Health Bill

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Session 2005 - 06
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Health Bill

Health Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health, are published
separately as HL Bill 76—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Warner has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Health Bill are compatible with the Convention
rights.

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Health Bill

HL Bill 76 54/1

Health Bill

Contents
Part 1
Smoking
Chapter 1
Smoke-free premises, places and vehicles
Introduction
1
Introduction
Smoke-free premises, etc.
2
Smoke-free premises
3
Smoke-free premises: exemptions
4
Additional smoke-free places
5
Vehicles
No-smoking signs
6
No-smoking signs
Offences relating to smoking in smoke-free premises, etc.
7
Offence of smoking in smoke-free place
8
Offence of failing to prevent smoking in smoke-free place
Fixed penalties
9
Fixed penalties
Enforcement
10
Enforcement
11
Obstruction etc. of officers

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Interpretation, etc.
12
Interpretation and territorial sea
Chapter 2
Age for sale of tobacco etc
13
Power to amend age for sale of tobacco etc
Part 2
Prevention and Control of Health Care Associated Infections
14
Code of practice relating to health care associated infections
15
Code of practice: effects on existing functions of Commission for Healthcare
Audit and Inspection
16
Code of practice: improvement notices
Part 3
Drugs, Medicines and Pharmacies
Chapter 1
Supervision of management and use of controlled drugs
17
Accountable officers and their responsibilities as to controlled drugs
18
Co-operation between health bodies and other organisations
19
Controlled drugs: power to enter and inspect
20
Offences in connection with power to enter and inspect
21
Guidance
22
Crown application
23
Relevant authorities
24
Interpretation
Chapter 2
Medicines and pharmacies
25
Requirements about supervision
26
Control of pharmacy premises: individuals and partnerships
27
Control of pharmacy premises: bodies corporate
28
Control of pharmacy premises: representative of pharmacist in case of death
or disability
29
The responsible pharmacist
30
Enforcement
31
Order-making powers
32
Orders under s.60 of the Health Act 1999

Health Bill
iii

Part 4
The National Health Service
Chapter 1
Pharmaceutical services
33
Power to charge
34
Applications for provision of pharmaceutical services
35
Arrangements for dispensing of medicines
Chapter 2
Ophthalmic services
36
Provision of primary ophthalmic services
37
General ophthalmic services contracts
38
Persons performing primary ophthalmic services
39
Assistance and support
40
Local Optical Committees
41
Payments in respect of optical appliances
42
General ophthalmic services: transitional
Chapter 3
Protection of NHS from fraud and other unlawful activities
Preliminary
43
Compulsory disclosure of documents for purposes of counter fraud or
security management functions
44
Meaning of “NHS body” etc.
Disclosure notices
45
Notice requiring production of documents
46
Production of documents
47
Delegation of functions
48
Code of practice relating to delegated functions
49
Disclosure of information
50
Special protection for personal records
Offences
51
Offences in connection with production of documents
52
Offences relating to disclosure or use of information
Supplementary
53
Manner in which disclosure notice may be served
54
Interpretation

Health Bill
iv

Chapter 4
Audit
55
Accounts and audit
Part 5
Appointments Commission
The Appointments Commission
56
The Appointments Commission
Delegation of appointment functions
57
Commission to exercise Secretary of State’s appointment functions
58
Cases where appointment functions exercisable jointly etc.
59
Commission to exercise Privy Council’s appointment functions
60
Commission to exercise Assembly’s appointment functions
61
Exercise of appointments functions
Other functions
62
Commission to assist other bodies with appointments
63
Functions connected with appointments to bodies to which section 57 or 59
applies
64
Prescribed functions
Functions: supplementary
65
Exercise of functions
Reports etc.
66
Annual reports
67
Other reports and information
Miscellaneous and supplementary
68
Transfer of staff and property etc.
69
Directions
70
Interpretation
Part 6
Miscellaneous
Social care bursary
71
Exercise by Special Health Authority of social care training functions

Health Bill
v

NHS costs recovery
72
NHS costs recovery
Transfer of criminal liability
73
Transfer of criminal liabilities of certain NHS bodies
Local Health Boards and Welsh health authorities
74
Amendments relating to Local Health Boards and abolition of Welsh health
authorities
Part 7
Final provisions
75
Offences by bodies corporate etc.
76
Offences committed by partnerships and other unincorporated associations
77
Penalties for offences: transitional modification for England and Wales
78
Orders and regulations
79
Amendments, repeals and revocations
80
Expenses
81
Interpretation
82
Commencement
83
Short title and extent
Schedule 1   —
Fixed penalties
Schedule 2   —
Powers of entry, etc.
Schedule 3   —
New Schedule 12B to 1977 Act
Schedule 4   —
The Appointments Commission: supplementary
Schedule 5   —
The Appointments Commission: list of statutory bodies
Schedule 6   —
The Appointments Commission: list of regulatory bodies
Schedule 7   —
Transfer of staff and property etc. to Appointments
Commission
Schedule 8   —
Minor and consequential amendments
Schedule 9   —
Repeals and revocations

© Parliamentary copyright 2006
Revised 16 February 2006