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Other Bills before Parliament

Health Bill [HL]


Health Bill [HL]
Part 3 — Miscellaneous

24

 

7C      

Displays: prices of tobacco products

(1)   

The appropriate Minister may by regulations make provision imposing

requirements in relation to the display in a place in England and Wales

or Northern Ireland in the course of a business of prices of tobacco

products.

5

(2)   

A person who displays or causes to be displayed prices of tobacco

products in breach of a requirement contained in the regulations is

guilty of an offence.

(3)   

The regulations may, in particular, provide for the meaning of “place”

in this section.

10

(4)   

The regulations may make provision for a display of prices in a place

which also amounts to an advertisement to be treated for the purposes

of offences in England and Wales or Northern Ireland under this Act—

(a)   

as an advertisement and not as a display of prices, or

(b)   

as a display of prices and not as an advertisement.

15

7D      

Displays on a website

(1)   

The Secretary of State may by regulations make provision imposing

requirements in relation to the display in England and Wales or

Northern Ireland in the course of a business of tobacco products or their

prices on a website where tobacco products are offered for sale.

20

(2)   

A person who displays or causes to be displayed tobacco products or

their prices in breach of a requirement contained in the regulations is

guilty of an offence.

(3)   

A service provider established in England and Wales or Northern

Ireland is guilty of an offence if, in the course of providing information

25

society services, the provider does anything in an EEA State other than

the United Kingdom which, if done in England and Wales or Northern

Ireland, would constitute an offence under subsection (2).

(4)   

Nothing in subsection (2) makes it an offence for a service provider

established outside the United Kingdom to do anything in the course of

30

providing information society services.

(5)   

The regulations may make provision for a relevant display of tobacco

products or their prices which also amounts to an advertisement to be

treated for the purposes of offences in England and Wales or Northern

Ireland under this Act—

35

(a)   

as an advertisement and not as a display, or

(b)   

as a display and not as an advertisement.

(6)   

In subsection (5) a “relevant display” means a display on a website

where tobacco products are offered for sale.”

20      

Power to prohibit or restrict sales from vending machines

40

(1)   

After section 3 of the Children and Young Persons (Protection from Tobacco)

 
 

Health Bill [HL]
Part 3 — Miscellaneous

25

 

Act 1991 (c. 23) (sale of unpackaged cigarettes) insert—

“3A     

Sales from vending machines in England and Wales

(1)   

The appropriate national authority may by regulations make provision

prohibiting or imposing requirements in relation to the sale of tobacco

from an automatic machine in England and Wales.

5

(2)   

The regulations may, in particular, impose—

(a)   

requirements as to the location of any automatic machine for the

sale of tobacco;

(b)   

requirements in relation to the design, construction or operation

of such a machine.

10

(3)   

The regulations must make provision as to the persons who are liable

in the case of any breach of a prohibition or requirement.

(4)   

Where a prohibition or requirement contained in the regulations is

breached, any person liable in accordance with the regulations is guilty

of an offence.

15

(5)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(6)   

Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act

2002 (enforcement etc.) apply for the purposes of this section and

regulations made under it as they apply for the purposes of provisions

20

of that Act.

(7)   

The power of the appropriate national authority to make regulations

under this section—

(a)   

is exercisable by statutory instrument,

(b)   

may be exercised to make different provision for different cases

25

or circumstances, and

(c)   

includes power to make supplementary, incidental,

consequential or transitional provision.

(8)   

A statutory instrument containing regulations made under this section

may not be made—

30

(a)   

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, and

(b)   

by the Welsh Ministers unless a draft of the instrument has been

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

35

Assembly for Wales.

(9)   

In this section—

“the appropriate national authority”—

(a)   

in relation to England, means the Secretary of State; and

(b)   

in relation to Wales, means the Welsh Ministers;

40

“tobacco” has the same meaning as in section 7 of the Children and

Young Persons Act 1933.”

(2)   

In section 12D(1) of the Children and Young Persons Act 1933 (c. 12) (restricted

premises orders and restricted sales orders: interpretation)—

(a)   

omit “or” at the end of paragraph (a);

45

 
 

Health Bill [HL]
Part 3 — Miscellaneous

26

 

(b)   

after paragraph (b) insert “, or

(c)   

an offence committed under section 3A of the Children

and Young Persons (Protection from Tobacco) Act 1991

in respect of any machine kept on any premises (which

are accordingly “the premises in relation to which the

5

offence is committed”).”

21      

Power to prohibit or restrict sales from vending machines: Northern Ireland

After article 4 of the Children and Young Persons (Protection from Tobacco)

(Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (sale of unpackaged

cigarettes) insert—

10

“4A     

Sales from vending machines

(1)   

The Department may by regulations make provision prohibiting or

imposing requirements in relation to the sale of tobacco from an

automatic machine.

(2)   

The regulations may, in particular, impose—

15

(a)   

requirements as to the location of any automatic machine for the

sale of tobacco;

(b)   

requirements in relation to the design, construction or operation

of such a machine.

