welsh regulations, in pursuance of a resolution of

the National Assembly for Wales.

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(2)   

Subject to subsection (3), subsection (4) applies to an instrument

containing (whether alone or with other provisions)—

(a)   

regulations under section 45C,

(b)   

regulations which amend an enactment pursuant to section

45F(3),

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(c)   

the first regulations to be made under section 45G(7), or

(d)   

the first regulations to be made under section 45N.

(3)   

Subsection (4) does not apply by virtue of subsection (2)(a) if the

instrument contains a declaration that the person making it is of the

opinion that the instrument does not contain any provision made by

30

virtue of section 45C(3)(c) which imposes or enables the imposition

of—

(a)   

a special restriction or requirement, or

(b)   

any other restriction or requirement which has or would have a

significant effect on a person’s rights.

35

(4)   

Subject to section 45R, an instrument to which this subsection applies

may not be made unless—

(a)   

in the case of English regulations, a draft of the instrument has

been laid before, and approved by a resolution of, each House

of Parliament,

40

(b)   

in the case of Welsh regulations, a draft of the instrument has

been laid before, and approved by a resolution of, the National

Assembly for Wales.

 
 

Health and Social Care Bill
Part 3 — Public health protection

79

 

(5)   

If an instrument, or a draft of an instrument, containing regulations

under section 45B or 45C would, apart from this subsection, be treated

for the purposes of the Standing Orders of either House of Parliament

as a hybrid instrument, it is to proceed in that House as if it were not

such an instrument.

5

(6)   

In this section—

“English regulations” means regulations made by the Secretary of

State;

“Welsh regulations” means regulations made by the Welsh

Ministers.

10

45R     

Emergency procedure

(1)   

This section applies to an instrument to which subsection (4) of section

45Q applies by virtue of subsection (2)(a) or (b) of that section.

(2)   

The instrument may be made without a draft having been laid and

approved as mentioned in subsection (4) of that section if the

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instrument contains a declaration that the person making it is of the

opinion that, by reason of urgency, it is necessary to make the order

without a draft being so laid and approved.

(3)   

After an instrument is made in accordance with subsection (2), it must

be laid—

20

(a)   

in the case of English regulations, before each House of

Parliament;

(b)   

in the case of Welsh regulations, before the National Assembly

for Wales.

(4)   

Regulations contained in an instrument made in accordance with

25

subsection (2) cease to have effect at the end of the period of 28 days

beginning with the day on which the instrument is made unless, during

that period, the instrument is approved—

(a)   

in the case of English regulations, by a resolution of each House

of Parliament;

30

(b)   

in the case of Welsh regulations, by a resolution of the National

Assembly for Wales.

(5)   

But if on any day during that period, on proceedings on a motion that

(or to the effect that) the instrument be so approved, either House of

Parliament or, as the case may be, the National Assembly for Wales

35

comes to a decision rejecting the instrument, the regulations cease to

have effect at the end of that day instead.

(6)   

In reckoning any such period of 28 days, no account is to be taken—

(a)   

in the case of English regulations, of any time during which

Parliament is prorogued or dissolved or during which both

40

Houses are adjourned for more than 4 days;

(b)   

in the case of Welsh regulations, of any time during which the

National Assembly for Wales is dissolved or is in recess for

more than 4 days.

(7)   

Subsections (4) and (5) do not—

45

(a)   

affect anything done in reliance on the regulations before they

ceased to have effect, or

 
 

Health and Social Care Bill
Part 3 — Public health protection

80

 

(b)   

prevent the making of new regulations.

(8)   

In this section “English regulations” and “Welsh regulations” have the

same meaning as in section 45Q.

General

45S     

Application to territorial sea

5

The provisions of this Part have effect in relation to the territorial sea

adjacent to England or Wales.

45T     

Part 2A: further definitions

(1)   

This Part is to be read in accordance with this section.

(2)   

“Enactment” means an enactment whenever passed or made, and

10

includes an enactment comprised in subordinate legislation (within the

meaning of the Interpretation Act 1978).

(3)   

“Medical examination” includes microbiological, radiological and

toxicological tests.

(4)   

“Special restriction or requirement” has the meaning given by section

15

45C(6).

(5)   

“Thing” includes—

(a)   

human tissue,

(b)   

a dead body or human remains,

(c)   

animals, and

20

(d)   

plant material.

(6)   

“The appropriate Minister” means—

(a)   

the Secretary of State, as respects England (including the sea

adjacent to England out as far as the seaward boundary of the

territorial sea);

25

(b)   

the Welsh Ministers, as respects Wales (including the sea

adjacent to Wales out as far as that boundary).

