Health and Care Act 2022

(11A) (1) This paragraph applies where— (a) the gametes of a person (“P”) are in storage, (b) P’s consent to the storage of the gametes is required under paragraph 8(1), (c) there is effective consent from P to the storage of the gametes, and (d) the gametes are being kept for use for the purposes of providing treatment services to— (i) P, or (ii) P and another person together. (2) The person keeping the gametes in storage (“K”) must, in each consent period, request P to renew consent to storage of the gametes within the renewal period. For the meaning of “consent period” and “renewal period”, see paragraph 11B. (3) A request under sub-paragraph (2) must be given in writing before the start of the renewal period. (4) The duty in sub-paragraph (2) ceases to apply if K is notified that P has died. (5) The duty in sub-paragraph (2) does not apply in relation to any consent period if— (a) K has at any time been informed in writing that P has been certified as lacking capacity to renew consent to storage of the gametes, and (b) K has not subsequently been informed in writing, before the start of the renewal period which relates to that consent period, that P has been certified as having capacity to renew consent to storage of the gametes. (6) P renews consent by informing K in writing that P consents to the storage of the gametes. (7) If P’s consent is not renewed under sub-paragraph (6) before the end of the consent period, K must, as soon as possible after the end of that period, give a notice to P stating that if P does not renew consent before the end of the renewal period, the gametes will be removed from storage and disposed of. (8) P’s consent to the storage of the gametes is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if— (a) K has complied with the requirements of sub-paragraphs (2) and (7) in relation to that consent period, and (b) P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period. But this is subject to sub-paragraphs (9) and (10). (9) If, in a case referred to in sub-paragraph (8)(a) and (b), P dies before the end of the renewal period— (a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but (b) if at the end of the period of 10 years beginning with the day on which P died there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time. (10) If, in a case referred to in sub-paragraph (8)(a) and (b), before the end of the renewal period P is certified as lacking capacity to renew consent— (a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but (b) if at the end of the period of 10 years beginning with the day on which P was so certified there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time. (11) But P’s consent is not to be taken as withdrawn under sub-paragraph (10)(b) if, before the time it would be taken to be withdrawn under that sub-paragraph— (a) P is certified as having capacity to renew consent to storage of the gametes, and (b) P renews consent to storage of the gametes by informing K in writing that P consents to their storage. (12) In a case where P renews consent under sub-paragraph (11)(b), this paragraph applies subsequently as if references to a consent period were to— (a) the period of 10 years beginning with the day on which P so renewed consent, and (b) each successive period of 10 years. (11B) (1) For the purposes of paragraph 11A, each of the following is a “consent period”— (a) the period of 10 years beginning with the relevant day, and (b) each successive period of 10 years. (2) In sub-paragraph (1)(a) “relevant day” means— (a) the day on which the gametes are first placed in storage, or (b) in a case where sub-paragraph (3) or (5) applies, the day on which P gives consent to the storage of the gametes. (3) This sub-paragraph applies where the gametes are taken from or provided by P before P attains the age of 18 years and, at the time the gametes are first stored— (a) P has not attained the age of 16 years and is not competent to deal with the issue of consent to storage of the gametes, or (b) P has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage. (4) In relation to Scotland, sub-paragraph (3) is to be read as if, for paragraphs (a) and (b), there were substituted “P does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to storage of the gametes”. (5) This sub-paragraph applies where the gametes are taken from or provided by P after P attains the age of 16 years and, at the time the gametes are first stored, P lacks capacity to consent to their storage. (6) In paragraph 11A “the renewal period”, in relation to a consent period, means the period which— (a) begins 12 months before the end of the consent period, and (b) ends 6 months after the end of the consent period. (7) In paragraph 11A “certified” means certified in writing by a registered medical practitioner. (8) In paragraph 11A and this paragraph, in relation to Scotland, references to a person lacking or having capacity to consent or renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of consenting or renewing consent. (11C) (1) This paragraph applies where— (a) an embryo, the creation of which was brought about in vitro, is in storage, (b) the embryo is being kept for use for the purposes of providing treatment services to— (i) a person (“P”) whose gametes or human cells were used to bring about the creation of the embryo, or (ii) P and another person together, (c) P’s consent to the storage of the embryo is required under paragraph 8(2), and (d) there is effective consent from P to the storage of the embryo. (2) The person keeping the embryo in storage (“K”) must, in each consent period, request P to renew consent to storage of the embryo within the renewal period. For the meaning of “consent period” and “renewal period”, see paragraph 11D. (3) A request under sub-paragraph (2) must be given in writing before the start of the renewal period. (4) The duty in sub-paragraph (2) ceases to apply if— (a) K is notified that P has died, or (b) K is notified under paragraph 4A(1)(c) of the withdrawal of a person’s consent to storage of the embryo. (5) The duty in sub-paragraph (2) does not apply in relation to any consent period if— (a) K has at any time been informed in writing that P has been certified as lacking capacity to renew consent to storage of the embryo, and (b) K has not subsequently been informed in writing, before the start of the renewal period which relates to that consent period, that P has been certified as having capacity to renew consent to storage of the embryo. (6) P renews consent by informing K in writing that P consents to the storage of the embryo. (7) If P’s consent is not renewed under sub-paragraph (6) before the end of the consent period, K must, as soon as possible after the end of that period, give a notice to P stating that if P does not renew consent before the end of the renewal period, the embryo will be removed from storage and disposed of. (8) P’s consent to the storage of the embryo is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if— (a) K has complied with the requirements of sub-paragraphs (2) and (7) in relation to that consent period, and (b) P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period. But this is subject to sub-paragraphs (9) and (10). (9) If, in a case referred to in sub-paragraph (8)(a) and (b), P dies before the end of the renewal period— (a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but (b) if at the end of the period of 10 years beginning with the day on which P died there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time. (10) If, in a case referred to in sub-paragraph (8)(a) and (b), before the end of the renewal period P is certified as lacking capacity to renew consent— (a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but (b) if at the end of the period of 10 years beginning with the day on which P was so certified there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time. (11) But P’s consent is not to be taken as withdrawn under sub-paragraph (10)(b) if, before the time it would be taken to be withdrawn under that sub-paragraph— (a) P is certified as having capacity to renew consent to storage of the embryo, and (b) P renews consent to storage of the embryo by informing K in writing that P consents to its storage. (12) In a case where P has renewed consent under sub-paragraph (11)(b), this paragraph applies subsequently as if references to the consent period were to— (a) the period of 10 years beginning with the day on which P so renewed consent, and (b) each successive period of 10 years. (13) Where P’s consent is taken as withdrawn under this paragraph, K must, as soon as possible, take all reasonable steps to give notice of the withdrawal to each person whose gametes or human cells were used to bring about its creation. (14) Storage of the embryo remains lawful until— (a) the end of the period of 6 months beginning with the day on which P’s consent is taken as withdrawn under this paragraph, or (b) if, before the end of that period, K receives a notice from each person notified under sub-paragraph (13) stating that the person consents to the disposal of the embryo, the time at which the last of those notices was received. (11D) (1) For the purposes of paragraph 11C, each of the following is a “consent period”— (a) the period of 10 years beginning with the day on which the embryo is first placed in storage, and (b) each successive period of 10 years. (2) In paragraph 11C “the renewal period”, in relation to a consent period, means the period which— (a) begins 12 months before the end of the consent period, and (b) ends 6 months after the end of the consent period. (3) In paragraph 11C “certified” means certified in writing by a registered medical practitioner. (4) In paragraph 11C, in relation to Scotland, references to a person lacking or having capacity to renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of renewing consent.

