Health and Social Care Act 2008

(45A) (1) The appropriate authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have such responsibilities as may be conferred on them by virtue of section 45B. (2) A person who is so nominated or appointed by a designated body is to be known as its responsible officer (but this is subject to any provision made by virtue of subsection (5)(e)). (3) In this Part “designated body” means— (a) a body falling within any description of bodies prescribed for the purposes of this section, or (b) any other body prescribed for those purposes. (4) The descriptions of bodies, or particular bodies, that may be so prescribed are descriptions of bodies, or particular bodies, appearing to the appropriate authority— (a) to provide, or arrange for the provision of, health care, or (b) to employ or contract with medical practitioners. (5) Regulations under this section may make provision— (a) for conditions that must be satisfied in relation to a person if that person is to be nominated or appointed as, or remain as, a responsible officer of a designated body, (b) authorising or requiring a designated body to nominate or appoint more than one responsible officer, (c) for a single person to be nominated or appointed as the responsible officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters, (d) requiring a designated body that has a responsible officer to provide to the officer, or, if that designated body does not employ the officer, to the employer of the officer, funds and other resources necessary for enabling the officer to discharge the officer's prescribed responsibilities as a responsible officer for the designated body, (e) for the persons nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed, and (f) for making such amendments of any enactment as appear to the appropriate authority to be required in connection with any provision made by virtue of paragraph (e). (6) The conditions imposed under subsection (5)(a) may in particular include a requirement for the designated body to consult the General Council before nominating or appointing any person as a responsible officer for the body. (7) Regulations under this section may in prescribed cases provide that a responsible officer for a designated body is to be nominated by the appropriate authority instead of the designated body. (8) In this section— - “enactment” includes any provision of, or any instrument made under, Northern Ireland legislation; - “health care” means services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; - “illness” has the same meaning as in section 25(1) of the Health Act 2006. (45B) (1) Regulations under section 45A may make provision for or in connection with— (a) conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and (b) requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act. (2) Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body. (3) The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances— (a) the practitioner being employed by the designated body, (b) the practitioner providing services to the designated body, (c) the practitioner being employed by a person who provides services to the designated body, (d) the practitioner providing services in the geographical area in relation to which the designated body exercises functions in relation to the provision of the health service, or (e) the practitioner being employed by or providing services to, or pursuant to arrangements made by, a body which is located in the geographical area in relation to which the designated body exercises functions in relation to the provision of the health service but is not itself a designated body. (4) A designated body may confer on any of its responsible officers such powers as it considers appropriate to enable the officer to discharge any of the officer's prescribed responsibilities as a responsible officer for the body. (5) If a designated body requires any of its responsible officers to carry out any functions other than the officer's prescribed responsibilities, it must in doing so have regard to the officer's prescribed responsibilities. (6) In this section “the health service” means— (a) the health service as defined by section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service (Wales) Act 2006, (b) the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978, or (c) any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006. (45C) (1) Regulations under section 45A may— (a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and (b) create other procedures for enforcing any provisions of the regulations. (2) Regulations under section 45A may require a designated body or a responsible officer to have regard to any guidance given from time to time by the appropriate authority or any other prescribed person in relation to the nomination or appointment of responsible officers or their prescribed responsibilities. (3) Regulations under section 45A may make provision requiring— (a) a body which employs, or is provided with services by, a medical practitioner, or which arranges for others to be provided with services by a medical practitioner, but which is not a designated body, or (b) a medical practitioner, to provide, to the responsible officer with prescribed responsibilities relating to that medical practitioner or to the designated body for which the officer is a responsible officer or, if that designated body does not employ the responsible officer, to the employer of the officer, funds and other resources necessary for enabling the responsible officer to discharge the officer's prescribed responsibilities relating to that medical practitioner. (4) Regulations under section 45A may make provision for or in connection with requiring prescribed persons to supply information or produce documents to a responsible officer in connection with the discharge of the prescribed responsibilities of the responsible officer. (45D) (1) This Part binds the Crown. (2) No contravention by the Crown of any provision of this Part or regulations made under this Part makes 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. (3) The provisions of this Part apply to persons in the service of the Crown as they apply to other persons. (4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act. (45E) (1) The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument. (2) Before making any regulations under section 45A, the Secretary of State must consult— (a) the Scottish Ministers, if the regulations extend to Scotland, and (b) the Welsh Ministers, if the regulations apply to Wales. (3) A statutory instrument that— (a) contains regulations made by the Secretary of State under section 45A, and (b) is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament. (4) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (5) The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (6) A statutory rule that— (a) contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and (b) is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954. (7) The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (8) Regulations under section 45A may make different provision for different cases. (45F) In this Part— - “the appropriate authority” means— 1. in relation to England and Wales or Scotland, the Secretary of State, or 2. in relation to Northern Ireland, the Department of Health, Social Services and Public Safety in Northern Ireland; - “designated body” has the meaning given by section 45A(3); - “prescribed” means prescribed by regulations under section 45A.