(7)   

An order made under section 158(3) of the Government of Wales Act

2006 (orders to determine boundary of the sea adjacent to Wales)

applies for the purposes of subsection (6) as it applies for the purposes

30

of that Act.

(8)   

Any reference to amending an enactment includes a reference to

repealing, revoking or modifying the application of an enactment, and

“amendment” is to be read accordingly.

(9)   

Any reference to giving effect to an international agreement or

35

arrangement includes a reference to giving effect to a recommendation

issued under such an agreement or arrangement.”

125     

Further amendments relating to public health protection

(1)   

Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is

superseded by the new Part 2A inserted by section 124) ceases to have effect.

40

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

81

 

(2)   

Schedule 11 (which contains further amendments of that Act and other Acts)

has effect.

Part 4

Health in pregnancy grant

England, Wales and Scotland

5

126     

Entitlement: Great Britain

After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4)

insert—

“Part 8A

Health in pregnancy grant

10

140A    

Entitlement

(1)   

A woman who satisfies prescribed conditions in relation to a pregnancy

of hers is entitled to payment of a lump sum (to be known as “health in

pregnancy grant”).

(2)   

A condition prescribed under subsection (1) may, in particular, require

15

a woman to have reached a specified stage of her pregnancy.

(3)   

A woman is not entitled to health in pregnancy grant unless—

(a)   

she has received advice on matters relating to maternal health

from a health professional;

(b)   

she is in Great Britain at the time she makes a claim for the grant

20

in accordance with the Administration Act.

(4)   

Circumstances may be prescribed in which a woman is to be treated for

the purposes of subsection (3)(b) as being, or as not being, in Great

Britain.

(5)   

In this section—

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“health professional” has such meaning as may be prescribed,

“prescribed” means prescribed by regulations, and

“woman” means a female of any age.

(6)   

The power to make regulations under this section is exercisable by the

Treasury.

30

140B    

Amount

(1)   

Health in pregnancy grant is to be of an amount prescribed by

regulations made by the Treasury.

(2)   

Different amounts may be prescribed in relation to different cases.”

127     

Administration: Great Britain

35

(1)   

In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

82

 

payments regulations), in subsection (2), after paragraph (f), insert—

“(fa)   

health in pregnancy grant;”.

(2)   

The power to make regulations under that section in relation to health in

pregnancy grant is exercisable by the Commissioners for Her Majesty’s

Revenue and Customs.

5

(3)   

After section 12 of that Act insert—

“Health in pregnancy grant

12A     

Necessity of application for health in pregnancy grant

(1)   

No person is entitled to health in pregnancy grant unless she claims it

in the manner, and within the time, prescribed in relation to health in

10

pregnancy grant by regulations under section 5.

(2)   

No person is entitled to health in pregnancy grant unless subsection (3)

or (4) is satisfied in relation to her.

(3)   

This subsection is satisfied in relation to a person if her claim for health

in pregnancy grant is accompanied by—

15

(a)   

a statement of her national insurance number and information

or evidence establishing that that number has been allocated to

her; or

(b)   

information or evidence enabling the national insurance

number that has been allocated to her to be ascertained.

20

(4)   

This subsection is satisfied in relation to a person if she makes an

application for a national insurance number to be allocated to her

which is accompanied by information or evidence enabling a national

insurance number to be allocated to her.

(5)   

The Commissioners for Her Majesty’s Revenue and Customs may by

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regulations make provision disapplying subsection (2) in the case of

prescribed descriptions of persons making a claim.”

(4)   

In section 71 of that Act (benefits in relation to which overpayments may be

recovered), in subsection (11), after paragraph (e), insert—

“(ea)   

health in pregnancy grant; and”.

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(5)   

In the application of that section in relation to health in pregnancy grant,

references to the Secretary of State are to be read as references to the

Commissioners for Her Majesty’s Revenue and Customs.

(6)   

In section 121E of that Act (supply of information by Her Majesty’s Revenue

and Customs), in subsection (1), after “contributions,” insert “health in

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pregnancy grant,”.

(7)   

In section 121F of that Act (supply of information to Her Majesty’s Revenue

and Customs), in subsection (2), after “contributions,” insert “health in

pregnancy grant,”.

(8)   

Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and

40

appeals) is to have effect as if health in pregnancy grant were a relevant benefit

for the purposes of that Chapter; and the functions of the Secretary of State

under that Act are, in relation to that grant, exercisable by the Commissioners

for Her Majesty’s Revenue and Customs.

 
 

 
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