PART 2 — Transitional provision

Interpretation

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• (1) In this Part of this Schedule—

• “the commencement day” means 1 July 2022;

• “the transitional period” means the period beginning with the commencement day and ending with 30 June 2024.

• (2) In this Part of this Schedule—

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990;

• “the 2009 Regulations” means the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (S.I. 2009/1582);

• “the 2020 Regulations” means the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020 (S.I. 2020/566).

• (3) In this Part of this Schedule—

• “gamete storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of gametes;

• “embryo storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of embryos;

• “storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of gametes, embryos or human admixed embryos;

• “pre-commencement”, in relation to a storage licence, or a storage licence of any description, means granted before the commencement day and “post-commencement” means granted on or after that day.

• (4) In this Part of this Schedule—

• “statutory storage period” has the same meaning as in the 1990 Act immediately before the commencement day;

• references to gametes, embryos and human admixed embryos have the same meaning as in that Act;

• “the training purpose”, “the research purpose” and “treatment purposes” have the same meanings as in section 14(3)(c) of that Act.

Application of Part 1 to material already in storage

9

• (1) The amendments in paragraphs 2 to 6 of this Schedule have effect in relation to pre-commencement storage licences under which gametes, embryos or human admixed embryos are kept in storage on or after the commencement day (as well as having effect in relation to post-commencement storage licences).

This is subject to sub-paragraphs (2) and (3).

• (2) In the case of a pre-commencement embryo storage licence, the condition imposed by section 14(3)(c) of the 1990 Act (as substituted by paragraph 2 of this Schedule) does not apply in relation to an embryo which, on the commencement day, is kept in storage for the training or research purpose but not for treatment purposes.

• (3) In the case of any pre-commencement storage licence, the condition imposed by section 14(1)(ca) of the 1990 Act (as substituted by paragraph 5 of this Schedule) applies only in relation to times on or after the commencement day.

10

The amendments made by paragraph 7 of this Schedule have effect in relation to the storage of gametes and embryos under a pre-commencement gamete or embryo storage licence, where the gametes or embryos are kept in storage on or after the commencement day (as well as having effect in relation to the storage of gametes and embryos under a post-commencement gamete or embryo storage licence).

Date of first storage

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• (1) This paragraph applies if the person storing gametes or an embyro under a pre-commencement gamete or embryo storage licence—

• (a) has, before the end of the transitional period, taken all reasonable steps to establish the date on which the gametes were or embryo was first placed in storage, but

• (b) is unable to establish that date.

• (2) The person may give a notice to each person whose consent to the storage is required under Schedule 3 to the 1990 Act specifying a date on which the gametes are or embryo is to be regarded as having been first placed in storage.

• (3) Where notice is given under sub-paragraph (2), the gametes are or embryo is to be regarded, for all purposes of the 1990 Act and this Part of this Schedule, as having been first placed in storage on the date specified in the notice.

Storage periods specified in pre-commencement storage licences

12

• (1) For the purposes of section 14(3)(a) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement gamete storage licence under which, on and after the commencement day, gametes are kept in storage is to be regarded as specifying the period of 55 years beginning with the day on which the gametes were first placed in storage.

• (2) For the purposes of section 14(3)(b) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement embryo storage licence under which, on and after the commencement day, an embryo is kept in storage for treatment purposes is to be regarded as specifying for those purposes the period of 55 years beginning with the day on which the embryo was first so kept.

Storage after expiry of pre-commencement consent

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• (1) If a pre-commencement consent to the storage of gametes or an embryo expires at any time in the transitional period, the storage of the gametes or embryo for the remainder of that period is not unlawful merely because of that fact.

• (2) In sub-paragraph (1)—

• (a) “pre-commencement consent” means consent given under Schedule 3 to the 1990 Act before the commencement day;

• (b) the reference to expiry of consent does not include withdrawal.

Storage with no effective consent prior to commencement

14

• (1) This paragraph applies in relation to the storage of gametes or an embryo under a pre-commencement gamete or embryo storage licence where, immediately before the commencement day, there is no effective consent to the storage by a relevant person.

• (2) The person keeping the gametes or embryo in storage must request the relevant person to give consent to the storage under Schedule 3 to the 1990 Act.

• (3) A request under sub-paragraph (2) must be given before 1 July 2023 in writing.

• (4) The storage of the gametes or embryo at any time before the end of the transitional period is not unlawful merely because there is no effective consent to the storage by the relevant person.

