Health Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 18

 

EARL HOWE

41Leave out Clause 18
 

Clause 19

 

LORD BORRIE

42Page 23, line 15, at end insert—
"(   )  No offence is committed under section 7A if—
(a)  the products are displayed at a place where tobacco products are offered for sale,
(b)  the display is that of one packet only of each tobacco product which is offered for sale, and
(c)  the display complies with such requirements as may be specified in regulations."
43Page 23, line 15, at end insert—
"(1A)  No offence is committed under section 7A if—
(a)  the display is in a place where tobacco products are offered for sale,
(b)  the display is on premises, or part of premises, in respect of which a premises licence or club premises certificate has been granted under section 18 (determination of application for premises licence) or 72 (determination of application for club premises certificate) of the Licensing Act 2003 respectively,
(c)  access to the premises, or to part of the premises, is restricted to individuals aged 18 or over (or a higher age) in compliance with conditions subject to which the premises licence or club premises certificate was granted, and
(d)  procedures are in place to check the age of individuals entering the premises who appear to be underage.
(1B)  In subsection (1A)(c), where the relevant condition restricts access to part of the premises only, the display must be in the part to which access is restricted."
 

EARL HOWE

44Page 23, leave out lines 16 and 17
45Page 23, leave out lines 21 to 43
46Leave out Clause 19
 

Clause 20

 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

LORD PATEL

47Page 25, line 3, leave out "may" and insert "shall"
48Page 25, line 4, leave out "or imposing requirements in relation to"
49Page 25, leave out lines 6 to 10
50Page 25, line 12, leave out "or requirement"
51Page 25, line 13, leave out "or requirement"
52Page 25, line 21, at end insert—
"(   )  Before making any regulations under this section, the appropriate national authority shall consult such persons as are likely to be affected by those regulations."
53Page 25, line 43, leave out subsection (2)
 

Clause 21

 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

LORD PATEL

54Page 26, line 12, leave out "may" and insert "shall"
55Page 26, line 12, leave out "or imposing requirements in relation to"
56Page 26, leave out lines 15 to 19
57Page 26, line 21, leave out "or requirement"
58Page 26, line 22, leave out "or requirement"
59Page 26, line 30, at end insert—
"(   )  Before making any regulations under this section, the Department shall consult such persons as are likely to be affected by those regulations."
 

After Clause 22

 

LORD PATEL

60Insert the following new Clause—
  "Plain packaging of tobacco products etc.
(1)  The Secretary of State may make regulations imposing such requirements as he considers necessary prohibiting or restricting the sale or supply of tobacco products otherwise than in packages or packaging which comply with the regulations.
(2)  The regulations made by the Secretary of State in subsection (1) may impose such requirements the Secretary of State considers necessary or expedient with respect to any one or more of the following particulars—
(a)  the colour of the packages or packaging;
(b)  the shape and material of the packages or packaging;
(c)  distinctive marks displayed on the packages or packaging;
(d)  trade marks or registered trade marks displayed on the packages or packaging;
(e)  the labelling in any respect of packages, packaging or tobacco products, or associated with packages, packaging or tobacco products;
(f)  the contents inside the packages or packaging, in addition to tobacco products; and
(g)  any other particulars as may be prescribed by the Secretary of State.
(3)  Regulations made under this section may provide that packages or packaging of any such description, or falling within any such class, as may be specified in the regulations shall not, except in such circumstances (if any) as may be so specified, be of any such colour or shape, or display any such mark or trade mark, or any other particulars as may be so specified.
(4)  No person shall, in the course of a business carried on by him, sell or supply, or have in his posssession for the sale or supply, any tobacco product, package, or packaging in such circumstances as to contravene any requirements imposed by regulations under this section which are applicable to that tobacco product, package, or packaging.
(5)  Any regulations made under this section may provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
(6)  Before making any regulations under this section, the Secretary of State shall consult such persons as are likely to him to be substantially affected by those reguations.
(7)  For the purposes of this Act—
 "package" shall mean the packet, container, wrapping or other receptacle which contains or is to contain the tobacco products;
 "packaging" shall mean all products made of any material to be used for the containment, protection, handling, transporting, delivery, sale and presentation of the packages;
 "tobacco product" shall include cigarettes, cigars and any other product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco, and the expression "cigarettes" includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking, and cigarette papers, tubes and filters;
 "trade mark" and "registered trade mark" shall have the same meaning as in section 1 of the Trade Marks Act 1994 (c. 26).
(8)  Regulations made by the Secretary of State under this section—
(a)  may make different provision for different cases; and
(b)  may contain such incidental supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(9)  The powers of the Secretary of State under this subsection shall be exercisable by statutory instrument which shall be subject to the affirmative resolution procedure."
 

BARONESS NORTHOVER

61Insert the following new Clause—
  "Guidelines for engagement with tobacco industry
(1)  Within two months of the passing of this Act, the Secretary of State shall establish a review of the government's policies on engagement with the tobacco industry.
(2)  This review must assess the extent to which the United Kingdom conforms to Article 5.3 of the World Health Organisation's Framework Convention on Tobacco Control and its accompanying guidelines.
(3)  The Secretary of State must publish any updated policies within six months of the passing of this Act."
 

