《人事条例》和《职员细则》修订款 : 秘书处的报告
This Chapter makes provision for the prohibition of smoking in certain premises, places and vehicles in England which are smoke-free by virtue of this Chapter.
In this Chapter—
“smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance, and
smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.
In this Chapter, “smoke” and other related expressions are to be read in accordance with subsection (2).
Premises in England are smoke-free if they are open to the public. But unless the premises also fall within subsection (2), they are smoke-free only when open to the public.
Premises in England are smoke-free if they are used as a place of work— They are smoke-free all the time.
by more than one person (even if the persons who work there do so at different times, or only intermittently), or
where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).
If only part of the premises is open to the public or (as the case may be) used as a place of work mentioned in subsection (2), the premises are smoke-free only to that extent.
In any case, premises are smoke-free only in those areas which are enclosed or substantially enclosed.
The Secretary of State may specify in regulations what “enclosed” and “substantially enclosed” mean.
Section 3 provides for some premises, or areas of premises, not to be smoke-free despite this section.
Premises are “open to the public” if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.
“Work”, in subsection (2), includes voluntary work.
The Secretary of State may make regulations providing for specified descriptions of premises in England, or specified areas within specified descriptions of premises in England, not to be smoke-free despite section 2.
Descriptions of premises which may be specified under subsection (1) include, in particular, any premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes, and prisons and other places where a person may be detained).
The power to make regulations under subsection (1) is not exercisable so as to specify any description of—
premises in respect of which a premises licence under the Licensing Act 2003 (c. 17) authorising the sale by retail of alcohol for consumption on the premises has effect,
premises in respect of which a club premises certificate (within the meaning of section 60 of that Act) has effect.
But subsection (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in subsection (3), where a person has his home, or is living whether permanently or temporarily.
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—
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
subsection (3) does not prevent the exercise of that power as so extended.
The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are not smoke-free— or any combination of those.
in specified circumstances,
if specified conditions are satisfied, or
at specified times,
The conditions may include conditions requiring the designation in accordance with the regulations, by the person in charge of the premises, of any rooms in which smoking is to be permitted.
For the purposes of subsection (5), the references to a performance—
include, for example, the performance of a play, or a performance given in connection with the making of a film or television programme, and
if the regulations so provide, include a rehearsal.
The Secretary of State may make regulations designating as smoke-free any place in England or description of place in England that is not smoke-free under section 2.
The place, or places falling within the description, need not be enclosed or substantially enclosed.
The Secretary of State may designate a place or description of place under this section only if in the Secretary of State's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.
The regulations may provide for such places, or places falling within the description, to be smoke-free only— or any combination of those.
in specified circumstances,
at specified times,
if specified conditions are satisfied,
in specified areas,
The Secretary of State may make regulations providing for vehicles in England to be smoke-free.
Regulations under this section may in particular make provision—
for the descriptions of vehicle which are to be smoke-free,
for the circumstances in which they are to be smoke-free,
for them to be smoke-free only in specified areas, or except in specified areas,
for exemptions.
Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.
The power to make regulations under this section is not exercisable in relation to—
any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (c. 21) (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c. 59), or
persons on any such ship or hovercraft.
In section 85 of the Merchant Shipping Act 1995, at the end add—
In this Chapter, “vehicle” means every type of vehicle, including train, vessel, aircraft and hovercraft.
It is the duty of any person who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs complying with the requirements of this section are displayed in those premises in accordance with the requirements of this section.
Regulations made by the Secretary of State may provide for a duty corresponding to that mentioned in subsection (1) in relation to— The duty is to be imposed on persons, or on persons of a description, specified in the regulations.
places which are smoke-free by virtue of section 4,
vehicles which are smoke-free by virtue of section 5.
The signs must be displayed in accordance with any requirements contained in regulations made by the Secretary of State.
The signs must conform to any requirements specified in regulations made by the Secretary of State (for example, requirements as to content, size, design, colour, or wording).
A person who fails to comply with the duty in subsection (1), or any corresponding duty in regulations under subsection (2), commits an offence.
It is a defence for a person charged with an offence under subsection (5) to show —
that he did not know, and could not reasonably have been expected to know, that the premises were smoke-free (or, as the case may be, that the place or vehicle was smoke-free), or
that he did not know, and could not reasonably have been expected to know, that no-smoking signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or
that on other grounds it was reasonable for him not to comply with the duty.
If a person charged with an offence under subsection (5) relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
The references in this section, however expressed, to premises, places or vehicles which are smoke-free, are to those premises, places or vehicles so far as they are smoke-free under or by virtue of this Chapter (and references to smoke-free premises include premises which by virtue of regulations under section 3(5) are smoke-free except in relation to performers).
In this section, a “smoke-free place” means any of the following—
premises, so far as they are smoke-free under or by virtue of sections 2 and 3 (including premises which by virtue of regulations under section 3(5) are smoke-free except in relation to performers),
a place, so far as it is smoke-free by virtue of section 4,
a vehicle, so far as it is smoke-free by virtue of section 5.
A person who smokes in a smoke-free place commits an offence.
But a person who smokes in premises which are not smoke-free in relation to performers by virtue of regulations under section 3(5) does not commit an offence if he is such a performer.
It is a defence for a person charged with an offence under subsection (2) to show that he did not know, and could not reasonably have been expected to know, that it was a smoke-free place.
If a person charged with an offence under this section relies on a defence in subsection (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
It is the duty of any person who controls or is concerned in the management of smoke-free premises to cause a person smoking there to stop smoking.
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(5).
Regulations made by the Secretary of State may provide for a duty corresponding to that mentioned in subsection (1) in relation to— The duty is to be imposed on persons, or on persons of a description, specified in the regulations.
places which are smoke-free by virtue of section 4,
vehicles which are smoke-free by virtue of section 5.
A person who fails to comply with the duty in subsection (1), or any corresponding duty in regulations under subsection (3), commits an offence.
It is a defence for a person charged with an offence under subsection (4) to show—
that he took reasonable steps to cause the person in question to stop smoking, or
that he did not know, and could not reasonably have been expected to know, that the person in question was smoking, or
that on other grounds it was reasonable for him not to comply with the duty.
If a person charged with an offence under this section relies on a defence in subsection (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
The references in this section, however expressed, to premises, places or vehicles which are smoke-free, are to those premises, places or vehicles so far as they are smoke-free under or by virtue of this Chapter (and references to smoke-free premises include premises which by virtue of regulations under section 3(5) are smoke-free except in relation to performers).
An authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 6(5) or 7(2) on premises, or in a place or vehicle, in relation to which the authorised officer has functions may give him a penalty notice in respect of the offence.
A penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Chapter.
The Secretary of State may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence.
Schedule 1 makes further provision about fixed penalties.
The Secretary of State may make regulations designating the persons or bodies or descriptions of person or body which are to be enforcement authorities for the purposes of this Chapter.
The regulations—
must specify the descriptions of premises, place or vehicle in relation to which an enforcement authority has enforcement functions,
may provide for a case being dealt with by one enforcement authority to be transferred (or further transferred, or transferred back) to, and taken over by, another enforcement authority.
It is the duty of an enforcement authority to enforce, as respects the premises, places and vehicles in relation to which it has enforcement functions, the provisions of this Chapter and regulations made under it.
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority by subsection (3) is to be discharged instead by the Secretary of State.
In this Chapter, “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by it in writing, either generally or specially, to act in matters arising under this Chapter.
If regulations under this section so provide, no person is to be so authorised unless he has such qualifications as are prescribed by the regulations.
Schedule 2 makes provision about powers of entry, etc.
Any person who intentionally obstructs an authorised officer of an enforcement authority, acting in the exercise of his functions under or by virtue of this Chapter, commits an offence.
Any person who without reasonable cause fails to give to an authorised officer of an enforcement authority, acting in the exercise of his functions under or by virtue of this Chapter, any facilities, assistance or information which the authorised officer reasonably requires of him for the performance of those functions commits an offence.
A person commits an offence if, in purported compliance with any requirement of an authorised officer mentioned in subsection (2)—
he makes a statement which is false or misleading, and
he either knows that it is false or misleading or is reckless as to whether it is false or misleading. “False or misleading” means false or misleading in a material particular.
in relation to Scotland, has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978, and
The Commission is to consist of the following members—
the chairman,
the prescribed number of non-executive members,
the chief executive, and
the prescribed number of executive members.
The executive members are to be appointed by the chairman and the non-executive members of the Commission. The executive members must be— A person may not be appointed as an executive member unless he is recommended for appointment by the chief executive.
The Commission must determine— the chief executive and the executive members. The chief executive or (as the case may be) an executive member must not take part in a discussion or decision in pursuance of sub-paragraph (1) which relates to— If the chief executive or an executive member is a person seconded to the Commission— must be determined by agreement between his employer and the Commission.
The Commission may make such provision as it thinks fit to regulate— Sub-paragraph (1) has effect subject to any directions given by the Secretary of State.
By virtue of this paragraph the property, rights and liabilities (including criminal liabilities) of the NHSAC existing immediately before the appointed day are transferred to the Commission on the appointed day. Anything done by or in relation to the NHSAC which is in effect immediately before the appointed day is to be treated on and after the appointed day as done by or in relation to the Commission. Anything (including any legal proceedings) which— may be continued on and after the appointed day by or in relation to the Commission. Sub-paragraph (1) does not have effect in relation to any rights or liabilities transferred by virtue of paragraph 2(2)(a). Sub-paragraph (2) does not have effect in relation to anything treated as done by or in relation to the Commission by virtue of paragraph 2(2)(b).