• (5) In this paragraph—

• “effective consent” means consent under Schedule 3 to the 1990 Act which has not been withdrawn;

• “relevant person” means a person whose consent is required under Schedule 3 to the 1990 Act to storage of the gametes or embryo.

Time for first renewal of consent

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• (1) This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence where the statutory storage period applicable immediately before the commencement day was provided for by—

• (a) regulation 4, 4A, 7 or 8 of the 2009 Regulations, or

• (b) regulation 4 of the 2020 Regulations.

• (2) For the purposes of paragraph 11A of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11B(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the relevant day were a reference to the period which—

• (a) begins with the relevant day, and

• (b) ends at the end of the statutory storage period referred to in sub-paragraph (1).

16

• (1) This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence where the statutory storage period applicable immediately before the commencement day was provided for by—

• (a) regulation 3, 3A, 5 or 6 of the 2009 Regulations, or

• (b) regulation 3 of the 2020 Regulations.

• (2) For the purposes of paragraph 11C of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11D(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the day on which the embryo was first placed in storage were a reference to the period which—

• (a) begins with the day on which the embryo was first so placed, and

• (b) ends at the end of the statutory storage period referred to in sub-paragraph (1).

Renewals falling due in the transitional period

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• (1) This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence in a case where—

• (a) paragraph 11A of Schedule 3 to the 1990 Act applies in relation to the storage, and

• (b) for the purposes of that paragraph, the first consent period (see paragraph 11B(1)(a) of that Schedule) ends in the transitional period.

• (2) Where this paragraph applies, paragraph 11A of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—

• (a) for sub-paragraphs (2) and (3) there were substituted—

(2) The person keeping the gametes in storage (“K”) must request P to renew consent to storage of the gametes before 1 July 2024. (3) A request under sub-paragraph (2) must— (a) be given in writing before 1 July 2023; (b) state that if P does not renew consent before 1 July 2024, the gametes will be removed from storage and disposed of.

;

• (b) in sub-paragraph (5)(b), for “the start of the renewal period which relates to that consent period” there were substituted “1 July 2023”;

• (c) sub-paragraph (7) were omitted;

• (d) for sub-paragraph (8) there were substituted—

(8) P’s consent to the storage of the gametes is to be taken as having been withdrawn at the beginning of 1 July 2024 if— (a) K has complied with sub-paragraph (2), and (b) P’s consent is not renewed under sub-paragraph (6) before 1 July 2024. But this is subject to sub-paragraphs (9) and (10).

;

• (e) in sub-paragraphs (9) and (10), references to the end of the renewal period were to 1 July 2024.

18

• (1) This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence in a case where—

• (a) paragraph 11C of Schedule 3 to the 1990 Act applies in relation to the storage, and

• (b) for the purposes of that paragraph, the first consent period (see paragraph 11D(1)(a) of that Schedule) ends in the transitional period.

• (2) Where this paragraph applies, paragraph 11C of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—

• (a) for sub-paragraphs (2) and (3) there were substituted—

(2) The person keeping the embryo in storage (“K”) must request P to renew consent to storage of the embryo before 1 July 2024. (3) A request under sub-paragraph (2) must— (a) be given in writing before 1 July 2023; (b) state that if P does not renew consent before 1 July 2024, the embryo will be removed from storage and disposed of.

;

• (b) in sub-paragraph (5)(b), for “the start of the renewal period which relates to that consent period” there were substituted “1 July 2023”;

• (c) sub-paragraph (7) were omitted;

• (d) for sub-paragraph (8) there were substituted—

(8) P’s consent to the storage of the embryo is to be taken as having been withdrawn at the beginning of 1 July 2024 if— (a) K has complied with sub-paragraph (2), and (b) P’s consent is not renewed under sub-paragraph (6) before 1 July 2024. But this is subject to sub-paragraphs (9) and (10).

;

• (e) in sub-paragraphs (9) and (10), references to the end of the renewal period were to 1 July 2024.