(3)   

The regulations must make provision as to the persons who are liable

20

in the case of any breach of a prohibition or requirement.

(4)   

Where a prohibition or requirement contained in the regulations is

breached, any person liable in accordance with the regulations is guilty

of an offence.

(5)   

A person guilty of an offence under this Article is liable on summary

25

conviction to a fine not exceeding level 4 on the standard scale.

(6)   

Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act

2002 (enforcement etc.) apply for the purposes of this Article and

regulations made under it as they apply for the purposes of provisions

of that Act.

30

(7)   

The power to make regulations under this Article includes power to

make supplementary, incidental, consequential or transitional

provision.

(8)   

Regulations may not be made under this Article unless a draft of the

regulations has been laid before, and approved by a resolution of, the

35

Assembly.

(9)   

In this Article “tobacco” has the same meaning as in Part 2 of the Health

and Personal Social Services (Northern Ireland) Order 1978.”

22      

Tobacco: minor and consequential amendments

Schedule 4 (which makes minor and consequential amendments relating to the

40

advertising and promotion of tobacco products) has effect.

 
 

Health Bill [HL]
Part 3 — Miscellaneous

27

 

Pharmaceutical services in England

23      

Pharmaceutical needs assessments

After section 128 of the National Health Service Act 2006 (c. 41) insert—

“128A   

Pharmaceutical needs assessments

(1)   

Each Primary Care Trust must in accordance with regulations—

5

(a)   

assess needs for pharmaceutical services in its area, and

(b)   

publish a statement of its first assessment and of any revised

assessment.

(2)   

The regulations must make provision—

(a)   

as to information which must be contained in a statement;

10

(b)   

as to the extent to which an assessment must take account of

likely future needs;

(c)   

specifying the date by which a Primary Care Trust must publish

the statement of its first assessment;

(d)   

as to the circumstances in which a Primary Care Trust must

15

make a new assessment.

(3)   

The regulations may in particular make provision—

(a)   

as to the pharmaceutical services to which an assessment must

relate;

(b)   

requiring a Primary Care Trust to consult specified persons

20

about specified matters when making an assessment;

(c)   

as to the manner in which an assessment is to be made;

(d)   

as to matters to which a Primary Care Trust must have regard

when making an assessment.”

24      

New arrangements for entry to pharmaceutical list

25

(1)   

Section 129 of the National Health Service Act 2006 (regulations as to

pharmaceutical services) is amended as follows.

(2)   

In subsection (2)(c), for the words from “may be granted” to “specified in the

application,” substitute “must be granted if the Primary Care Trust is satisfied

as mentioned in subsection (2A), and may otherwise be granted only if the

30

Primary Care Trust is satisfied as mentioned in subsection (2B),”.

(3)   

After subsection (2) insert—

“(2A)   

The Primary Care Trust is satisfied as mentioned in this subsection if,

having regard to its needs statement and to any matters prescribed by

the Secretary of State in the regulations, it is satisfied that it is necessary

35

to grant the application in order to meet a need in its area for the

services or some of the services specified in the application.

(2B)   

The Primary Care Trust is satisfied as mentioned in this subsection if,

having regard to its needs statement and to any matters prescribed by

the Secretary of State in the regulations, it is satisfied that to grant the

40

application would secure improvements, or better access, to

pharmaceutical services in its area.

 
 

Health Bill [HL]
Part 3 — Miscellaneous

28

 

(2C)   

In relation to cases where the Primary Care Trust is satisfied as

mentioned in subsection (2B), the regulations may make provision as

to—

(a)   

the manner in which the Primary Care Trust is to determine

whether to grant the application,

5

(b)   

matters which the Primary Care Trust must or must not take

into account for the purpose of determining whether to grant

the application.”

(4)   

After subsection (3) insert—

“(3A)   

The regulations may prescribe circumstances in which two or more

10

applications referred to in subsection (2)(c)(i) or (ii) may be considered

together by the Primary Care Trust.”

(5)   

In subsection (4)—

(a)   

for the words from “include” to “subsection (5) for” substitute “make

provision for the Primary Care Trust to take into account prescribed

15

matters in”;

(b)   

omit paragraph (a);

(c)   

in paragraph (b), for “they” substitute “two or more applications

referred to in subsection (2)(c)(i) or (ii)”;

(d)   

in paragraph (c), for “subsection (2)(c)” substitute “subsection (2A) or

20

(2B)”.

(6)   

After subsection (4) insert—

“(4A)   

Regulations under subsection (4) may in particular make the provision

mentioned in subsection (5), with or without modifications.”

(7)   

In subsection (6), before paragraph (a) insert—

25

“(za)   

for the circumstances and manner in which a Primary Care

Trust may invite applications for inclusion in a pharmaceutical

list,”.

(8)   

After subsection (10) insert—

“(10A)   

Primary Care Trusts must give reasons for decisions made by virtue of

30

this section.