On any occasion when both the chairman and the vice-chairman are, for any reason, unable to perform the duties of chairman, the other members of the Commission may appoint one of the non-executive members to act in the place of the chairman.
The validity of any proceedings of the Commission, or any of its committees or sub-committees, is not affected by—
any vacancy in the office of chairman or chief executive or in the membership of the Commission or the committee or sub-committee, or
any defect in the appointment of the chairman or the chief executive or a member of the Commission or the committee or sub-committee.
The Public Bodies (Admission to Meetings) Act 1960 (c. 67) applies to meetings of the Commission.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If a direction of the Secretary of State has effect under section 10(4), this section has effect, in relation to any case or case of a description specified in the direction, as if references to an authorised officer of an enforcement authority were to a person acting on behalf of the Secretary of State.
In this Chapter—
“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to the Dentists Act 1984 (the General Dental Council etc.) is amended as follows. In paragraph 1(5) for “paragraphs 2 and 2A” substitute “ paragraph 2 ”. Omit paragraph 2A.
In section 279(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—
for “or primary dental services” substitute “ , primary dental services or primary ophthalmic services ”,
at the end of paragraph (b) add “ or under a contract under section 117 of the National Health Service Act 2006 entered into by him with a Primary Care Trust, ”.
the period starting on the day the Commission is established and ending with the next 31st March, or
“vehicle” is to be construed in accordance with section 5(5).
The Secretary of State may by order provide for the definition of “premises” in subsection (1) to be read as if a reference to another enactment were substituted for the reference to regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995.
This Chapter—
has effect in relation to the territorial sea adjacent to England as it has effect in relation to England, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following have effect for the purposes of subsection (3) if or in so far as expressed to apply for the general or residual purposes of the Act in question or for the purposes of this section—
an Order in Council under section 126(2) of the Scotland Act 1998 (c. 46),
an order or Order in Council under or by virtue of section 158(3) and (4) of the Government of Wales Act 2006).
The Secretary of State may from time to time by order amend the enactments mentioned in subsection (1B) to—
substitute, in each place where a person’s age is specified, a different age specified in the order; and
provide that the substitutions apply in relation to England only.
But the age specified in an order under subsection (1) or (1A) may not be lower than 16 or higher than 18.
The Welsh Ministers may from time to time by order amend the enactments mentioned in subsection (1B) to—
substitute, in each place where a person’s age is specified, a different age specified in the order, and
provide that the substitutions apply in relation to Wales only.
The enactments are—
section 7 of the Children and Young Persons Act 1933 (sale of tobacco etc to persons under 16),
section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (warning statements in retail premises and on vending machines).
After section 47 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (referred to in this Act as “the 2003 Act”) insert—
Sections 50 to 52 and 54 of the 2003 Act are amended as follows.
In section 50 (annual reviews), for subsection (4) substitute—
In section 51 (reviews: England and Wales), in subsection (4)(a) after “section 46” insert “ and any code of practice issued under section 47A ”.
In section 52 (reviews and investigations: England), for subsection (3) substitute—
For section 52(5) substitute—
In section 54 (functions relating to Secretary of State and Assembly), in subsection (2) after “section 46 or 47” insert “ , or any code of practice issued under section 47A, ”.
After section 53 of the 2003 Act insert—
The relevant authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have prescribed responsibilities in relation to the safe, appropriate and effective management and use of controlled drugs in connection with—
activities carried on by or on behalf of the designated bodies, and
activities carried on by or on behalf of bodies or persons providing services under arrangements made with the designated bodies.
The person who is to be so nominated or appointed by a designated body is to be known as its accountable officer. This is subject to any regulations made by virtue of subsection (5)(e).
In this Chapter “designated body” means—
a body falling within any description of bodies prescribed as designated bodies for the purposes of this section, or
a body prescribed as a designated body for those purposes.
The descriptions of bodies, or bodies, that may be so prescribed are descriptions of bodies, or bodies, appearing to the relevant authority—
to be directly or indirectly concerned with the provision of health care (whether or not for the purposes of the health service), or
to be otherwise carrying on activities that involve, or may involve, the supply or administration of controlled drugs.
Regulations under this section may make provision—
for conditions that must be satisfied in relation to a person if he is to be nominated or appointed by a designated body as the body's accountable officer;
for a single person to be nominated or appointed as the accountable officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters;
requiring a designated body that has an accountable officer to provide the officer with funds and other resources necessary for enabling the officer to discharge his responsibilities as accountable officer for the body;
for ensuring that an accountable officer, in discharging his responsibilities, has regard to best practice in relation to the use of controlled drugs;
for the persons required to be nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed;
for making such amendments of any enactment as appear to the relevant authority to be required in connection with any provision made in pursuance of paragraph (e);
for creating offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale or for creating other procedures for enforcing any provisions of the regulations.
The responsibilities that may be imposed on a designated body's accountable officer by regulations under this section include responsibilities as to the establishment and operation of arrangements for—
securing the safe management and use of controlled drugs;
monitoring and auditing the management and use of such drugs;
ensuring that relevant individuals receive appropriate training and that their training needs are regularly reviewed;
monitoring and assessing the performance of such individuals in connection with the management or use of such drugs;
making periodic inspections of premises used in connection with the management or use of such drugs;
recording, assessing and investigating concerns expressed about incidents that may have involved improper management or use of such drugs;
ensuring that appropriate action is taken for the purpose of protecting patients or members of the public in cases where such concerns appear to be well-founded;
where required by regulations under section 18, the sharing of information.
The arrangements mentioned in subsection (6) may be arrangements established (according to the circumstances)—
by the accountable officer,
by the designated body (or any of the designated bodies) for which he is the accountable officer, or
by a body or person acting on behalf of, or providing services under arrangements made with, the designated body (or any of the designated bodies).
In subsection (6)—
references to the management or use of controlled drugs are to the management or use of drugs in connection with activities carried on by a body or person within subsection (7)(b) or (c), and
“relevant individual” means an individual who, whether as— is engaged in any activity carried on by a body or person within subsection (7)(b) or (c) that involves, or may involve, the management or use of controlled drugs.
a health care professional, or
an employee who is not a health care professional, or
otherwise,
A designated body may confer on its accountable officer such powers as it thinks appropriate to enable him to discharge any of the responsibilities imposed on him as accountable officer for the body by regulations under this section.
Nothing in subsections (5) to (7) is to be read as prejudicing the generality of subsection (1).
In this section “prescribed” means prescribed by regulations under this section.
The relevant authority may by regulations make provision for or in connection with requiring responsible bodies to co-operate with each other in connection with—
the identification of cases in which action may need to be taken in respect of matters arising in relation to the management or use of controlled drugs by relevant persons (see section 19);
the consideration of issues relating to the taking of action in respect of such matters;
the taking of action in respect of such matters.
In this Chapter “responsible body” means—
a body falling within any description of bodies prescribed as responsible bodies for the purposes of this section, or
a body prescribed as a responsible body for those purposes.
The descriptions of bodies, or bodies, that may be so prescribed are—
descriptions of bodies, or bodies, which fall within subsection (4); and
police forces.
Descriptions of bodies, or bodies, fall within this subsection if they appear to the relevant authority—
to be directly or indirectly concerned with the provision of health care (whether or not for the purposes of the health service),
to be otherwise carrying on activities that involve, or may involve, the supply or administration of controlled drugs,
to have powers of inspection in relation to the management or use of controlled drugs,
to be public or local authorities with responsibilities in relation to social care, or
to be public or local authorities (not within paragraphs (a) to (d)) whose responsibilities include responsibilities with respect to matters such as are mentioned in subsection (1).
Regulations under this section may make provision—
for requiring a responsible body to disclose information to any other such body or bodies in prescribed circumstances, or in circumstances where it appears to the responsible body that the prescribed conditions are satisfied, whether or not the disclosure of information has been requested;
in relation to a responsible body which has an accountable officer, for requiring disclosures to be made by or to that officer instead of by or to the body;
in relation to a responsible body which is a police force, for imposing duties on the chief officer;
for requiring a responsible body, in prescribed circumstances, to consult the prescribed accountable officer in connection with any requirement imposed on the body under the regulations;
for imposing duties on accountable officers in relation to the taking of action for the purpose of protecting the safety of patients or the general public.
The duties that may be imposed on an accountable officer in pursuance of subsection (5)(e) include a duty to make recommendations to a responsible body as to any action which the officer considers that the body should take for the purpose mentioned in that provision.
The action that may be so recommended includes action in relation to the institution of disciplinary proceedings.
Nothing in subsections (5) to (7) is to be read as prejudicing the generality of subsection (1).
In this section—
“chief officer” means—
in relation to a police force in England and Wales, the chief officer of police;
in relation to the Police Service of Scotland, the chief constable of that Service;
in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland;
“police force” means—
a police force in England and Wales,
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
the Police Service of Scotland, or
“prescribed” means prescribed by regulations under this section.
In section 18 “relevant person” means—
a person falling within any description of persons prescribed as relevant persons for the purposes of that section, or
an individual to whom subsection (3) applies.
The descriptions of persons that may be prescribed for the purposes of section 18 are descriptions of persons appearing to the relevant authority to be carrying on, or engaged in, activities that involve, or may involve, the supply or administration of controlled drugs.
This subsection applies to an individual who, whether as— is engaged in any activity carried on by a designated body, or by a body or person acting on behalf of, or providing services under arrangements made with, a designated body that involves, or may involve, the management or use of controlled drugs.
a health care professional, or
an employee who is not a health care professional, or
otherwise,
In this section “prescribed” means prescribed by regulations under section 18.