SCHEDULE 18

PART 1 — Programme services: watershed

Television programme services

1

After section 321 of the Communications Act 2003 insert—

(321A) (1) OFCOM must set standards by virtue of section 321(1)(b) prohibiting television programme services provided between 5.30 am and 9.00 pm from including advertisements for an identifiable less healthy food or drink product, except as provided for by subsection (3). (2) OFCOM must ensure that the prohibition provided for by the first standards set by virtue of subsection (1) takes effect from the beginning of 1 January 2023. (3) Standards set by virtue of subsection (1) must exempt from the prohibition imposed by them— (a) advertisements included in television programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME; (b) advertisements prescribed in any regulations made by the Secretary of State under this paragraph. (4) For the purposes of this section— (a) “advertisements” includes advertisements under a sponsorship agreement and anything else which, under a sponsorship agreement, is included in a television programme service, other than in a television programme; (b) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product; (c) a food or drink product is “less healthy” if— (i) it falls within a description specified in regulations made by the Secretary of State, and (ii) it is “less healthy” in accordance with the relevant guidance; (d) “the relevant guidance” is the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011; (e) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations. (5) Regulations under subsection (4)(e) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person). (6) The Secretary of State may, before the date specified in subsection (2), amend that subsection so as to substitute a later date for the date that is for the time being specified there. (7) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”. (8) Before making regulations under subsection (3)(b) or (7), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

On-demand programme services

2

After section 368F of the Communications Act 2003 insert—

(368FA) (1) From the beginning of 1 January 2023, on-demand programme services must not, between 5.30 am and 9.00 pm, include advertisements for an identifiable less healthy food or drink product. (2) The prohibition imposed by subsection (1) does not apply in relation to advertisements included in on-demand programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME. (3) The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1). (4) For the purposes of this section— (a) “advertisements” includes advertisements and sponsorship announcements (within the meaning given by section 368G(17)) under a sponsorship agreement; (b) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product; (c) a food or drink product is “less healthy” if— (i) it falls within a description specified in regulations made by the Secretary of State, and (ii) it is “less healthy” in accordance with the relevant guidance; (d) “the relevant guidance” means the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011; (e) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations. (5) Regulations under subsection (4)(e) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person). (6) The Secretary of State may, before the date specified in subsection (1), amend that subsection so as to substitute a later date for the date that is for the time being specified there. (7) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”. (8) Before making regulations under subsection (3) or (7), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