(10B)   

In this section a “needs statement” means the statement required by

section 128A(1)(b) as most recently published by the relevant Primary

Care Trust.”

25      

Pharmaceutical lists — minor amendment

35

In section 129(6) of the National Health Service Act 2006 (c. 41) (regulations as

to pharmaceutical services), in paragraph (d), for “such an application”

substitute “an application to a Primary Care Trust”.

26      

Breach of terms of arrangements: notices and penalties

In Part 7 of the National Health Service Act 2006, before Chapter 6

40

 
 

Health Bill [HL]
Part 3 — Miscellaneous

29

 

(disqualification) insert—

“Chapter 5A

Notices and penalties

150A    

Notices and penalties

(1)   

The Secretary of State may by regulations provide that where a

5

practitioner who provides pharmaceutical services under

arrangements with a Primary Care Trust breaches a term of those

arrangements, the Primary Care Trust may—

(a)   

by a notice require the practitioner to do, or not do, specified

things or things of a specified description within a specified

10

period, or

(b)   

in prescribed circumstances or for a prescribed period,

withhold all or part of a payment due to the practitioner under

the arrangements.

(2)   

Regulations under this section must include provision conferring on

15

such persons as may be prescribed rights of appeal from decisions of

Primary Care Trusts made by virtue of this section.

(3)   

In this section—

“pharmaceutical services” means services provided under

arrangements under section 126 or under directions given

20

under section 127;

“specified” means specified in a notice under paragraph (a) of

subsection (1).”

27      

LPS schemes: powers of Primary Care Trusts and Strategic Health Authorities

(1)   

The National Health Service Act 2006 (c. 41) is amended as follows.

25

(2)   

In section 15 (Strategic Health Authorities’ directions), in subsection (2), after

“section 107 arrangements” insert “or LPS schemes”.

(3)   

In section 16 (section 92 arrangements and section 107 arrangements)—

(a)   

in subsection (1), after “section 107 arrangements” insert “and LPS

schemes”;

30

(b)   

in the heading, after “section 107 arrangements” insert “and LPS

schemes”.

(4)   

In section 144 (local pharmaceutical services schemes), after “Primary Care

Trusts” insert “or Strategic Health Authorities”.

(5)   

Schedule 12 (LPS schemes) is amended as follows.

35

(6)   

Paragraph 1 is amended as follows.

(7)   

In sub-paragraph (1), after “Primary Care Trusts” insert “or Strategic Health

Authorities”.

(8)   

In sub-paragraph (2)—

(a)   

in paragraph (a), after “Primary Care Trust” insert “or Strategic Health

40

Authority (the “commissioning body”)”;

 
 

Health Bill [HL]
Part 3 — Miscellaneous

30

 

(b)   

in paragraph (b), for “Primary Care Trust),” substitute “commissioning

body).”;

(c)   

omit paragraph (c) and the word “and” immediately before it.

(9)   

After sub-paragraph (2) insert—

   “(2A)  

A Strategic Health Authority may establish an LPS scheme only

5

where the only other parties are Primary Care Trusts.

     (2B)  

A Primary Care Trust may provide local pharmaceutical services

under an LPS scheme (where it is not the commissioning body), but

only in prescribed circumstances.”

(10)   

In sub-paragraph (5), for “made by it” substitute “in its area”.

10

(11)   

In sub-paragraph (6), for “and an NHS foundation trust” substitute “, an NHS

foundation trust and a Primary Care Trust”.

(12)   

In paragraph 2, in sub-paragraph (1), after “Primary Care Trust” insert “or

Strategic Health Authority”.

(13)   

Paragraph 3 is amended as follows.

15

(14)   

In sub-paragraph (2), for “Primary Care Trusts” substitute “the commissioning

body”.

(15)   

In sub-paragraph (3)(k), after “Primary Care Trusts” insert “or Strategic Health

Authorities”.

Pharmaceutical services in Wales

20

28      

Pharmaceutical lists — minor amendment

In section 83(6) of the National Health Service (Wales) Act 2006 (c. 42)

(regulations as to pharmaceutical services), in paragraph (d), for “such an

application” substitute “an application to a Local Health Board”.

29      

Breach of terms of arrangements: notices and penalties

25

In Chapter 2 of Part 8 of the National Health Service (Wales) Act 2006

(disqualification), before section 107 insert—

“106A   

 Notices and penalties

(1)   

The Welsh Ministers may by regulations provide that where a

practitioner who provides pharmaceutical or ophthalmic services

30

under arrangements with a Local Health Board breaches a term of those

arrangements, the Local Health Board may—

(a)   

by a notice require the practitioner to do, or not do, specified

things or things of a specified description within a specified

period, or

35

(b)   

in prescribed circumstances or for a prescribed period,

withhold all or part of a payment due to the practitioner under

the arrangements.

(2)   

Regulations under this section must include provision conferring on

such persons as may be prescribed rights of appeal from decisions of

40

Local Health Boards made by virtue of this section.

 
 

 
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