Additional responsibilities of responsible officers: England and Wales and Northern Ireland

120

• (1) Regulations under this section may confer on a responsible officer nominated or appointed for the purposes of regulations under section 45A of the Medical Act 1983 (c. 54) (requirement to nominate or appoint responsible officer) additional responsibilities that relate to—

• (a) the entry by the designated body into contracts of employment with medical practitioners or into contracts for the provision of services by such practitioners,

• (b) the monitoring of the conduct or performance of medical practitioners who have a prescribed connection with the designated body, or

• (c) ensuring that appropriate action is taken in response to concerns about such conduct or performance,

but do not relate to the regulation under that Act of the medical profession.

• (2) Subject to subsection (3), the power to make regulations under this section is exercisable—

• (a) in relation to England, by the Secretary of State,

• (b) in relation to Wales, by the Welsh Ministers, or

• (c) in relation to Northern Ireland, by the Department of Health, Social Services and Public Safety in Northern Ireland.

• (3) In relation to cross-border bodies, the power to make regulations under this section is exercisable by the Secretary of State after consultation with the Welsh Ministers.

• (4) For the purposes of this section a “cross-border body” is a body which—

• (a) performs (and only performs) functions in respect of England and Wales, and

• (b) does not perform functions mainly in respect of England or mainly in respect of Wales.

• (5) Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983 (c. 54) (provisions that may be included in regulations under section 45A of that Act and responsibilities of responsible officers) apply in relation to regulations under this section as they apply in relation to regulations under section 45A of that Act but as if—

• (a) references to prescribed responsibilities were references to responsibilities conferred by regulations under this section,

• (b) the reference in section 45B(2) to regulations under section 45A were a reference to regulations under this section, and

• (c) the reference in section 45B(3) to subsection (1)(a) of that section were a reference to subsection (1)(b) of this section.

• (6) Subject to subsection (7), regulations under this section may require a designated body or a responsible officer to have regard to any guidance given from time to time by the Secretary of State, the Welsh Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland (as the case may be), or by any other person prescribed by the regulations, in relation to responsibilities conferred on responsible officers by the regulations.

• (7) In relation to cross-border bodies, the reference in subsection (6) to the Secretary of State is to be read as a reference to the Secretary of State after consultation with the Welsh Ministers.

• (8) Expressions used in this section and in Part 5A of the Medical Act 1983 (responsible officers) have the same meaning in this section as in that Part.

Co-operation between prescribed bodies

121

• (1) The appropriate Minister may by regulations make provision for or in connection with requiring a designated body to co-operate with any other designated body in connection with—

• (a) the sharing of information which relates to the conduct or performance of any health care worker and which may show that that worker is likely to constitute a threat to the health and safety of patients,

• (b) the provision of information in response to requests for information from any other designated body about the conduct or performance of any health care worker,

• (c) the consideration of any issues which arise as a result of the acts mentioned in paragraphs (a) and (b), and

• (d) the taking of any prescribed steps following such consideration.

• (2) Regulations under this section may make provision requiring a designated body to disclose the information referred to in subsection (1)(a) and any information disclosed under subsection (1)(b) to any other designated body in prescribed circumstances, or in circumstances where it appears to that body that the prescribed conditions are satisfied, whether or not the disclosure of information has been requested.

• (3) Regulations under this section may—

• (a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and

• (b) create other procedures for enforcing any provisions of the regulations.

• (4) Regulations under this section may require a designated body to have regard to any guidance given from time to time by the appropriate Minister or any other prescribed person.

• (5) In making regulations under this section the appropriate Minister must have regard to the importance of avoiding unfair prejudice to health care workers against whom unsubstantiated allegations are made.

• (6) In this section—

• “the appropriate Minister” means the Secretary of State except that, in relation to co-operation by a Welsh health body or a Welsh social services body, it means the Welsh Ministers;

• “designated body” means—any body which is a designated body for the purposes of Part 5A of the Medical Act 1983 (c. 54), andany other body prescribed for the purposes of this section;

• “health care” has the meaning given by section 45A(8) of the Medical Act 1983;

• “health care worker” means—any person who is a member of a prescribed profession concerned with the physical or mental health of individuals, orany person who—is employed by a designated body,provides services to a designated body, oris employed by a person who provides services to a designated body,for purposes connected with the provision of health care;

• “prescribed” means prescribed by regulations under this section;

• “Welsh health body” means—a Welsh NHS body, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), orany other person providing or arranging for the provision of health care in Wales;

• “Welsh social services body” means—the council of a county or county borough in Wales, ora body engaged in the provision of Welsh local authority social services, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003.