PART 2 — Online services: prohibition

3

In the Communications Act 2003, after Part 4B insert—

(368Z14) (1) From the beginning of 1 January 2023, a person must not pay for advertisements for an identifiable less healthy food or drink product to be placed on the internet. (2) Subsection (1) does not apply where the person paying is, at the time when the payment is made, a food or drink SME. (3) Subsection (1) does not apply— (a) in relation to advertisements which are directed solely at persons who are engaged in, or employed by, a business which involves or is associated with the manufacture or sale of food or drink, (b) in relation to advertisements included in on-demand programme services (as to which, see section 368FA), (c) in relation to advertisements included in services connected to regulated radio services, or (d) in relation to advertisements which are not intended to be accessed principally by persons in any part of the United Kingdom. (4) The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1). (5) For the purposes of this section— (a) paying includes providing any consideration (monetary or non-monetary); (b) “placed” includes continues to be placed; (c) paying for advertisements to be placed on the internet includes paying under a sponsorship agreement as result of which advertisements are placed on the internet; (d) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product; (e) a food or drink product is “less healthy” if— (i) it falls within a description specified in regulations made by the Secretary of State, and (ii) it is “less healthy” in accordance with the relevant guidance; (f) “the relevant guidance” is the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011; (g) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations; (h) “services connected to regulated radio services” has the meaning given by regulations made by the Secretary of State. (6) Regulations under subsection (5)(g) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person). (7) The Secretary of State may, before the date specified in subsection (1)— (a) amend that subsection so as to substitute a later date for the date that is for the time being specified there, and (b) make corresponding amendments to the references to that date in subsections (11) and (12). (8) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”. (9) Before making regulations under subsection (4) or (8), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (10) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (11) A person is to be treated as having contravened subsection (1) if— (a) at any time on or after 1 August 2021 but before 1 January 2023, the person made a payment for advertisements to be placed on the internet on or after 1 January 2023, and (b) if the payment had been made on 1 January 2023, the person would have contravened subsection (1). (12) Subsection (11) does not apply if the person— (a) has put in place arrangements to ensure that they are entitled to require that the advertisements are not placed on the internet on or after 1 January 2023, and (b) uses all reasonable endeavours to ensure that the advertisements are not so placed. (368Z15) (1) Where the appropriate regulatory authority determine that a person is contravening or has contravened section 368Z14 they may do one or both of the following— (a) give the person an enforcement notification; (b) impose a financial penalty on the person in accordance with section 368Z16. (2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless— (a) there are reasonable grounds for believing that a contravention of section 368Z14 is occurring or has occurred, and (b) they have allowed the person an opportunity to make representations about that apparent contravention. (3) An enforcement notification is a notification which— (a) specifies the determination made as mentioned in subsection (1), (b) imposes requirements on the person to take such steps for complying with section 368Z14 and for remedying the consequences of the contravention as may be specified in the notification, (c) fixes a reasonable period for the taking of those steps, and (d) sets out the reasons for the appropriate regulatory authority’s decision to give the enforcement notification. (4) The requirements specified in an enforcement notification may include requirements to do one or more of the following— (a) instruct or request specified persons to remove specified advertisements from the internet; (b) arrange for specified advertisements to be modified in specified ways. (5) A person to whom an enforcement notification is given must comply with it. (6) The duty under subsection (5) is enforceable in civil proceedings by the appropriate regulatory authority— (a) for an injunction, (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or (c) for any other appropriate remedy or relief. (7) If a person to whom an enforcement notification has been given does not comply with it, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368Z16. (368Z16) (1) The amount of a penalty imposed on a person under section 368Z15 is to be such amount not exceeding the maximum penalty as the appropriate regulatory authority determine to be— (a) appropriate, and (b) proportionate to the contravention in respect of which it is imposed. (2) The maximum penalty is— (a) in a case in which the person carries on a relevant business, an amount not exceeding the greater of— (i) 5% of the turnover of the person’s relevant business for the relevant period, and (ii) £250,000; (b) in any other case, £250,000. (3) For the purposes of this section— (a) a person’s “relevant business” is so much of any business carried on by the person as involves or is associated with the manufacture or sale of less healthy food or drink products; (b) “relevant period”, in relation to a person’s relevant business, means— (i) except in a case falling within sub-paragraph (ii) or (iii), the period of one year ending with the 31 March before the time at which the penalty is imposed; (ii) in the case of a person who at the time at which the penalty is imposed has been carrying on that business for a period of less than a year, the period, ending with that time, during which the person has been carrying it on; (iii) in the case of a person who at the time at which the penalty is imposed has ceased to carry on that business, the period of one year ending with the time when the person ceased to carry it on; (c) the amount of the turnover of a person’s relevant business for the relevant period is to be calculated by the appropriate regulatory authority in accordance with the following sub-paragraphs— (i) the amount is to be calculated in conformity with accounting practices and principles which are generally accepted in the United Kingdom; (ii) the amount is limited to the amounts derived by the person from the relevant business after deduction of sales rebates, value added tax and other taxes directly related to turnover; (iii) where the person’s relevant business consists of two or more undertakings that each prepare accounts, the amount is to be calculated