Schedule 4

 

EARL HOWE

62Page 49, line 14, leave out sub-paragraphs (2) and (3)
63Page 49, line 25, leave out sub-paragraphs (5) and (6)
 

Clause 24

 

EARL HOWE

64Page 27, line 37, at end insert "and that the application would not adversely affect existing primary care services"
65Page 27, line 42, at end insert "and that the application would not adversely affect existing primary care services"
 

After Clause 27

 

LORD PALMER

66Insert the following new Clause—
  "Prescriptions: labelling showing actual cost if over £10
(1)  The National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620) are amended as follows.
(2)  After regulation 11 insert—
"11APrescriptions: labelling showing actual cost
(1)  The packaging of any drugs or appliances supplied in accordance with regulations 3 to 6A and which cost over £10 shall carry a label showing the full retail cost of those drugs or appliances.
(2)  Paragraph (1) applies irrespective of whether—
(a)  there is an exemption from charging under regulation 7 or 7A, or
(b)  a valid exemption certificate under regulation 8 is in force."."
 

LORD CAMPBELL-SAVOURS

67Insert the following new Clause—
  "Reimbursement cost: labelling of prescribed drugs and appliances
(1)  National Health Service (Pharmaceutical Services) Regulations 2005 (S.I. 2005/641) are amended as follows.
(2)  In Schedule 1 (terms of service of pharmacists), after paragraph 10(a)(ii) insert—
"(iii)  by including on the package of any such drugs or appliances a label indicating the NHS reimbursement price of those drugs or appliances"."
 

Schedule 5

 

LORD DUBS

68Page 55, line 13, at end insert—
"(1A)      Unless otherwise prohibited under the terms of another Act, comments made under subsection (1) must be provided to the person who made the complaint and that person must be provided with an opportunity to comment on them."
69Page 57, leave out lines 10 and 11 and insert—
"(5)      The Local Commissioner must send a draft copy of a statement prepared under this section to each of the persons concerned and must provide an opportunity for those persons to comment on it.
(5A)      The Local Commissioner must have regard to any comments on a draft copy of a statement under subsection (5) before preparing a final copy of a statement and sending it to each of the persons concerned."
 

After Clause 32

 

BARONESS MASHAM OF ILTON

 

BARONESS WILKINS

 

LORD CARLILE OF BERRIEW

70Insert the following new Clause—
  "Admission of patients with spinal cord injuries
(1)  The Secretary of State shall by regulations establish a national bed bureau for patients with spinal cord injuries to monitor and manage the availability of hospital beds for patients with spinal cord injuries.
(2)  The bureau must in particular aim to meet the following objectives—
(a)  to provide a single commissioning service across England and Wales for the provision of beds in spinal cord injury centres;
(b)  to work with primary care trusts and hospital trusts to co-ordinate information on the availability of hospital beds for patients with spinal cord injuries within each strategic health authority; and
(c)  to ensure that beds are made available to patients with spinal cord injuries as soon as possible following admission, both when a patient is admitted for the first time and when a patient is urgently readmitted.
(3)  Regulations under this section must stipulate—
(a)  details of how membership of the bureau is to be decided,
(b)  the terms of reference of the bureau,
(c)  the types of information that hospitals must make accessible to the bureau for the purposes of establishing availability of beds,
(d)  details of any pay or remuneration made to members of the bureau,
(e)  any powers which the bureau will have to instruct hospitals to admit patients from outside their usual area.
(4)  At the end of each financial year, the bureau must produce a report for the Secretary of State which outlines how each of the objectives in subsection (2) have been met and which makes recommendations as to how performance in these areas could be improved.
(5)  The Secretary of State must respond in writing to the bureau's report within two months of its reporting.
(6)  Regulations made by the Secretary of State under this section are—
(a)  to be made by statutory instrument, and
(b)  subject to annulment in pursuance of a resolution of either House of Parliament."
 

LORD DUBS

71Insert the following new Clause—
  "Guidance on charges for certain asylum seekers
  After section 175 of the National Health Service Act 2006 (c. 41) insert—
"175AGuidance on charges for certain asylum seekers
(1)  It shall be the duty of the Secretary of State to lay before both Houses of Parliament guidance on charges for failed asylum seekers who cannot be returned to their home country.
(2)  Guidance laid under subsection (1) shall be brought into force by statutory instrument.
(3)  The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) guidance laid under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4)  "Failed asylum seeker" has the same meaning as under section 49 of the Nationality, Immigration and Asylum Act 2002."."
 

EARL HOWE

72Insert the following new Clause—
  "Private health care
(1)  The Health and Social Care (Community Health and Standards) Act 2003 (c. 43) is amended as follows.
(2)  In section 15 (private health care), after subsection (4) insert—
"(4A)  The Secretary of State may by regulations make provision for the regulator to permit exceptions to the restriction mentioned in subsection (2) if it is satisfied that in all the circumstances it is appropriate to do so in the interests of the National Health Service.
(4B)  The regulations may specify conditions upon which such exceptions may be permitted."."

 
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27 April 2009