Ss. 120 and 121: Crown application

122

• (1) Sections 120 and 121 bind the Crown.

• (2) No contravention by the Crown of any provision of either of those sections or regulations made under them makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) The provisions of those sections apply to persons in the service of the Crown as they apply to other persons.

• (4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Hearing Aid Council

Dissolution of Hearing Aid Council

123

• (1) The Hearing Aid Council is dissolved.

• (2) The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council (Extension) Act 1975 (c. 39) cease to have effect.

• (3) An order under section 170(3) may not appoint a day for the coming into force of—

• (a) subsection (1), or

• (b) subsection (2), so far as relating to the profession mentioned in section 60(2)(ca) of the Health Act 1999 (c. 8),

unless the following conditions are met.

• (4) Those conditions are—

• (a) that an Order in Council under section 60 of the Health Act 1999 (regulation of health care and associated professions) has made provision by virtue of subsection (2)(ca) of that section (regulation of dispensers of hearing aids), and

• (b) that the day appointed under section 170(3) is not earlier than the day on which the Order in Council, so far as making such provision, comes into force.

• (5) The Secretary of State may by order make provision for the transfer of property, rights and liabilities of the Hearing Aid Council to any relevant regulatory body or to the Secretary of State.

• (6) For that purpose a “relevant regulatory body” is any body which under an Order in Council under section 60 of the Health Act 1999 (c. 8) is responsible for the regulation of the profession mentioned in subsection (2)(ca) of that section.

Regulation of social care workforce

Regulation of social care workers

124

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Standard of proof in proceedings relating to registration of social care worker

125

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Approved mental health professionals

Education and training of approved mental health professionals

126

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General

Further amendments relating to Part 2

127

Schedule 10 (which contains further amendments relating to this Part) has effect.

Interpretation of Part 2

128

In this Part—

• “the 1999 Act” means the Health Act 1999 (c. 8);

• “the 2002 Act” means the National Health Service Reform and Health Care Professions Act 2002 (c. 17);

• “enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

• ...