A constable or an authorised person may, for the purpose of securing the safe, appropriate and effective management and use of controlled drugs—
enter any relevant premises;
inspect any precautions taken on the premises for the safe custody of controlled drugs;
inspect any stocks of controlled drugs kept on the premises;
require any relevant records kept on the premises to be produced for his inspection.
The powers conferred by subsection (1) may be exercised only—
at a reasonable hour, and
on production (if required) of the written authority of the person exercising them.
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.
The power conferred by subsection (1)(d) includes power—
to take copies of or extracts from relevant records, and
to take possession of any relevant records kept on the premises and retain them for so long as the person exercising the power considers necessary.
In this section “authorised person” means (subject to subsection (6))— Authorisations given under this subsection may be general or specific.
a person authorised by the relevant authority,
an accountable officer, or
where a designated body is required by regulations under section 17 to nominate or appoint an accountable officer, a member of the staff of the designated body authorised by it.
The accountable officer of a designated body specified, or of a description specified, in directions given by the relevant authority is not an authorised person for the purposes of this section; and such a designated body may not authorise members of its staff under subsection (5)(c).
The relevant authority may by regulations prescribe descriptions of premises which are to be “relevant premises” for the purposes of this section in relation to constables and authorised persons of descriptions prescribed in the regulations.
The descriptions of premises that may be so prescribed are descriptions of premises (or parts thereof) appearing to the relevant authority to be used in connection with—
the provision of health care (whether or not for the purposes of the health service), or
the supply or administration of controlled drugs.
In this Chapter “relevant records” means records kept with respect to controlled drugs in pursuance of regulations under section 10 of the Misuse of Drugs Act 1971 (c. 38).
Directions under subsection (6) are to be given by regulations or in writing; but any such directions which relate to more than one designated body are to be given by regulations.
Directions under subsection (6) given in writing may be varied or revoked by subsequent directions under that subsection.
A person commits an offence if he—
intentionally obstructs a person in the exercise of his powers under section 20(1),
conceals from a person acting under section 20(1) anything which that person is entitled to inspect, or
without reasonable excuse fails to produce any relevant records which a person acting under section 20(1) requires to be produced.
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both.
In the application of this section to Scotland and Northern Ireland, the reference to 12 months in subsection (2)(b) is to be read as a reference to 6 months.
The relevant authority may issue guidance to designated bodies in connection with—
determining whether conditions specified in regulations under section 17 have been satisfied in relation to the nomination or appointment of a person as a designated body's accountable officer;
the discharge by a designated body's accountable officer of any responsibilities imposed on him by regulations under section 17;
the exercise by designated bodies of their powers under section 17(9);
the exercise by designated bodies of their powers under section 20(5)(c).
The relevant authority may issue guidance to responsible bodies in connection with their discharge of any duties imposed on them by regulations under section 18.
Guidance under this section may make different provision for different cases or circumstances.
Designated bodies and responsible bodies must have regard to any guidance under this section in exercising any functions to which the guidance relates.
This Chapter binds the Crown.
No contravention by the Crown of any provision of this Chapter shall make the Crown criminally liable; but the High Court (or, in Scotland, the Court of Session) may declare unlawful any act or omission of the Crown which constitutes such a contravention.
The provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.
This section applies to functions conferred on the relevant authority by this Chapter.
Subject to subsection (4), any functions to which this section applies are exercisable in relation to England by the Secretary of State.
Subject to subsection (4), any functions to which this section applies are exercisable in relation to Wales by the National Assembly for Wales.
Any power of the relevant authority to make regulations under this Chapter is exercisable in relation to cross-border bodies by the Secretary of State after consultation with the Assembly.
A “cross-border body” is a body which—
performs (and only performs) functions in respect of England and Wales, and
does not perform functions mainly in respect of England or mainly in respect of Wales.
Any functions to which this section applies are exercisable in relation to Scotland by the Secretary of State after consultation with the Scottish Ministers.
Any functions to which this section applies are exercisable in relation to Northern Ireland by the Department of Health, Social Services and Public Safety.
In this Chapter—
“body” includes an unincorporated association;
...
in relation to Scotland, has the same meaning as in the National Health Service (Scotland) Act 1978 (c. 29), and
The Commission may appoint such persons to be employees of the Commission as it thinks fit. The Commission may make arrangements for persons to be seconded to the Commission to serve as members of its staff. A period of secondment on the staff of the Commission does not affect the continuity of a person's employment with the employer from whose service he is seconded. References in this Schedule to members of the Commission's staff are to persons who either are employees of the Commission or have been seconded to it to serve as members of its staff.
The application of the Commission's seal must be authenticated by the signature of the chairman or another member of the Commission or any other person authorised by the Commission for the purpose. A document purporting to be duly executed under the seal of the Commission or to be signed on behalf of the Commission is to be— This paragraph does not apply in relation to Scotland.
The Pharmacy Act 1954 has effect subject to the following amendments.
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In Schedule 1 to the Opticians Act 1989 (the General Optical Council) omit paragraph 2A.
In the Schedule to the Osteopaths Act 1993 (the General Osteopathic Council etc.) omit paragraph 11A.
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Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows. In Part 3, in paragraph 43A— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 1 to the Health Professions Order 2001 (the Health Professions Council etc.) omit paragraph 16A.
In Schedule 2 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (the Postgraduate Medical Education and Training Board etc.) omit paragraph 4.
“relevant authority” is to be read in accordance with section 24;
An employee's contract of employment has effect on and after the appointed day as if originally made between him and the Commission. Accordingly— If before the appointed day an employee informs the NHSAC that he does not wish to become an employee of the Commission— An employee is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to him. Nothing in this paragraph affects any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions. But no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless he shows that, in all the circumstances, the change is significant and is to his detriment.
In Schedule 1 to the Medical Act 1983 (the General Medical Council etc.) omit paragraph 4ZA.
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The Health Service Commissioners Act 1993 has effect subject to the following amendments.
In section 43K(1)(ba) of the Employment Rights Act 1996 (extension of meaning of “worker” etc. for Part 4A) at the end add “ or with a Primary Care Trust under section 117 of that Act ”.
In section 2A(1) (health service providers subject to investigation)—
in paragraph (a), for “ or 100” substitute “ , 100 or 117 ”,
in paragraph (b), omit “general ophthalmic services or”.
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Employees of the Commission are to be appointed on such terms and conditions as the Commission determines. Without prejudice to its other powers, the Commission may pay, or make provision for the payment of— to or in respect of its employees.
In section 15 (appointment of additional members to the council of the Pharmaceutical Society of Great Britain) omit subsections (3) and (4).
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in relation to Northern Ireland, has the meaning given by Article 15C of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));
The Commission may, to such extent as it determines, delegate any of its functions to any members of its staff. Any committee of the Commission may, to such extent as the committee determines, delegate any function conferred on it to any of its sub-committees or any member of the Commission's staff. This paragraph is subject to any directions given by the Secretary of State; and sub-paragraph (2) does not apply in relation to decisions falling to be made by the Health and Social Care Appointments Committee in relation to particular appointments.
In Schedule 1 (statutory committee of the Pharmaceutical Society) omit paragraph 3A.
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omit “general ophthalmic services”,
at the end add “and also such arrangements for the provision of primary ophthalmic services for their area if it is in England, or general ophthalmic services for their area if it is in Wales;”.
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in paragraph (a), omit “general ophthalmic or”,
in paragraph (b), for “or primary dental services” substitute “, primary dental services or primary ophthalmic services”.
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in subsection (2)(b), for “or a general dental services contract” substitute “, a general dental services contract or a general ophthalmic services contract”,
in subsection (4)(aa), for “or a general dental services contract” substitute “, a general dental services contract or a general ophthalmic services contract”.
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omit “of every Primary Care Trust and”,
for “ophthalmic opticians” substitute “optometrists”.
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omit paragraph (a),
omit “the Local Optical Committee or”,
omit “, as the case may be,”.
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in paragraph (a) for “ophthalmic opticians” substitute “optometrists”,
in paragraph (d)—
for “or primary dental services” substitute “, primary dental services or primary ophthalmic services”,
for “or a general dental services contract” substitute “, a general dental services contract or a general ophthalmic services contract”.
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“financial year” means a period of 12 months ending with 31st March in any year;
in the definition of “ophthalmic optician”, for ““ophthalmic optician”” substitute ““optometrist””.
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“Welsh health authority” means a Health Authority for an area in, or consisting of, Wales.
“specified”, in relation to regulations, means specified in the regulations,
The penalty is such amount as the Secretary of State may specify in regulations.
The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.
“appointment” is to be read in accordance with subsections (2) and (3);
In this Chapter any reference to the management or use of controlled drugs includes—
the storage, carriage and safe custody of such drugs,
the prescribing and supply of such drugs,
the administration of such drugs,
the recovery of such drugs when no longer needed, and
the disposal of such drugs.
In section 10 of the Medicines Act 1968 (c. 67) (which provides for exemptions for pharmacists in relation to certain dealings with medicinal products), after subsection (7) insert—
In section 52 of that Act (sale or supply of medicines not on general sale list)—
the existing text is to be subsection (1),
after that subsection insert—
For section 70 of the Medicines Act 1968 (pharmacy business carried on by individual pharmacist or by partners) substitute—
In section 78 of the Medicines Act 1968 (c. 67) (restrictions on use of titles, descriptions and emblems), in subsection (7), for the words from “under whose” to the end substitute “ who is in charge of the business at those premises (so far as concerns the retail sale of medicinal products or the supply of such products in circumstances corresponding to retail sale) is also a pharmacist ”.
