Healthcare Services Bill [H.L.] - continued        House of Lords
Licensing of premises - continued

back to previous text
 
Power of Secretary of State to require conditions in licences.     7. - (1) The Secretary of State may, by order, direct the Authority to include in any licence to admit patients to any specified premises a condition imposing requirements as respects the treatment of patients at the premises; and it shall be the duty of the Authority to comply with the direction.
 
      (2) The requirements imposed by a condition in pursuance of this section may relate to the treatment to be provided at, or the arrangements to be made as respects to patients admitted to, the premises.
 
      (3) A direction may require the Authority to include the condition in the licence when granting it or by way of varying the conditions of a licence.
 
      (4) Before giving a direction under this section in relation to any premises the Secretary of State shall consult the Authority which may, if it thinks fit, make recommendations to him.
 
      (5) The power to make an order containing a direction under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Licences to admit patients: revocation and suspension.     8. - (1) The Authority may, subject to subsections (2), (3) and (4), at any time, by notice in writing to the holder of the licence to admit patients, revoke the licence or suspend the licence indefinitely or for such period as the Authority considers appropriate.
 
      (2) The Authority shall not suspend or revoke a licence under this section unless satisfied that it is necessary to do so having regard to the matters which are relevant for the purposes of this section.
 
      (3) The matters which are relevant for the purposes of this section are-
 
 
    (a) the matters specified in paragraphs (a), (b) and (c) of section 6(10); and
 
    (b) such other considerations as the Secretary of State determines from time to time and notifies to the Authority.
      (4) The Authority shall not revoke or suspend a licence to admit patients without-
 
 
    (a) notifying the licence holder of the proposed revocation or suspension and of the grounds for it;
 
    (b) giving him an opportunity to make representations about the matter within the period of 21 days beginning with the date of the service of the notice; and
 
    (c) taking any representations so made into account in making the decision.
      (5) The Authority may, if satisfied that the urgency of the case so requires, suspend a licence under this section without observing the requirements of subsection (4) but the Authority shall, as soon as is practicable, notify the person to whom the licence was granted of the grounds for the suspension.
 
      (6) A licence suspended under this section shall during the time of suspension be of no effect.
 
      (7) Where a licence has been suspended under this section the person to whom the licence was granted may at any time apply to the Authority to terminate the suspension and the Authority may terminate the suspension if it appears to be appropriate to do so having regard to the relevant matters and after taking into account any representations made by the applicant.
 
 
Codes of practice
Codes of practice.     9. - (1) The Authority shall prepare and issue codes of practice giving practical guidance on the standards which are to be observed-
 
 
    (a) in providing a specified treatment, or a class of specified treatments, and
 
    (b) in making and publicising arrangements for dealing with complaints made by or on behalf of persons who are or have been patients on premises where healthcare services are provided.
      (2) The Authority shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.
 
      (3) In preparing a code of practice the Authority shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
 
      (4) The Authority may not issue a code of practice unless-
 
 
    (a) a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and
 
    (b) 40 days (excluding any period when Parliament is dissolved or prorogued or when either House is adjourned for more than four days) have elapsed without either House resolving not to approve the draft.
      (5) If the Secretary of State does not approve a draft code of practice submitted to him he shall give the Authority a written statement of his reasons.
 
      (6) A code of practice issued by the Authority-
 
 
    (a) shall come into effect on such day as the Secretary of State may by order appoint;
 
    (b) may be revised in whole or in part, and re-issued, by the Authority; and
 
    (c) may be revoked by an order made by the Secretary of State at the request of the Authority.
      (7) Where the Authority proposes to revise a code of practice-
 
 
    (a) it shall comply with subsection (3) in relation to the revisions; and
 
    (b) the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.
      (8) Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under this Act shall be taken into account in determining that question.
 
      (9) The power to make an order under this section is exercisable by statutory instrument.
 
      (10) Nothing in this section affects the Authority's powers apart from this section to give practical guidance on matters connected with its functions.
 
      (11) Section 10 makes further provision in relation to codes of practice under this section.
 
Codes of practice: supplementary.     10. - (1) In preparing or revising a code of practice issued under section 9 the Authority shall have regard to the arrangements made by or on behalf of the Secretary of State under the National Health Service Act 1977-
 
 
    (a) for the provision of the specified treatment or treatments, and
 
    (b) for dealing with complaints made by or on behalf of persons who are or have been patients at a hospital.
      (2) In particular, a code of practice under section 9(1)(a) shall contain guidance on-
 
 
    (a) the appropriate numbers, qualifications and training of clinical and non-clinical staff; and
 
    (b) necessary standards of facilities and equipment.
 
Registration and inspection of licensed premises
The register.     11. - (1) The Authority shall draw up and maintain a register of all premises licensed under section 6.
 
      (2) An entry in the register shall contain particulars of-
 
 
    (a) the specified treatment or treatments, or specified descriptions of such treatments, for which the premises are licensed,
 
    (b) the date of issue of the licence and the period for which it is in force,
 
    (c) any terms and conditions attached to the licence,
 
    (d) any offences committed under section 6(11),
 
    (e) any suspension of the licence under section 8, and
 
    (f) any other matter which the Authority considers appropriate.
      (3) The Secretary of State may direct the Authority to include in the register such other information relating to the licence as he considers appropriate; and it shall be the duty of the Authority to comply with the direction.
 
      (4) Before giving a direction under this section in relation to any premises the Secretary of State shall consult the Authority which may, if it thinks fit, make recommendations to him.
 
Inspection and publication of the register.     12. - (1) The register kept by the Authority under section 11 shall be available for inspection by any person free of charge at-
 
 
    (a) the principal offices of the Authority, and
 
    (b) any other premises which the Authority considers appropriate,
  at all reasonable times.
 
      (2) Any person inspecting the register shall be entitled to make copies of entries in the register on payment of such reasonable fee as the Authority may determine.
 
      (3) The Authority shall publish the register on the Internet.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 14 December 1999