Part 3 — Public health protection

Public health protection

129

Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—

(45A) (1) The following provisions have effect for the interpretation of this Part. (2) “Contamination” includes radiation. (3) Any reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health. (4) Any reference to the spread of contamination includes a reference to the spread of any source of contamination. (5) Any reference to disinfection or decontamination includes a reference to the removal of any vector, agent or source of the infection or contamination. (6) Related expressions are to be read accordingly. (45B) (1) The appropriate Minister may by regulations make provision— (a) for preventing danger to public health from vessels, aircraft, trains or other conveyances arriving at any place, (b) for preventing the spread of infection or contamination by means of any vessel, aircraft, train or other conveyance leaving any place, and (c) for giving effect to any international agreement or arrangement relating to the spread of infection or contamination. (2) Regulations under subsection (1) may in particular include provision— (a) for the detention of conveyances, (b) for the medical examination, detention, isolation or quarantine of persons, (c) for the inspection, analysis, retention, isolation, quarantine or destruction of things, (d) for the disinfection or decontamination of conveyances, persons or things or the application of other sanitary measures, (e) for prohibiting or regulating the arrival or departure of conveyances and the entry or exit of persons or things, (f) imposing duties on masters, pilots, train managers and other persons on board conveyances and on owners and managers of ports, airports and other points of entry, and (g) requiring persons to provide information or answer questions (including information or questions relating to their health). (45C) (1) The appropriate Minister may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in England and Wales (whether from risks originating there or elsewhere). (2) The power in subsection (1) may be exercised— (a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and (b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances. (3) Regulations under subsection (1) may in particular include provision— (a) imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination, (b) conferring on local authorities or other persons functions in relation to the monitoring of public health risks, and (c) imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health. (4) The restrictions or requirements mentioned in subsection (3)(c) include in particular— (a) a requirement that a child is to be kept away from school, (b) a prohibition or restriction relating to the holding of an event or gathering, (c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and (d) a special restriction or requirement. (5) The power in subsection (1) is subject to section 45D. (6) For the purposes of this Part— (a) a “special restriction or requirement” means a restriction or requirement which can be imposed by a justice of the peace by virtue of section 45G(2), 45H(2) or 45I(2), but (b) a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement. (45D) (1) Regulations under section 45C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the appropriate Minister considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 45C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (3) Regulations under section 45C may not include provision imposing a special restriction or requirement mentioned in section 45G(2)(a), (b), (c) or (d). (4) Regulations under section 45C may not include provision enabling the imposition of a special restriction or requirement unless— (a) the regulations are made in response to a serious and imminent threat to public health, or (b) imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed. (5) For the purposes of this section— (a) regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the appropriate Minister, a local authority or other person; (b) regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision. (45E) (1) Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment. (2) “Medical treatment” includes vaccination and other prophylactic treatment. (45F) (1) This section makes further provision about regulations under section 45B or 45C (“health protection regulations”). (2) Health protection regulations may— (a) confer functions on local authorities and other persons; (b) create offences; (c) enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances; (d) provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations; (e) provide for appeals from and reviews of decisions taken under the regulations; (f) permit or prohibit the levy of charges; (g) permit or require the payment of incentive payments, compensation and expenses; (h) provide for the resolution of disputes. (3) Health protection regulations may, for the purposes of giving effect to an international agreement or arrangement, amend any enactment. (4) Health protection regulations may not confer functions on officers of Revenue and Customs unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs. (5) Health protection regulations may not create an offence triable on indictment or punishable with— (a) imprisonment, (b) a fine exceeding £20,000, or (c) a further fine exceeding an amount equal to 2% of level 5 on the standard scale for each day on which the default continues after conviction. (6) Regulations under section 45C must provide for a right of appeal to a magistrates' court against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises. (7) Regulations under section 45C which enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations. (8) In relation to a special restriction or requirement mentioned in section 45G(2)(c) or (d)— (a) the period specified by virtue of subsection (7) and the intervals specified by virtue of that subsection must be 28 days or less, and (b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made. (45G) (1) A justice of the peace may make an order under subsection (2) in relation to a person (“P”) if the justice is satisfied that— (a) P is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that P might infect or contaminate others, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose on or in relation to P one or more of the following restrictions or requirements— (a) that P submit to medical examination; (b) that P be removed to a hospital or other suitable establishment; (c) that P be detained in a hospital or other suitable establishment; (d) that P be kept in isolation or quarantine; (e) that P be disinfected or decontaminated; (f) that P wear protective clothing; (g) that P provide information or answer questions about P's health or other circumstances; (h) that P's health be monitored and the results reported; (i) that P attend training or advice sessions on how to reduce the risk of infecting or contaminating others; (j) that P be subject to restrictions on where P goes or with whom P has contact; (k) that P abstain from working or trading. (3) A justice of the peace may make an order under subsection (4) in relation to a person (“P”) if the justice is satisfied that— (a) P is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related party might infect or contaminate others, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may impose on or in relation to P a requirement that P provide information or answer questions about P's health or other circumstances (including, in particular, information or questions about the identity of a related party). (5) “Related party” means— (a) a person who has or may have infected or contaminated P, or (b) a person whom P has or may have infected or contaminated. (6) An order under this section may also order a person with parental responsibility (within the meaning of the Children Act 1989) for P to secure that P submits to or complies with the restrictions or requirements imposed by the order. (7) The appropriate Minister must by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) Any reference in this section to a person who is infected or contaminated includes a reference to a person who carries the source of an infection or contamination, and any reference to infecting or contaminating