For section 71 of the Medicines Act 1968 (pharmacy business carried on by body corporate) substitute—
In section 124 of the Medicines Act 1968 (c. 67) (offences by bodies corporate), in subsection (2)(b), for “subsection (1)(a)” substitute “ subsection (4)(b) ”.
In section 72 of the Medicines Act 1968 (representative of pharmacist in case of death or disability), for subsection (2) substitute—
After section 72 of the Medicines Act 1968 (c. 67) insert—
In section 77 of the Medicines Act 1968 (c. 67) (annual return of premises to registrar), omit paragraph (b) and the “and” immediately preceding it.
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In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and Wales)—
in subsection (1), at the beginning insert “ Subject to the provisions of subsection (6C) of this section, ”,
after subsection (6) insert—,
in subsection (9)(a), after “hospital” insert “ (except in relation to so much of the hospital premises as is a registered pharmacy) ”,
in subsection (10), for “(4) to (8)” substitute “ (4) to (6A), (7) and (8) ”.
In section 109 of the Medicines Act 1968 (enforcement in Scotland), in subsection (1), at the beginning insert “ Subject to the provisions of section 108(6C) of this Act as applied by subsection (2) of this section, ”.
In section 110 of the Medicines Act 1968 (enforcement in Northern Ireland)—
in subsection (1), for “subsection (4)” substitute “ subsections (3C) and (4) ”,
after subsection (3) insert—,
in subsection (5)(a), for “and (3)” substitute “ to (3D) ”,
in subsection (5)(b), for “(4) to (8)” substitute “ (4) to (6A), (7) and (8) ”.
In section 129 of the Medicines Act 1968 (c. 67) (orders and regulations), in subsection (5)—
after “power to make” insert “ an order or ”,
after “making the” insert “ order or ”.
In Schedule 3 to the Health Act 1999 (c. 8) (which makes further provision about orders under section 60 of that Act regulating health care professions), omit paragraph 2(2) (which imposes a limitation on amendment of the Medicines Act 1968).
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After section 42 of the 1977 Act insert—
In section 126 of that Act (orders and regulations, and directions), in subsection (4), before “to give directions” insert “or by section 42A or 42B above,”.
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In section 43 of the 1977 Act (persons authorised to provide pharmaceutical services), for subsection (2) substitute—
In section 17S of the National Health Service (Scotland) Act 1978 (c. 29) (eligibility to be contractor under pharmaceutical care services contract), after subsection (1) insert—
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Section 28X of the 1977 Act (persons performing primary medical and dental services) is amended as follows.
After subsection (2) insert—
In subsection (3)(b), for “medical or dental” substitute “medical, dental or ophthalmic”.
After subsection (6) insert—
In the heading, for “medical and dental” substitute “medical, dental and ophthalmic”.
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Section 28Y of the 1977 Act (assistance and support for providers of primary medical and dental services) is amended as follows.
For paragraph (a) of subsection (1) substitute—.
In paragraph (b) of subsection (1), for “such services” substitute “primary medical or dental services”.
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Schedule 12 to the 1977 Act (which makes provision about charges and payments) is amended as follows.
In paragraph 2A(1)—
for paragraph (b) substitute—,
after “paragraph (a), (b)” insert “, (ba)”.
After paragraph 2A insert—
The Secretary of State shall in regulations make transitional provision in respect of persons who, immediately before the coming into force of section 38 of this Act, are providing services in England under section 38 of the National Health Service Act 1977 (general ophthalmic services).
Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a general ophthalmic services contract with him; and the regulations may make provision as to the terms of any such contract.
Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a contract with him, containing such terms as the regulations may specify, for the provision of ophthalmic services.
Regulations under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the Secretary of State or a person appointed by him.
Regulations under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 38 of this Act), but such provision must not as a whole be detrimental to the remuneration of the persons to whom it relates.
In this section, “general ophthalmic services contract” means a contract under section 117 of the 2006 Act.
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This Chapter confers power to require the production of documents in connection with the exercise of—
the appropriate national authority’s counter fraud functions in relation to the health service in England or (as the case may be) Wales, or
the Secretary of State’s security management functions in relation to the health service in England.
The appropriate national authority’s “counter fraud functions” in relation to the health service in England or Wales means that authority’s power (by virtue of section 2(b) of the 1977 Act) to take action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities carried out against or otherwise affecting—
the health service in England or (as the case may be) Wales, or
that authority in relation to the authority’s responsibilities for the health service in England or (as the case may be) Wales.
The Secretary of State’s “security management functions” in relation to the health service in England means the Secretary of State’s power (by virtue of section 2(b) of the 1977 Act) to take action for the purpose of protecting and improving the security of—
persons employed by the Secretary of State or an NHS body in the provision of services for the purposes of the health service in England (“English NHS services”);
health service providers and persons employed by them so far as they or (as the case may be) persons so employed are engaged in any activity directly related to the provision of English NHS services;
NHS contractors and persons employed by them so far as they or (as the case may be) persons so employed are engaged in any activity directly related to the provision of English NHS services;
persons not within paragraphs (a) to (c) who work in any capacity on premises used by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of English NHS services;
persons on such premises—
who are there for the purpose of receiving, or are receiving or have received, treatment or other services as patients, or
who are accompanying persons within sub-paragraph (i);
property and information used or held by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of English NHS services.
In this Chapter— are collectively referred to as functions to which this Chapter applies.
the appropriate national authority’s counter fraud functions in relation to the health service in England or (as the case may be) Wales, and
the Secretary of State’s security management functions in relation to the health service in England,
In this section “investigating” means investigating in relation to civil or criminal proceedings.
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This section applies for the purposes of this Chapter.
Subject to subsection (3), an “NHS body” means—
a Strategic Health Authority,
a Local Health Board,
a Special Health Authority,
a Primary Care Trust,
an NHS trust, or
an NHS foundation trust.
In section 44(3), and in section 46(1) so far as having effect in relation to the Secretary of State’s security management functions referred to in section 44(3), an “NHS body” means—
a Strategic Health Authority,
a Special Health Authority so far as performing functions in respect of England,
a Primary Care Trust,
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England, or
an NHS foundation trust.
A “health service provider” means any person (other than a body within subsection (2)) providing primary medical services, primary dental services, primary or general ophthalmic services, or pharmaceutical services.
An “NHS contractor” means any person (other than a body or person within subsection (2) or (4)) providing services of any description under arrangements made with an NHS body.
A “statutory health body” means any body (other than a body within subsection (2), (4) or (5)) established by or under an enactment and— the health service in either England or Wales or both.
providing services in connection with the provision of, or
exercising functions in relation to,
The appropriate national authority may by order—
make such amendments of any of subsections (2) to (6) as the authority considers appropriate;
make such consequential amendments of this Chapter as the authority considers appropriate.
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This section applies if it appears to the appropriate national authority that there are reasonable grounds for suspecting—
that any documents containing information relevant to the exercise of any of the authority’s functions to which this Chapter applies are in the possession or under the control of any NHS body, statutory health body, health service provider or NHS contractor (“the relevant organisation”), and
that a person within subsection (3) is accountable for the documents.
The appropriate national authority may serve on that person a notice requiring him to produce the documents to an authorised officer.
The persons within this subsection are—
any member, officer or director of the relevant organisation;
any other person who takes part in the management of the affairs of that organisation;
any person employed by that organisation; and
(in the case of a health service provider or NHS contractor who is an individual) that individual.
A notice under this section must specify or describe the documents to which it relates.
Subject to subsections (6) and (7), the notice may require those documents to be produced—
at or by such time as is specified in the notice, or at once, and
at such place, and in such manner, as is so specified.
When specifying a time at or by which the documents are to be produced, the notice must not require them to be produced otherwise than at a reasonable hour.
If the notice requires documents to be produced at once, it may only be served at a reasonable hour.
An authorised officer may, by agreement with the person served with a notice within subsection (6) or (7), vary the notice so as to extend the time for compliance with it.
Any notice under this section, and any variation of such a notice under subsection (8), must be in writing.
For the purposes of this section an individual is “accountable” for any documents if he has either day-to-day, or an overall, responsibility for the custody or control of the documents.
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This section applies where a notice has been served under section 46.
An authorised officer may—
take away any documents produced in compliance with the notice;
take copies of or extracts from any documents so produced;
require the person producing any such documents to provide an explanation of any of them.
If— the officer must, as soon as is reasonably practicable, provide that person with a copy of the document (in such form as the officer considers appropriate).
the officer takes away any such document, and
the person producing it requests the officer to provide him with a copy of it, and
the request appears to the officer to be reasonable in the circumstances,
Documents produced in compliance with a notice under section 46 may be retained for so long as the appropriate national authority considers that it is necessary to retain them (rather than copies of them) in connection with the exercise of any function of the authority to which this Chapter applies.
If the appropriate national authority has reasonable grounds for believing— they may be retained until the proceedings are concluded.
that any such documents may have to be produced for the purposes of any legal proceedings, and
that they might otherwise be unavailable for those purposes,
If a person who is required by a notice under section 46 to produce any documents does not produce the documents in compliance with the notice, an authorised officer may require that person to state, to the best of his knowledge and belief, where they are.
A person is not bound to comply with any requirement imposed by a notice under section 46 or any requirement under subsection (6) unless evidence of authority is given— as the case may be.
at the time when the notice is served, or
at the time when the requirement is imposed under subsection (6),
In addition, a person may not be required under section 46 or subsection (6) to produce any document or disclose any information which he would be entitled to refuse to produce or disclose in proceedings in the High Court on grounds of legal professional privilege.
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The appropriate national authority may direct a Special Health Authority to exercise so much of the appropriate national authority’s functions under sections 46 and 47 as is specified in the directions (“the delegated functions”).