by adding together the turnover of each, save that no account is to be taken of any turnover resulting from the supply of goods or the provision of services between them. (4) In determining the amount of a penalty under subsection (1) the appropriate regulatory authority must have regard to any statement published by OFCOM under section 392 (guidelines to be followed in determining amount of penalties). (5) A financial penalty imposed under this section, if not paid within the period fixed by the appropriate regulatory authority, is to be recoverable by the appropriate regulatory authority as a debt due to them from the person obliged to pay it. (6) Where a financial penalty is imposed under this section in respect of matters appearing to OFCOM to have a connection with Northern Ireland and no connection with the rest of the United Kingdom, the penalty must be paid into the Consolidated Fund of Northern Ireland. (7) In any other case, a financial penalty imposed under this section is to be paid into the Consolidated Fund of the United Kingdom. (368Z17) (1) The appropriate regulatory authority may give a person a notice demanding information that the authority require for the purpose of carrying out their functions under this Part. (2) The notice may relate to any information that the person appears to have or be able to generate. (3) A notice under this section must— (a) describe the required information, (b) fix a reasonable period within which the information is to be provided, and (c) set out the appropriate regulatory authority’s reasons for requiring it. (4) A notice under this section may specify the manner in which the information is to be provided. (5) The appropriate regulatory authority may not require the provision of information under this section unless they have given the person from whom it is required an opportunity of making representations to them about the matters appearing to them to provide grounds for making the request. (6) Section 368Z15 applies in relation to a failure to comply with a demand for information imposed under this section as if that failure were a contravention of section 368Z14. (7) In this section “information” includes copies of advertisements. (368Z18) (1) The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part. (2) The appropriate regulatory authority must consult the Secretary of State before drawing up or revising the guidance. (3) The appropriate regulatory authority must publish the guidance and any revised guidance in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it. (368Z19) (1) OFCOM may designate any body corporate to be, to the extent provided by the designation, the appropriate regulatory authority for the purposes of any provision of this Part, subject to subsection (9). (2) To the extent that no body is designated for a purpose, OFCOM is the appropriate regulatory authority for that purpose. (3) Where a body is designated for a purpose, OFCOM may act as the appropriate regulatory authority for that purpose concurrently with or in place of that body. (4) OFCOM may provide a designated body with assistance (including financial assistance) in connection with any of the functions of the body under this Part. (5) A designation may in particular— (a) provide for a body to be the appropriate regulatory authority in relation to advertisements of a specified description; (b) provide that a function of the appropriate regulatory authority is exercisable by the designated body— (i) to such extent as may be specified; (ii) either generally or in such circumstances as may be specified; (iii) either unconditionally or subject to such conditions as may be specified. (6) The conditions that may be specified pursuant to subsection (5)(b)(iii) include a condition to the effect that a function may, generally or in specified circumstances, be exercised by the body only with the agreement of OFCOM. (7) A designation has effect for such period as may be specified and may be revoked by OFCOM at any time. (8) OFCOM must publish any designation in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it. (9) OFCOM may not designate a body unless, as respects that designation, they are satisfied that the body— (a) is a fit and proper body to be designated, (b) has consented to being designated, (c) has access to financial resources that are adequate to ensure the effective performance of its functions as the appropriate regulatory authority (taking into account any financial assistance that OFCOM intends to provide under subsection (4)), (d) is sufficiently independent of persons who carry on business that involves or is associated with the manufacture or sale of less healthy food or drink products, and (e) will, in performing any function to which the designation relates, have regard in all cases— (i) to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and (ii) to such of the matters mentioned in section 3(4) as appear to the body to be relevant in the circumstances. (10) Subject to any enactment or rule of law restricting the disclosure or use of information by OFCOM or by a designated body— (a) a designated body may provide information to another designated body for use by that other body in connection with any of its functions as the appropriate regulatory authority; (b) a designated body may provide information to OFCOM for use by OFCOM in connection with any of their functions under this Part; (c) OFCOM may provide information to a designated body for use by that body in connection with any of its functions as the appropriate regulatory authority. (11) In carrying out their functions as the appropriate regulatory authority, a designated body may carry out, commission or support (financially or otherwise) research. (12) In this section— - “designation” means a designation under this section and cognate expressions are to be construed accordingly; - “specified” means specified in a designation. (368Z20) (1) The Secretary of State may by regulations amend this Part for the purpose of prohibiting persons from doing either or both of the following (so far as not already prohibited)— (a) placing on the internet advertisements for an identifiable less healthy food or drink product; (b) making arrangements for advertisements for an identifiable less healthy food or drink product to be placed on the internet. (2) For the purposes of subsection (1)— (a) “placing” includes leaving in place; (b) “placed” includes continues to be placed. (3) The provision which may be made by regulations under subsection (1) by virtue of section 402(3)(c) includes provision repealing, revoking or amending provision made by or under any of the following whenever passed or made— (a) an Act; (b) an Act of the Scottish Parliament; (c) a Measure or Act of Senedd Cymru; (d) Northern Ireland legislation. (4) Before making regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (368Z21) In this Part— - “appropriate regulatory authority” is to be construed in accordance with section 368Z19; - “less healthy”, in relation to a food or drink product, has the meaning given by section 368Z14(5)(e).