others includes a reference to passing that source to others. (45H) (1) A justice of the peace may make an order under subsection (2) in relation to a thing if the justice is satisfied that— (a) the thing is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that the thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose in relation to the thing one or more of the following restrictions or requirements— (a) that the thing be seized or retained; (b) that the thing be kept in isolation or quarantine; (c) that the thing be disinfected or decontaminated; (d) in the case of a dead body, that the body be buried or cremated; (e) in any other case, that the thing be destroyed or disposed of. (3) A justice of the peace may make an order under subsection (4) in relation to a thing if the justice is satisfied that— (a) the thing is or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related person or related thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may require— (a) the owner of the thing, or (b) any person who has or has had custody or control of the thing, to provide information or answer questions about the thing (including, in particular, information or questions about where the thing has been or about the identity of any related person or the whereabouts of any related thing). (5) “Related person” means— (a) a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or (b) a person whom the thing has or may have infected or contaminated. (6) “Related thing” means— (a) a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or (b) a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated. (7) The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) In this section— (a) any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and (b) any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing. (45I) (1) A justice of the peace may make an order under subsection (2) in relation to premises if the justice is satisfied that— (a) the premises are or may be infected or contaminated, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that the premises might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (2) The order may impose in relation to the premises one or more of the following restrictions or requirements— (a) that the premises be closed; (b) that, in the case of a conveyance or movable structure, the conveyance or structure be detained; (c) that the premises be disinfected or decontaminated; (d) that, in the case of a building, conveyance or structure, the premises be destroyed. (3) A justice of the peace may make an order under subsection (4) in relation to premises if the justice is satisfied that— (a) the premises are or may be infected or contaminated or are or may be a place where infection or contamination was spread between persons or things, (b) the infection or contamination is one which presents or could present significant harm to human health, (c) there is a risk that a related person or related thing might infect or contaminate humans, and (d) it is necessary to make the order in order to remove or reduce that risk. (4) The order may require the owner or any occupier of the premises to provide information or answer questions about the premises (including, in particular, information about the identity of any related person or the whereabouts of any related thing). (5) “Related person” means— (a) a person who has or may have infected or contaminated the premises, (b) a person who has or may have infected or contaminated a person who or thing which is or has been on the premises, (c) a person whom the premises have or may have infected or contaminated, or (d) a person who has or may have been infected or contaminated by a person who or thing which is or has been on the premises. (6) “Related thing” means— (a) a thing which has or may have infected or contaminated the premises, (b) a thing which has or may have infected or contaminated a person who or thing which is or has been on the premises, (c) a thing which the premises have or may have infected or contaminated, or (d) a thing which has or may have been infected or contaminated by a person who or thing which is or has been on the premises. (7) The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3). (8) In this section— (a) any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and (b) any reference to infecting or contaminating humans, or a person, thing or premises, includes a reference to passing the source of an infection or contamination to humans, or to the person, thing or premises. (45J) (1) The powers in sections 45G, 45H and 45I include power to make an order in relation to a group of persons, things or premises. (2) For those purposes, the sections have effect as follows. (3) In section 45G— (a) in subsections (1)(a) and (c) and (3)(a), the reference to P is a reference to each person in the group, and (b) in subsections (2) and (4), any reference to P is a reference to any one or more of the persons in the group. (4) In section 45H— (a) in subsections (1)(a) and (c) and (3)(a), the reference to the thing is a reference to each thing in the group, and (b) in subsections (2) and (4) any reference to the thing is a reference to any one or more of the things in the group. (5) In section 45I— (a) in subsections (1)(a) and (c) and (3)(a), the reference to the premises is a reference to each set of premises in the group, and (b) in subsections (2) and (4), any reference to the premises is a reference to any one or more of the sets of premises in the group. (45K) (1) This section makes further provision about orders under sections 45G, 45H and 45I (referred to in this Part as “Part 2A orders”). (2) A Part 2A order may include, in addition to the restrictions or requirements mentioned in the provision under which it is made, such other restrictions or requirements as the justice considers necessary for the purpose of reducing or removing the risk in question. (3) A restriction or requirement contained in a Part 2A order may be expressed to take effect subject to conditions specified in the order. (4) Two or more Part 2A orders may be combined in a single order. (5) A Part 2A order may contain such directions as the justice considers appropriate to give effect to it. (6) Without prejudice to subsection (5)— (a) a Part 2A order may, if the justice is satisfied as mentioned in subsection (4) of section 61, authorise anything which may be authorised by warrant under subsection (3) of that section, and (b) if the order does so, section 62(1) and (1A) have effect as if— (i) the order were a warrant issued under section 61, and (ii) the person so authorised were a proper officer. (7) A Part 2A order may order the payment of compensation or expenses in connection with the taking of measures pursuant to the order. (8) A Part 2A order is authority for those persons to whom it is addressed to do such things as may be necessary to give effect to it. (45L) (1) A Part 2A order must specify the period for which any restriction or requirement imposed by or under the order is to remain in force. (2) That period may be extended by further order of a justice of the peace. (3) In relation to restrictions or requirements mentioned in section 45G(2)(c) or (d), neither the period specified under subsection (1) nor the period of any extension under subsection (2) may exceed 28 days or such shorter period as the appropriate Minister may by regulations prescribe. (4) The appropriate Minister may by regulations prescribe, in relation to any other restrictions or requirements, the maximum period which may be specified under subsection (1) and the maximum period of any extension under subsection (2). (45M) (1) The power of a justice of the peace to make a Part 2A order is exercisable on the application of a local authority. (2) Local authorities must co-operate with each other in deciding which of them should apply for a Part 2A order in any particular case. (3) The appropriate Minister must by regulations require a local authority to give notice to such persons as may be prescribed by the regulations of the making of an application for a Part 2A order, but this is subject to subsection (4). (4) If a justice of the peace considers it necessary to do so, the justice may make a Part 2A order without a person having been given such notice as is otherwise required