The appropriate national authority may give directions providing for senior officers of the Authority to exercise the delegated functions on behalf of the Authority.
Any directions under subsection (1) or (2) must be given in regulations made by the appropriate national authority.
The appropriate national authority may by regulations make such provision as the authority considers appropriate in connection with the exercise of the delegated functions.
The regulations may, in particular, make provision—
specifying conditions as to training that must be satisfied in relation to officers of the Authority involved in the exercise of the delegated functions;
for requiring officers to obtain specific authorisation before the delegated functions are exercised in relation to personal records;
providing for the designation of officers for the purpose of giving such authorisations;
otherwise prescribing the manner in which the delegated functions may be exercised.
If the appropriate national authority gives a direction under subsection (1), the 1977 Act has effect as if—
the direction is a direction of the authority under section 16D of that Act; and
the delegated functions are exercisable by the Special Health Authority under section 16D.
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The appropriate national authority may issue a code of practice relating to—
the exercise of functions by or on behalf of a Special Health Authority by virtue of directions under section 48;
procedures to be followed in relation to the disclosure (in accordance with sections 50 and 51) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions.
The appropriate national authority must keep the code under review and may from time to time—
revise the whole or any part of the code, and
issue a revised code.
Where the appropriate national authority proposes to issue a code of practice under this section, the authority must—
prepare a draft of the code, and
consult such persons as the authority considers appropriate about the draft.
Where the appropriate national authority proposes to issue a revised code under this section which in the opinion of the authority would result in a substantial change in the code, the authority must—
prepare a draft of the revised code, and
consult such persons as the authority considers appropriate about the change.
Where, following consultation under subsection (3) or (4), the appropriate national authority issues the code or revised code (whether in the form of the draft or with such modifications as the authority thinks fit), it comes into force at the time when it is issued by the authority.
A failure to observe any provision of a code or revised code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
A code or revised code issued under this section is admissible in evidence in any criminal or civil proceedings.
Consultation undertaken by the appropriate national authority before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
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This section applies to information which—
is held by or on behalf of the appropriate national authority, and
was obtained by virtue of section 46 or 47.
The information must not be disclosed except in accordance with subsection (3).
A disclosure is made in accordance with this subsection if it is made—
for the purposes of the exercise of any of the appropriate national authority’s functions in relation to the health service in England or (as the case may be) Wales,
for the purposes of any civil proceedings brought in the exercise of any of those functions,
for the purposes of any criminal investigation or proceedings,
for the purposes of any relevant disciplinary proceedings, or
in accordance with an enactment or order of a court or tribunal.
In subsection (3)—
paragraphs (a) and (b) apply whether or not the appropriate national authority concerned is the one mentioned in subsection (1), and
“relevant disciplinary proceedings” means disciplinary proceedings conducted in relation to an individual by—
an NHS body, statutory health body or health service provider, or
any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (bodies within remit of Council for the Regulation of Health Care Professionals).
Where information to which this section applies is disclosed to any person in accordance with subsection (3), the information must not be used or further disclosed except—
for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or
in accordance with an enactment or order of a court or tribunal.
Information to which this section applies may be disclosed in accordance with subsection (3) despite any obligation of confidence that would otherwise prohibit or restrict the disclosure.
This section does not prohibit any disclosure or use of information relating to a particular person if it is made with the consent of that person.
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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 person (“the discloser”), in accordance with section 50(3), discloses the information for the purposes of any proceedings, and
either—
the identity of the individual in question can be ascertained from the information itself, or
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.
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).
In subsection (2) the reference to further disclosure of the information does not include any such disclosure—
by way of evidence in any proceedings, or
in accordance with an enactment or order of a court or tribunal.
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.
Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless—
the whole of the proceedings are held in private, or
in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).
If, on an application by a party to— 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.
proceedings before a court, or
proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,
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.
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.
In this section “proceedings” means—
criminal or civil proceedings, or
relevant disciplinary proceedings (as defined by section 50(4)).
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A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 46 or 47.
A person guilty of an offence under subsection (1) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 3 on the standard scale,
If a person is convicted of an offence under subsection (1) in respect of a failure to produce a document and the failure continues after the date of his conviction, the person—
commits a further offence, and
is liable on summary conviction to a fine not exceeding 2% of level 3 on the standard scale for each day on which the failure so continues.
A person commits an offence if, in purported compliance with any requirement imposed on him under section 47—
he makes a statement which is false or misleading, and
he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
A person guilty of an offence under subsection (4) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
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A person commits an offence if he fails to comply with section 50(2) or (5) or section 51(2).
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.
It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—
any of the circumstances in subsection (4) applied, or
he reasonably believed that they applied.
The circumstances referred to in subsection (3) are—
that the disclosure was lawful,
that the information had already been lawfully made available to the public,
that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,
that the disclosure was made in a form in which no person to whom the information relates is identified.
Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—
from the information itself, or
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.
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This section provides for the manner in which a notice may be served under section 46.
The notice may be served on a person by—
delivering it to him;
leaving it at his proper address;
sending it by post to him at that address.
For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—
in the case of a notice to be served on the secretary, clerk or similar officer of a body corporate, it is the address of the registered office of that body or its principal office in the United Kingdom,
in the case of a notice to be served on a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership in the United Kingdom, and
in the case of a notice to be served on an officer of an unincorporated association (other than a partnership), it is the address of the principal office of the association in the United Kingdom.
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In this Chapter—
in relation to England and Wales, has the meaning given by section 275 of the 2006 Act,
This paragraph applies if an enforcement authority considers that a penalty notice which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been given. The enforcement authority may give notice to P withdrawing the penalty notice. If it does so—
The chairman and non-executive members are to be appointed by the Secretary of State. Of the non-executive members at least one (but not more than four) must be persons who are also appointed to be health and social care commissioners under paragraph 10. Regulations may—
The members of the Commission may appoint one of the non-executive members to be vice-chairman for such period (not exceeding the remainder of his period of office as member) as they specify on making the appointment. But regulations may—
The Commission may appoint such committees and sub-committees as it thinks appropriate. A committee or sub-committee may consist of or include persons who are not members of the Commission. The Commission— The Commission may make arrangements for the payment of such remuneration and allowances as it thinks fit to any person who— whether or not he is also a member of the Commission. This paragraph is subject to paragraph 10 and to any directions given by the Secretary of State.
“employed” means employed whether under a contract of service or a contract for services or otherwise, and whether for remuneration or not;
Other expressions used in this Chapter which are also used in the 1977 Act have the same meanings as in that Act.
References in this Chapter to the provision of services—
in relation to statutory health bodies, health service providers or NHS contractors, include references to the provision of goods or facilities, and
include references to the provision of services (or goods or facilities) wherever that takes place.
In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.
Where functions of the appropriate national authority are exercisable by a Special Health Authority by virtue of directions under section 48—
references in this Chapter to authorised officers include officers of the Special Health Authority authorised by or on behalf of the Authority to act in exercise of the functions, and
references in this Chapter to information held or disclosed by or on behalf of the appropriate national authority include information held or disclosed by or on behalf of the Special Health Authority.
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For section 98 of the 1977 Act substitute—
After Schedule 12A to that Act insert, as Schedule 12B, the Schedule set out in Schedule 3 to this Act.
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There is to be a body corporate known as the Appointments Commission.
The Commission is to have the functions conferred on it by or under this or any other Act.
Schedule 4 makes further provision about the Commission.
The National Health Service Appointments Commission is abolished on the appointed day.
“The appointed day” means the day appointed under section 83 for the coming into force of subsection (4).
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The Commission is to exercise so much of any function of the Secretary of State relating to the appointment of any persons within subsection (2), (3) or (4) as may be specified in a direction given by the Secretary of State.
The persons within this subsection are—
chairmen and non-executive members of Strategic Health Authorities, Primary Care Trusts, NHS trusts or Special Health Authorities;
trustees for NHS trusts or Primary Care Trusts; and
special trustees to which section 95 of the 1977 Act applies (special trustees for university and teaching hospitals).
The persons within this subsection are chairmen and non-executive members of any of the statutory bodies listed in Schedule 5.
The persons within this subsection are chairmen and non-executive members of any other body (however established) which has functions relating to—
health,
social care, or
the regulation of professions associated with health or social care.
For the purposes of subsection (4) it is immaterial—
that a body has functions relating to matters other than those specified in that subsection, or
that the body’s functions are not exercisable only in relation to England.
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This section applies if a function of the Secretary of State relating to the appointment of any persons within section 58(2), (3) or (4) is exercisable by the Secretary of State jointly or concurrently with—
a devolved authority, or
any other person who is not a Minister of the Crown.
A requirement to exercise the function jointly or concurrently does not prevent the Secretary of State from giving a direction under section 58 in respect of the function, but he must not do so unless he first consults the devolved authority or other person.
If the Secretary of State gives such a direction, so much of the functions of the Secretary of State and the devolved authority or other person as is specified in the direction is exercisable by the Commission acting alone.
Subsections (2) and (3) do not apply if the function is exercisable jointly or concurrently with the Scottish Ministers, but the Secretary of State may nevertheless give a direction under section 58 in respect of the exercise of any function that he has.
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The Commission is to exercise so much of any function of the Privy Council relating to the appointment of members to any of the regulatory bodies listed in Schedule 6 as may be specified in a direction given by the Privy Council.
The Commission is to exercise so much of any function of the Privy Council relating to the appointment of members to the Council of the Royal Pharmaceutical Society of Great Britain as may be specified in a direction given by the Privy Council.
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This section applies where any function is exercisable by the Commission in relation to an appointment by virtue of a direction under section 58, 60 or 61.