to be given to that person under rules of court or regulations under subsection (3). (5) A Part 2A order may be varied or revoked by a justice of the peace on the application of— (a) an affected person, (b) a local authority, or (c) any other authority with the function of executing or enforcing the order in question. (6) In the case of an order under section 45G, the following persons are affected persons— (a) P, (b) a person with parental responsibility (within the meaning of the Children Act 1989) for P, (c) P's husband, wife or civil partner, (d) a person living with P as P's husband, wife or civil partner, and (e) such other persons as may be prescribed by regulations. (7) In the case of an order under section 45H(2), the following persons are affected persons— (a) the owner of the thing, (b) any person with custody or control of the thing, and (c) such other persons as may be prescribed by regulations. (8) In the case of an order under section 45I(2), the following persons are affected persons— (a) the owner of the premises, (b) any occupier of the premises, and (c) such other persons as may be prescribed by regulations. (9) In the case of an order under section 45H(4) or 45I(4), the person required to provide information or answer questions and such other persons as may be prescribed by regulations are affected persons. (10) Variation or revocation of a Part 2A order does not invalidate anything done under the order prior to the variation or revocation. (11) In this section “regulations” means regulations made by the appropriate Minister. (45N) (1) The appropriate Minister may by regulations make provision about the taking of measures pursuant to Part 2A orders. (2) The regulations may in particular make provision about— (a) the type of investigation which may be carried out as part of a medical examination; (b) the manner in which measures are to be taken; (c) who is to be responsible for executing and enforcing measures; (d) who is to be liable for the costs of measures; (e) the payment of compensation or expenses in connection with the taking of measures. (3) But the regulations may not confer functions on officers of Revenue and Customs to execute or enforce Part 2A orders unless the regulations are made with the consent of the Commissioners for Her Majesty's Revenue and Customs. (45O) (1) A person commits an offence if the person— (a) fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 2A order, or (b) wilfully obstructs anyone acting in the execution of a Part 2A order. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding £20,000. (3) If— (a) a person is convicted of an offence under subsection (1), and (b) the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way, the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order. (4) Subsection (5) applies if— (a) a Part 2A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and (b) the person leaves that place contrary to the requirement. (5) A constable may take the person into custody and return the person to that place. (6) But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force. (45P) (1) A power to make regulations under this Part is exercisable by statutory instrument. (2) A power to make regulations under this Part includes power to make different provision for different cases or different areas. (45Q) (1) An instrument containing regulations under this Part, except one to which subsection (4) applies, is subject to annulment— (a) in the case of English regulations, in pursuance of a resolution of either House of Parliament; (b) in the case of Welsh regulations, in pursuance of a resolution of the National Assembly for Wales. (2) Subject to subsection (3), subsection (4) applies to an instrument containing (whether alone or with other provisions)— (a) regulations under section 45C, (b) regulations which amend an enactment pursuant to section 45F(3), (c) the first regulations to be made under section 45G(7), (d) the first regulations to be made under section 45L(4), or (e) the first regulations to be made under section 45N. (3) Subsection (4) does not apply by virtue of subsection (2)(a) if the instrument contains a declaration that the person making it is of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) which imposes or enables the imposition of— (a) a special restriction or requirement, or (b) any other restriction or requirement which has or would have a significant effect on a person's rights. (4) Subject to section 45R, an instrument to which this subsection applies may not be made unless— (a) in the case of English regulations, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; (b) in the case of Welsh regulations, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (5) If an instrument, or a draft of an instrument, containing regulations under section 45B or 45C would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument. (6) In this section— - “English regulations” means regulations made by the Secretary of State; - “Welsh regulations” means regulations made by the Welsh Ministers. (45R) (1) This section applies to an instrument to which subsection (4) of section 45Q applies by virtue of subsection (2)(a) or (b) of that section. (2) The instrument may be made without a draft having been laid and approved as mentioned in subsection (4) of that section if the instrument contains a declaration that the person making it is of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved. (3) After an instrument is made in accordance with subsection (2), it must be laid— (a) in the case of English regulations, before each House of Parliament; (b) in the case of Welsh regulations, before the National Assembly for Wales. (4) Regulations contained in an instrument made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved— (a) in the case of English regulations, by a resolution of each House of Parliament; (b) in the case of Welsh regulations, by a resolution of the National Assembly for Wales. (5) But if on any day during that period, on proceedings on a motion that (or to the effect that) the instrument be so approved, either House of Parliament or, as the case may be, the National Assembly for Wales comes to a decision rejecting the instrument, the regulations cease to have effect at the end of that day instead. (6) In reckoning any such period of 28 days, no account is to be taken— (a) in the case of English regulations, of any time during which Parliament is prorogued or dissolved or during which both Houses are adjourned for more than 4 days; (b) in the case of Welsh regulations, of any time during which the National Assembly for Wales is dissolved or is in recess for more than 4 days. (7) Subsections (4) and (5) do not— (a) affect anything done in reliance on the regulations before they ceased to have effect, or (b) prevent the making of new regulations. (8) In this section “English regulations” and “Welsh regulations” have the same meaning as in section 45Q. (45S) The provisions of this Part have effect in relation to the territorial sea adjacent to England or Wales. (45T) (1) This Part is to be read in accordance with this section. (2) “Enactment” means an enactment whenever passed or made, and includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978). (3) “Medical examination” includes microbiological, radiological and toxicological tests. (4) “Special restriction or requirement” has the meaning given by section 45C(6). (5) “Thing” includes— (a) human tissue, (b) a dead body or human remains, (c) animals, and (d) plant material. (6) “The appropriate Minister” means— (a) the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea); (b) the Welsh Ministers, as respects Wales (including the sea adjacent to Wales out as far as that boundary). (7) An order made under section 158(3) of the Government of Wales Act 2006 (orders to determine boundary of the sea adjacent to Wales) applies for the purposes of subsection (6) as it applies for the purposes of that Act. (8) Any reference to amending an enactment includes a reference to repealing, revoking or modifying the application of an enactment, and “amendment” is to be read accordingly. (9) Any reference to giving effect to an international agreement or arrangement includes a reference to giving effect to a recommendation issued under such an agreement or arrangement.

Further amendments relating to public health protection

130

• (1) Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is superseded by the new Part 2A inserted by section 129) ceases to have effect.

• (2) Schedule 11 (which contains further amendments of that Act and other Acts) has effect.

Part 4 — Health in pregnancy grant

England, Wales and Scotland

Entitlement: Great Britain

131

After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4) insert—

(140A) (1) A woman who satisfies prescribed conditions in relation to a pregnancy of hers is entitled to payment of a lump sum (to be known as “health in pregnancy grant”). (2) A condition prescribed under subsection (1) may, in particular, require a woman to have reached a specified stage of her pregnancy. (3) A woman is not entitled to health in pregnancy grant unless— (a) she has received advice on matters relating to maternal health from a health professional; (b) she is in Great Britain at the time she makes a claim for the grant in accordance with the Administration Act. (4) Circumstances may be prescribed in which a woman is to be treated for the purposes of subsection (3)(b) as being, or as not being, in Great Britain. (5) In this section— - “health professional” has such meaning as may be prescribed, - “prescribed” means prescribed by regulations, and - “woman” means a female of any age. (6) The power to make regulations under this section is exercisable by the Treasury. (140B) (1) Health in pregnancy grant is to be of an amount prescribed by regulations made by the Treasury. (2) Different amounts may be prescribed in relation to different cases.

Administration: Great Britain

132

• (1) In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and payments regulations), in subsection (2), after paragraph (f), insert—

(fa) health in pregnancy grant;

.

• (2) The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.

• (3) After section 12 of that Act insert—

(12A) (1) No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5. (2) No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her. (3) This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by— (a) a statement of her national insurance number and information or evidence establishing that that number has been allocated to her; or (b) information or evidence enabling the national insurance number that has been allocated to her to be ascertained. (4) This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her. (5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.

• (4) In section 71 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—

(ea) health in pregnancy grant; and

.

• (5) In the application of that section in relation to health in pregnancy grant, references to the Secretary of State are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.

• (6) In section 121E of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.

• (7) In section 121F of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.

• (8) Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Secretary of State under that Act are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.

Penalty: Great Britain

133

• (1) After section 113B of the Social Security Administration Act 1992 (c. 5) insert—

(113C) Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.

• (2) Before Schedule 4 to that Act, insert—

SCHEDULE 3A (1) (1) This paragraph applies where a person fraudulently or negligently— (a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or (b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5. (2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person. (3) The amount of a penalty imposed under this paragraph— (a) is to be determined by the Commissioners, but (b) may not exceed the amount of the grant. (4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given. (5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed. (6) The notice must— (a) state the date on which the notice is given, (b) state the date on or before which payment is due in accordance with sub-paragraph (4), and (c) give details of the right to appeal under paragraph 2. (2) (1) A person on whom a penalty is imposed under paragraph 1 may appeal to an appeal tribunal against the determination imposing it. (2) On an appeal under sub-paragraph (1), an appeal tribunal may— (a) set the determination aside, (b) confirm the determination, (c) reduce the amount of the penalty, or (d) increase the amount of it (but not so as to exceed the amount of the grant). (3) An appeal lies to a Commissioner from a decision of an appeal tribunal under sub-paragraph (2). (4) On an appeal under sub-paragraph (3), a Commissioner has a similar jurisdiction to that conferred on an appeal tribunal by sub-paragraph (2). (5) In sub-paragraphs (1) to (4), “appeal tribunal” and “Commissioner” have the same meaning as in Chapter 2 of Part 1 of the Social Security Act 1998 (decisions, etc.). (6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Act in relation to an appeal under this paragraph (with such modifications as are prescribed). (3) The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule. (4) (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day. (2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given. (5) A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.