Subject to the following provisions of this section, the function is exercisable by the Commission in relation to the appointment in such manner as it thinks fit, having regard to the provisions of any enactment or instrument relating to the making of the appointment (as they have effect in accordance with subsection (3)).
References in any such provisions to things done, or falling to be done, by or in relation to the Secretary of State, the Privy Council or the National Assembly for Wales have effect, so far as necessary in connection with the function being exercisable by the Commission, as references to things done, or falling to be done, by or in relation to the Commission.
The direction mentioned in subsection (1) may contain provisions relating to the manner in which the function is to be exercised.
Those provisions may, in particular, include provisions relating to— in relation to making appointments in exercise of the function.
matters to which the Commission is to have regard,
any criteria to be used, or
the procedure to be followed,
The Commission must take into account any guidance which—
is issued by the Commissioner for Public Appointments or any government department, and
relates to the making of appointments to public bodies.
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The Commission may enter into arrangements under subsection (2) with the board of governors of an NHS foundation trust.
Arrangements under this subsection are arrangements providing for the Commission to assist the board in connection with the exercise of their powers relating to—
the appointment of the chairman and non-executive directors under paragraph 17 of Schedule 1 to the 2003 Act; or
the appointment of the initial chairman and the initial non-executive directors in accordance with paragraph 19 of that Schedule.
The Commission may enter into arrangements under subsection (4) with—
any Minister of the Crown exercising functions in relation to England, or
any officer acting on behalf of such a Minister.
Arrangements under this subsection are arrangements providing for the Commission to assist the Minister or officer in connection with the exercise by him of any power relating to—
the appointment of the chairman of any body specified in the arrangements, or
the appointment of non-executive members of such a body.
For the purposes of subsections (3) and (4) it is immaterial that the body’s functions are not exercisable only in relation to England.
But arrangements may not be entered into under subsection (4) in relation to any powers that are exercisable by a Minister of the Crown jointly or concurrently with, or after consultation with—
a devolved authority, or
any other person who is not a Minister of the Crown.
In this section—
“arrangements” means arrangements, whether contractual or otherwise;
references to assistance in connection with the exercise of any power of appointment do not include the making of any appointment.
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The Commission may provide chairmen and non-executive members of relevant bodies with general advice on matters relating to recruitment, selection, appraisal, training or development and conditions of service (including remuneration).
The Commission may provide persons appointed by it to be chairmen and non-executive members of relevant bodies with mentoring and other assistance in relation to the exercise of their functions.
The Commission may provide chairmen and executive and non-executive members of relevant bodies with training in connection with their respective roles and responsibilities.
Arrangements under section 63(2) or (4) may provide for the Commission to exercise functions corresponding to those in subsection (1), (2) or (3) above in relation to the persons in connection with whose appointments the Commission provides assistance under the arrangements.
In this section “relevant body” means any body in relation to which a direction is in force under section 58 or 60.
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Regulations may make provision for or in connection with conferring functions on the Commission in relation to appointments to applicable bodies and matters relating to such appointments.
The functions which may be so conferred include—
administering schemes relating to the payment, to chairmen and non-executive members of applicable bodies, of remuneration and allowances falling to be determined by the Secretary of State;
publishing or otherwise making available information as to the terms and conditions applying to chairmen and non-executive members of applicable bodies, including information as to such remuneration and allowances;
assisting the Secretary of State in connection with the implementation of decisions as to the payment of such remuneration to such persons;
advising the Secretary of State in connection with the payment of such allowances to such persons;
advising the Secretary of State generally on matters relating to appointments to applicable bodies.
Nothing in subsection (2) is to be read as prejudicing the generality of subsection (1).
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The Commission must exercise its functions—
efficiently and cost-effectively, and
in such a way as to ensure the maintenance of public confidence in the making of appointments to public bodies.
In connection with the exercise of its functions the Commission may—
engage in or commission research;
obtain and analyse data and other information;
make available to any body or person such persons, materials and facilities as it may determine;
provide information, advice and guidance, whether generally or to such bodies or persons as it may determine.
The information, advice and guidance which may be provided as mentioned in subsection (2)(d) includes—
information relating to appointments to applicable bodies, and
advice and guidance on matters relating to appointments to applicable bodies or the governance of such bodies.
The Commission may do anything which it thinks is— the exercise of its functions.
appropriate for facilitating, or
incidental or conducive to,
The power under subsection (4) includes power—
to enter into contracts;
to acquire, and dispose of, land and other property;
to form, or participate in the forming of, companies;
to develop and make available for sale (otherwise than for profit) material for use in connection with appointments to applicable bodies;
to provide accommodation.
The power under subsection (4) is not restricted by subsection (2), but—
so far as it relates to functions conferred on the Commission under section 61, is exercisable subject to directions given by the National Assembly for Wales;
so far as it relates to any other functions of the Commission, is exercisable subject to directions given by the Secretary of State.
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The Commission must prepare in respect of each financial year a report relating to its performance of its functions during that year.
The report must in particular—
set out the practices adopted by the Commission during the year with a view to ensuring equal opportunities,
contain information about complaints made to the Commission during the year, and about how complaints made to the Commission were resolved during the year, and
deal with any such other matters as the Secretary of State may direct.
The Commission must—
send the Secretary of State and the National Assembly for Wales copies of the report as soon as possible after the end of the year, and
publish the report in such manner as the Commission considers appropriate.
The Secretary of State must lay before each House of Parliament a copy of every report sent to him under subsection (3).
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If requested to do so by— the Commission must provide him or it with such a report or information relating to any aspect of the Commission’s performance of its functions as is specified in the request.
the Secretary of State,
the Privy Council,
a government department, or
the Commissioner for Public Appointments,
If requested to do so by the National Assembly for Wales, the Commission must provide it with such a report or information relating to any aspect of the Commission’s performance of its functions under section 61 as is specified in the request.
If requested to do so by a body to which this subsection applies, the Commission must provide the body with such a report or information relating to the Commission’s performance of its functions in relation to the body as is specified in the request.
Subsection (3) applies to any body in relation to which—
functions are exercisable by the Commission by virtue of a direction under section 58, 60 or 61, or
arrangements are in force under section 63.
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Any direction given by the Secretary of State, the Privy Council or the National Assembly for Wales under this Part—
must be given in writing, and
may be varied or revoked by a subsequent such direction.
Where a function of the Secretary of State, the Privy Council or the Assembly is exercisable by the Commission by virtue of a direction under this Part, the direction does not preclude the Secretary of State, the Privy Council or the Assembly (as the case may be) from exercising the function.
Section 126(4) of the 1977 Act (supplementary provisions about subordinate legislation) applies in relation to any power to give directions under this Part as it applies in relation to the powers mentioned in that subsection.
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In this Part—
“the Commission” means the Appointments Commission;
“amendments” includes repeals, revocations and modifications;
In this Part “appointment” includes— and also includes removal or suspension from office.
any process involving an appointment (whether described as re-appointment or replacement or otherwise) including a temporary appointment; and
nomination for appointment;
References in this Part to functions relating to the appointment of a person include functions relating to a person’s tenure of office.
In this Part “applicable body” means—
any body in relation to which a direction may be given under section 58, 60 or 61, and
(except in section 65(2)(a) and (b)) any NHS foundation trust and any body which falls within subsection (5).
A body falls within this subsection if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body’s chairman, or any non-executive member of the body, may be entered into under section 63(4).
In this Part “non-executive members”—
in relation to a body whose members are known as directors, means non-executive directors, and
in relation to a body in the case of which no distinction is made between executive and non-executive members, means members of the body (apart from the chairman).
Each of the following is a “devolved authority” for the purposes of this Part—
the Scottish Ministers,
the National Assembly for Wales, and
any Northern Ireland department.
After section 67 of the Care Standards Act 2000 (c. 14) insert—
In section 153 of the 2003 Act (information contained in certificates relating to recovery of NHS charges in cases of injury requiring NHS services), for subsection (9) substitute—
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In section 8 of the 1977 Act (Strategic Health Authorities and Health Authorities) at the end add—
In section 11 of that Act (Special Health Authorities)—
after subsection (4) insert—, and
in subsection (5) after “an order” insert “as is mentioned in subsection (4) above”.
The liabilities which may be transferred by virtue of sub-paragraph (1) above to a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust or another Primary Care Trust include criminal liabilities.
The liabilities which may be transferred by virtue of sub-paragraph (1) above to another Local Health Board include criminal liabilities.
The liabilities which may be transferred by virtue of sub-paragraph (1) above to any of the bodies mentioned in paragraphs (aa) to (c) of that sub-paragraph include criminal liabilities.
In section 25 of the 2003 Act (dissolution of NHS foundation trusts) after subsection (3) insert—
In section 28 of that Act (supplementary provision about mergers) after subsection (3) insert—
The Secretary of State or the Assembly may by order make such amendments of any enactment as he or it considers appropriate—
in order to reflect the fact that (by virtue of relevant directions) transferred functions may be exercised by Local Health Boards, or
otherwise in consequence of, or in connection with, the abolition of Welsh health authorities effected under section 27(5) of the Government of Wales Act 1998 (c. 38).
Where a transferred function which became exercisable by a Local Health Board by virtue of relevant directions ceases to be so exercisable, the Secretary of State or the Assembly may by order—
substitute for any reference to a Local Health Board in any enactment relating to the function a reference to the Assembly, and
make such amendments of any enactment as he or it considers appropriate in consequence of any such substitution.
No order may be made under subsection (1)(a) in relation to a transferred function on or after the date on which subsection (4) applies to the function.
This subsection applies to a transferred function on the date when either of the following comes into force in relation to the function—
an order made under subsection (1)(b) which amends an enactment so as to provide for the function to be exercisable only by the Assembly, or
an order made under subsection (2).