Northern Ireland

Entitlement: Northern Ireland

134

After Part 8 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) insert—

(136A) (1) A woman who satisfies prescribed conditions in relation to a pregnancy of hers is entitled to payment of a lump sum (to be known as “health in pregnancy grant”). (2) A condition prescribed under subsection (1) may, in particular, require a woman to have reached a specified stage of her pregnancy. (3) A woman is not entitled to health in pregnancy grant unless— (a) she has received advice on matters relating to maternal health from a health professional; (b) she is in Northern Ireland at the time she makes a claim for the grant in accordance with the Administration Act. (4) Circumstances may be prescribed in which a woman is to be treated for the purposes of subsection (3)(b) as being, or as not being, in Northern Ireland. (5) In this section— - “health professional” has such meaning as may be prescribed, - “prescribed” means prescribed by regulations, and - “woman” means a female of any age. (6) The power to make regulations under this section is exercisable by the Treasury. (136B) (1) Health in pregnancy grant is to be of an amount prescribed by regulations made by the Treasury. (2) Different amounts may be prescribed in relation to different cases.

Administration: Northern Ireland

135

• (1) In section 5 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (claims and payments regulations), in subsection (2), after paragraph (f), insert—

(fa) health in pregnancy grant;

.

• (2) The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.

• (3) After section 10 of that Act insert—

(10A) (1) No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5. (2) No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her. (3) This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by— (a) a statement of her national insurance number and information or evidence establishing that that number has been allocated to her; or (b) information or evidence enabling the national insurance number that has been allocated to her to be ascertained. (4) This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her. (5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.

• (4) In section 69 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—

(ea) health in pregnancy grant; and

.

• (5) In the application of that section in relation to health in pregnancy grant, references to the Northern Ireland Department are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.

• (6) In section 115D of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.

• (7) In section 115E of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.

• (8) Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Northern Ireland Department under that Order are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.

• (9) In subsections (5) and (8), “the Northern Ireland Department” means the Department for Social Development in Northern Ireland.

Penalty: Northern Ireland

136

• (1) After section 107B of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) insert—

(107C) Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.

• (2) Before Schedule 4 to that Act, insert—

SCHEDULE 3A (1) (1) This paragraph applies where a person fraudulently or negligently— (a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or (b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5. (2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person. (3) The amount of a penalty imposed under this paragraph— (a) is to be determined by the Commissioners, but (b) may not exceed the amount of the grant. (4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given. (5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed. (6) The notice must— (a) state the date on which the notice is given, (b) state the date on or before which payment is due in accordance with sub-paragraph (4), and (c) give details of the right to appeal under paragraph 2. (2) (1) A person on whom a penalty is imposed under paragraph 1 may appeal to an appeal tribunal against the determination imposing it. (2) On an appeal under sub-paragraph (1), an appeal tribunal may— (a) set the determination aside, (b) confirm the determination, (c) reduce the amount of the penalty, or (d) increase the amount of it (but not so as to exceed the amount of the grant). (3) An appeal lies to a Commissioner from a decision of an appeal tribunal under sub-paragraph (2). (4) On an appeal under sub-paragraph (3), a Commissioner has a similar jurisdiction to that conferred on an appeal tribunal by sub-paragraph (2). (5) In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning as in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (decisions, etc.). (6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Order in relation to an appeal under this paragraph (with such modifications as are prescribed). (3) The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule. (4) (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day. (2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given. (5) A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.

Northern Ireland: health in pregnancy grant to be excepted matter

137

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the beginning of paragraph 10B insert “ Health in pregnancy grant, ”.

General and supplementary

General and supplementary

138

• (1) The Commissioners for Her Majesty's Revenue and Customs are responsible for the payment and management of health in pregnancy grant.

• (2) In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from entitlement to benefits), in subsection (1), after paragraph (h), insert—

(ha) health in pregnancy grant,

.

• (3) In subsections (5) and (6) of that section, before “child benefit” insert “ health in pregnancy grant or ”.

• (4) In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (benefits wholly exempt from income tax), in Part 1 of Table B, at the appropriate place insert—

Health in pregnancy grant	SSCBA 1992	Section 140A
	SSCB(NI)A 1992	Section 136A

.

Part 5 — Miscellaneous

Amendments relating to National Health Service

Duty of Primary Care Trusts

139

After section 23 of the National Health Service Act 2006 (c. 41) insert—

(23A) (1) Each Primary Care Trust must make arrangements to secure continuous improvement in the quality of health care provided by it and by other persons pursuant to arrangements made by it. (2) In discharging its duty under subsection (1) a Primary Care Trust must have regard to the standards set out in statements under section 45 of the Health and Social Care Act 2008. (3) “Health care” means— (a) services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and (b) the promotion and protection of public health.

Pharmaceutical services

140

Schedule 12 (which contains amendments of the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to expenditure in connection with the provision of pharmaceutical services) has effect.

Remuneration for persons providing pharmaceutical services

141

• (1) In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—

• (a) after subsection (4) insert—