In this section—
in relation to England and Wales, has the same meaning as in the 2006 Act,
The 2003 Act has effect subject to the following amendments.
In section 61(1) of the Public Audit (Wales) Act 2004 (audit of Welsh NHS bodies) for “section 98(2) of the National Health Service Act 1977 (accounts of NHS bodies)” substitute “paragraph 4(2) of Schedule 12B to the National Health Service Act 1977 (preparation of annual accounts of Welsh NHS bodies)”.
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In section 150(7)(d) (liability to pay NHS charges) for sub-paragraph (ii) substitute—
In section 187 (appointments to certain health and social care bodies) omit subsections (1) to (7), (9) and (10).
Omit section 188 (appointments to certain health and social care bodies: joint functions).
In Schedule 6 (the Commission for Health Care Audit and Inspection: supplementary) paragraph 3 is amended as follows. In sub-paragraph (1)— Omit sub-paragraphs (2), (3), (9), (10), (14) and (15). In sub-paragraph (11)—
In Schedule 7 (the Commission for Social Care Inspection: supplementary) paragraph 3 is amended as follows. In sub-paragraph (1) for “relevant Special Health Authority” substitute “ Secretary of State ”. Omit sub-paragraphs (2) and (6) to (8).
in relation to Scotland, has the meaning given by section 17D(2) of the National Health Service (Scotland) Act 1978 (c. 29), and
Proceedings for the offence in respect of which a penalty notice was given may not be brought before the end of the period for payment of the penalty. Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 14 and 15 to be tried for the alleged offence.
The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.
The chief executive is to be appointed by the chairman and the non-executive members of the Commission. The chief executive must be— Anything authorised or required to be done by the chief executive may be done by any other member of the Commission's staff who is authorised for the purpose by the chief executive (whether generally or specially).
Regulations may make provision as to the terms on which the chairman and non-executive members of the Commission are to be appointed. The regulations may in particular make provision as to— Sub-paragraph (4) applies if— The Secretary of State must—
There is to be a committee of the Commission to be known as the Health and Social Care Appointments Committee. The Committee is to discharge on behalf of the Commission— The Committee is to consist of— The persons so appointed are to be known as “health and social care commissioners”. Regulations may— The provision that may be made in relation to the health and social care commissioners under sub-paragraph (5)(c) includes, in particular, provision as to—
The Commission must keep accounts in such form as the Secretary of State directs. The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State directs. Before the end of the specified period following each financial year the Commission must send a copy of the annual accounts for that year— The Comptroller and Auditor General must— The “specified period” is such period as the Secretary of State directs.
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If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 9(1), no proceedings for the offence may be brought, and paragraph 14 does not apply.
If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 14 does not apply.
If proceedings have been brought pursuant to a request under paragraph 14, but then the penalty or discounted amount is paid as mentioned in paragraph 10 or 11, those proceedings may not be continued.
In any proceedings, a certificate is evidence of the facts which it states if it—
purports to be signed by or on behalf of the person responsible for the financial affairs of the enforcement authority on whose behalf the authorised officer who gave a penalty notice was acting, and
states that payment of the penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate.
“relevant directions” means directions given in regulations made under section 16BB of the National Health Service Act 1977 (c. 49) or section 12 of the National Health Service (Wales) Act 2006;
If an offence committed by a body corporate is proved— the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer, or
to be attributable to any neglect on his part,
In subsection (1) “officer”, in relation to the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
If an offence committed by a partnership is proved— the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on his part,
In subsection (4) “partner” includes a person purporting to act as a partner.
If an offence committed by an unincorporated association (other than a partnership) is proved— the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
to be attributable to any neglect on the part of such an officer or member,
In this section and section 77 “offence” means an offence under any provision of this Act.
Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners).
Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) shall be brought in the name of the association (and not in that of any of its members).
Rules of court relating to the service of documents shall have effect as if the partnership or unincorporated association were a body corporate.
In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 (c. 86) andSchedule 3 to the Magistrates' Courts Act 1980 (c. 43);
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46);
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.
A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.
Subsections (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under section 76(4) or (6).
This section contains transitional modifications in respect of penalties for certain offences committed in England and Wales.
In relation to an offence committed before 2 May 2022, the references in section 21(2)(b) of this Act to periods of imprisonment of the general limit in a magistrates’ court are to be read as references to periods of imprisonment of 6 months.
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Subject to subsection (2), any power to make an order or regulations under this Act is exercisable by statutory instrument.
Any power of the Department of Health, Social Services and Public Safety to make an order or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Any power to make an order or regulations under this Act—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the authority making the order or regulations considers appropriate.
No statutory instrument containing— may be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
regulations under section 3, 4, 5, 6(8), 7(6), 8(7) or 9(1A),
an order under section 13,
regulations under section 17 which amend or repeal any provision of an Act or an Act of the Scottish Parliament,
an order under section 45(7),
an order under section 75 or 80(3) which amends or repeals any provision of an Act or an Act of the Scottish Parliament, or
regulations under paragraph 5, 8 or 17 of Schedule 1,
Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act (other than an order under section 83) is to be subject to annulment in pursuance of a resolution of either House of Parliament.
No statutory instrument containing may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
regulations under section 9(1A),
an order under section 13, or
regulations under paragraph 17 of Schedule 1,
No statutory instrument containing an order under section 80(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament may be made by the Scottish Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
Otherwise, a statutory instrument containing an order under section 80(4) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.
A statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under section 17 which amend or repeal any provision of an Act is to be subject to affirmative resolution within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
Otherwise, a statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under Chapter 1 of Part 3 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Schedule 8 contains minor and consequential amendments.
Schedule 9 makes provision for the repeal and revocation of enactments (including enactments which are spent).
The Secretary of State may by order make— as he considers appropriate for the general purposes, or any particular purposes, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
The Scottish Ministers may by order make— as they consider appropriate for the general purposes, or any particular purposes, of the provisions specified in subsection (5) or in consequence of, or for giving full effect to, any of those provisions.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
Those provisions are—
section 36(2),
so far as extending to Scotland, section 73 and paragraph 55 of Schedule 8.
An order under subsection (4) may not include any provision which would be outside the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
An order under subsection (3) may not include any provision which it would be competent for the Scottish Ministers to make in an order under subsection (4).
An order under subsection (3) or (4) may amend, repeal, revoke or otherwise modify any enactment.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
In this Act—
“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43);
"the 2006 Act" means the National Health Service Act 2006
In this Act “enactment” includes— and references to enactments include enactments passed or made after the passing of this Act.
any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), and
(in sections 17(5)(f) and 80(8)) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation,
Subsection (2) applies except where the context otherwise requires.
The following provisions come into force on the day on which this Act is passed— Subsections (2)(b) and (3) to (6) have effect subject to paragraph (e).
sections 74 and 75,
sections 79, 80(3) to (8), 81 and 82, this section and section 84,
paragraphs 36, 53 and 54 of Schedule 8,
section 80(1) so far as relating to those paragraphs, and
(except for section 36(2)) any other provision of this Act so far as it—
confers power to make an order or regulations, or
defines any expression relevant to the exercise of any such power.
The following provisions come into force on such day as the Scottish Ministers may by order appoint—
section 36(2), and
so far as extending to Scotland—
section 73,
paragraph 55 of Schedule 8, and
section 80(1) so far as relating to that paragraph.
Part 5 comes into force on such day as the Secretary of State, after consulting the National Assembly for Wales, may by order appoint.
The following provisions come into force in relation to Wales on such day as the National Assembly for Wales may by order appoint—
Chapter 1 of Part 1 and sections 76 and 77 so far as relating to offences under that Chapter, and
paragraph 24(a) of Schedule 8 and section 80(1) so far as relating to that paragraph.
The following provisions come into force on such day as the National Assembly for Wales may by order appoint— In this subsection “Welsh NHS body” has the meaning given by paragraph 2 of the Schedule 12B inserted by Schedule 3.
Chapter 1 of Part 3 and sections 76 to 78 so far as relating to the Assembly's functions under that Chapter (see section 24) or to offences committed in relation to those functions,
Chapter 1 of Part 4 so far as relating to the Assembly's functions under sections 42 and 42B of the 1977 Act,
Chapter 3 of Part 4 and sections 76 to 78 so far as relating to the Assembly's counter fraud functions in relation to the health service in Wales (see section 44) or to offences committed in relation to those functions,
section 56, Schedule 3 and paragraph 44 of Schedule 8 so far as relating to Welsh NHS bodies,
paragraphs 43 and 62 of Schedule 8,
so far as relating to Welsh NHS bodies, any provision of Schedule 9 which repeals or revokes an enactment amending or repealing section 98 of the 1977 Act, and
section 80(1) and (2) so far as relating to the provisions in paragraphs (d), (e) and (f).
The following provisions come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint—
Chapter 1 of Part 3 so far as relating to the functions of the Department of Health, Social Services and Public Safety under that Chapter (see section 24), and
sections 76 and 77 so far as relating to offences committed in relation to those functions.
Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.
Different days may be appointed for different provisions, different purposes or different areas.
This Act may be cited as the Health Act 2006.
Subject to subsections (3) and (4), this Act extends to England and Wales only.
The following provisions extend also to Scotland and Northern Ireland—
Chapter 1 of Part 3,
Part 5, and
sections 75, 76, 77, 79 to 83 and this section.
Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.
Section 9
...
A penalty notice must—
state the alleged offence, and
give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it.
If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against him.
A penalty notice must also state— The person mentioned in sub-paragraph (1)(e) and (g) must be the enforcement authority referred to in sub-paragraph (1)(a).
Any request to be tried must be made—
by notice given to the enforcement authority in question before the end of the period for payment of the penalty,
in the manner specified in the penalty notice.
A penalty notice must also—
inform the person to whom it is given of his right to be tried for the alleged offence, and
explain how that right may be exercised.
A penalty notice must be in a form specified in regulations made by the Secretary of State.
A discounted amount is payable instead of the amount specified in regulations under paragraph 5 if payment is made before the end of the period for payment of the discounted amount. That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day. If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending immediately after the first working day following the 15th day. In this paragraph, “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).
The Secretary of State may make— This sub-paragraph applies to— This sub-paragraph applies to any functions exercisable by virtue of a direction under section 58 in relation to— Before deciding the amount of any payment under this paragraph the Secretary of State must take account of any income received by the Commission from any other source. Payments under this paragraph may be made— as the Secretary of State thinks appropriate.
The discounted amount is such amount as the Secretary of State may specify in regulations.
The National Assembly for Wales may make such payments to the Commission as the Assembly thinks appropriate in respect of the performance by the Commission of functions exercisable by virtue of a direction under section 61.
The Secretary of State may make loans to the Commission. A loan under this paragraph may be made on such terms as the Secretary of State thinks appropriate.
The Commission may charge for providing— The amount of any charge is to be fixed in such a way as the Commission considers appropriate for recovering the costs incurred by it in, or in connection with, providing the services in question.
The Secretary of State may by regulations—
amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or
provide for this Schedule to apply with modifications in relation to such notices.
Section 10
In this Schedule—
An authorised officer has the right to do any of the following, on production (if required) of his written authority—
at any reasonable hour, enter any premises (other than premises used only as a private dwelling house not open to the public) which he considers it is necessary for him to enter for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act,
there carry out such inspections and examinations as he considers necessary for that purpose,
if he considers it necessary for that purpose, require the production of any substance or product, and inspect it, and take and retain samples of or extracts from it,
take possession of any substance or product on the premises, and retain it for as long as he considers necessary for that purpose,
require any person to give him such information, or afford him such facilities and assistance, as he considers necessary for that purpose.
An authorised officer may, if he considers it necessary for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act, arrange for any substance, product, sample or extract mentioned in paragraph 2(c) or (d) to be analysed.
An authorised officer may make such purchases and secure the provision of such services as he considers necessary for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act.
A person may not be required under paragraph 2 to give any information which he would be entitled to refuse to give in proceedings in the High Court on grounds of legal professional privilege.
A justice of the peace may exercise the power in sub-paragraph (3) if he is satisfied on sworn information in writing— The matters are— The justice may by warrant signed by him authorise any authorised officer to enter the premises, if need be by force. Such a warrant continues in force until the end of the period of one month beginning with the date on which the justice signs it.
An authorised officer entering any premises by virtue of paragraph 2, or of a warrant under paragraph 6, may take with him such other persons and such equipment as he considers necessary.
If premises which an authorised officer is authorised to enter by a warrant under paragraph 6 are unoccupied, or if the occupier is temporarily absent, then on leaving them that officer must leave the premises as effectively secured against unauthorised entry as he found them.
If by virtue of paragraph 2(d) an authorised officer takes possession of anything, he must leave on the premises from which it was taken a statement giving particulars of what he has taken and stating that he has taken possession of it.
If a direction of the Secretary of State has effect under section 10(4), this Schedule has effect, in relation to any case or case of a description specified in the direction, as if references to an authorised officer were to a person acting on behalf of the Secretary of State.
Section 56
Section 57
Section 58
The Care Quality Commission. ... ... ... ... The General Social Care Council. The Health Protection Agency. The Human Fertilisation and Embryology Authority. The Human Tissue Authority. ... The Independent Regulator of NHS Foundation Trusts. ...
Section 60
The General Chiropractic Council. The General Dental Council. The General Medical Council. The General Optical Council. The General Osteopathic Council. The General Pharmaceutical Council. The Health Professions Council. The Nursing and Midwifery Council.
Section 69
“designated body” has the meaning given by section 17(3);
In this Schedule—
“the health service”—
In section 144(2) of the Government of Wales Act 1998 (accounts, audit and reports) for “the accounts kept in pursuance of section 98(1) of the National Health Service Act 1977 (accounts and audit of NHS bodies)” substitute “ any accounts kept or prepared in pursuance of paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006 (requirement for Welsh NHS bodies to keep accounts or prepare annual accounts) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service Reform and Health Care Professions Act 2002 has effect subject to the following amendments.
In Schedule 1 to the Health Protection Agency Act 2004 (the Health Protection Agency) omit paragraph 2.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the paragraph (fa) inserted by paragraph 74(2)(a) of Schedule 11 to the 2003 Act substitute—,
in subsection (2), for “(1)(fa),” substitute “(1)(fb),”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 7 (the Council for the Regulation of Health Care Professionals) omit paragraph 5.
“the Assembly” means the National Assembly for Wales;
In Schedule 1 to the Chiropractors Act 1994 (the General Chiropractic Council etc.) omit paragraph 11A.
In the Schedule to the Pharmacists (Fitness to Practise) Act 1997 (fitness to practise of registered pharmaceutical chemists) omit paragraph 5.
Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows. In subsection (1) for “section 98(4) of the National Health Service Act 1977 (requirement to prepare summarised accounts)” substitute “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or paragraph 5 of Schedule 9 to the National Health Service (Wales) Act 2006”. In subsection (3) after “subsection (1)” insert “in respect of an NHS body within the meaning of paragraph 1 of Schedule 15 to the National Health Service Act 2006, other than one to which paragraph 1(2)(b) of that Schedule applies,”. For subsection (4) substitute— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and Midwifery Council etc.) omit paragraph 15A.
Nothing in this Schedule affects the validity of anything done by the NHSAC.
Section 80
Section 80 Short title and chapter or title and number Extent of repeal or revocation Pharmacy Act 1954 (c. 61) In section 15, subsections (3) and (4). In Schedule 1, paragraph 3A. Medicines Act 1968 (c. 67) In section 77, paragraph (b) and the “and” immediately preceding it. National Health Service Act 1977 (c. 49) In section 15(1)(a), “general ophthalmic services”. In section 18A(3)(a), “general ophthalmic or”. In section 38(1), “of every Primary Care Trust and”. In section 39, in subsection (1)(a) “by each Primary Care Trust and”; in subsections (1) and (2) “Primary Care Trust or” in each place it occurs; and in subsection (3) “Primary Care Trust or” and “of the Primary Care Trust or”. In section 44(B2), paragraph (a); “the Local Optical Committee or”; and “, as the case may be,”. In section 45A(3), “and” at the end of paragraph (a). In section 49N(4)(b), “(or, in the case of a medical list, to nominate or approve him for inclusion in it)”. In Schedule 12, in paragraph 2A(1), “or” at the end of paragraph (b). Health and Social Services and Social Security Adjudications Act 1983 (c. 41) In Schedule 5, paragraph 3. Medical Act 1983 (c. 54) In Schedule 1, paragraph 4ZA. Dentists Act 1984 (c. 24) In Schedule 1, paragraph 2A. Opticians Act 1989 (c. 44) In Schedule 1, paragraph 2A. National Health Service and Community Care Act 1990 (c. 19) In section 4A(1), “or” at the end of paragraph (a). Section 11(7). Section 20(2). In Schedule 2, paragraph 24. Osteopaths Act 1993 (c. 21) In the Schedule, paragraph 11A. Health Service Commissioners Act 1993 (c. 46) In section 2A(1)(b), “general ophthalmic services or”. In section 6(5), “38, 39,”. Chiropractors Act 1994 (c. 17) In Schedule 1, paragraph 11A. Health Authorities Act 1995 (c. 17) In Schedule 1, paragraph 50. Pharmacists (Fitness to Practise) Act 1997 (c. 19) In the Schedule, paragraph 5. Audit Commission Act 1998 (c. 18) In Schedule 2, paragraphs 1(g) and 1C. Health Act 1999 (c. 8) In Schedule 3, paragraph 2(2). In Schedule 4, paragraph 33. Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90) In Schedule 1, paragraph 13(6). National Health Service Appointments Commission (Establishment and Constitution) Order 2001 (S.I. 2001/793) The whole Order. Nursing and Midwifery Order 2001 (S.I. 2002/253) In Schedule 1, paragraph 15A. Health Professions Order 2001 (S.I. 2002/254) In Schedule 1, paragraph 16A. National Health Service Reform and Health Care Professions Act 2002 (c. 17) Section 35. In Schedule 1, paragraph 29. In Schedule 2, paragraphs 11, 12(3) and (4)(a). In Schedule 5, paragraph 21. In Schedule 6, paragraph 6. In Schedule 7, paragraph 5. Health and Social Care (Community Health and Standards) Act 2003 (c. 43) In section 187, subsections (1) to (7), (9) and (10). Section 188. In Schedule 6, paragraph 3(2), (3), (9), (10), (14) and (15). In Schedule 7, paragraph 3(2) and (6) to (8). In Schedule 11, paragraph 33. In Schedule 12, paragraphs 1, 2(3), 3(2) and (4) and 4 to 8. General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250) In Schedule 2, paragraph 4. Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 (S.I. 2003/1324) The whole Order. Health Protection Agency Act 2004 (c. 17) In Schedule 1, paragraph 2. Public Audit (Wales) Act 2004 (c. 23) In Schedule 2, paragraphs 2 and 38(2). Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004 (S.I. 2004/1714) The whole Order. Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074) Articles 2 and 4. Special Health Authorities (Audit) Order 2006 (S.I. 2006/960) The whole Order.