PART 3 — Consequential amendments

4

The Communications Act 2003 is amended as follows.

5

In section 368C (on-demand programme services: duties of the appropriate regulatory authority), after subsection (5) insert—

(6) The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part in relation to the prohibition imposed by section 368FA (advertising: less healthy food and drink). (7) The appropriate regulatory authority must consult the Secretary of State before drawing up or revising guidance under subsection (6).

6

In section 402(2) (instruments subject to negative procedure) —

• (a) in paragraph (a) omit “or regulations under section 368BC”;

• (b) after paragraph (a) insert—

(aza) regulations under— (i) section 321A(7) (see subsection (9) of that section), (ii) section 368BC (see subsection (7) of that section), (iii) section 368FA(7) (see subsection (9) of that section), (iv) section 368Z14(8) (see subsection (10) of that section), or (v) section 368Z20 (see subsection (5) of that section),

.

SCHEDULE 19

Introduction

1

This Schedule is about the provision that may be made by regulations under section 180.

Grant of licence

2

The regulations may—

• (a) require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;

• (b) require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

3

The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.

Licence conditions

4

• (1) The regulations may make provision for the grant of a licence subject to conditions.

• (2) Provision of the kind mentioned in sub-paragraph (1) may—

• (a) enable a local authority to attach conditions to a licence;

• (b) require a local authority to attach to a licence a condition specified in the regulations.

Duration of licence etc

5

• (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.

• (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.

Reviews and appeals

6

The regulations may make provision for—

• (a) the review of decisions under the regulations;

• (b) appeals against decisions under the regulations.

Offences

7

• (1) The regulations may create offences in relation to—

• (a) the breach of a prohibition imposed by virtue of section 180(1);

• (b) the breach of a condition attached to a licence;

• (c) the provision of false or misleading information to a local authority in connection with anything done under the regulations.

• (2) The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.

Financial penalties

8

• (1) The regulations may confer power on a local authority to impose a financial penalty in relation to—

• (a) the breach of a prohibition imposed by virtue of section 180(1);

• (b) the breach of a condition attached to a licence.

• (2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

• (3) If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.

• (4) If the regulations confer power to impose a financial penalty they must include provision—

• (a) requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;

• (b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;

• (c) requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;

• (d) requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;

• (e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;

• (f) as to the powers of the court or tribunal on such an appeal.

• (5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—

• (a) enabling a notice of intent or final notice to be withdrawn or amended;

• (b) requiring the local authority to withdraw a final notice in circumstances specified in the regulations;

• (c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;

• (d) as to how financial penalties are recoverable.

Enforcement

9

The regulations may confer on a local authority the function of enforcing the regulations in its area.

Fees

10

The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).

Guidance

11

The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.

Interpretation

12

• (1) In this Schedule—

• “grant”, in relation to a licence, includes vary or renew;

• “licence” means a personal licence or premises licence;

• “personal licence” has the meaning given by section 180(2);

• “premises licence” has the meaning given by section 180(2).

• (2) Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.

Expansion of NHS England’s duties in respect of expenditure

Financial responsibilities of integrated care boards and their partners

Expansion of financial duties of integrated care boards and their partners

Care Quality Commission reviews etc of integrated care system

Integrated care system: further amendments

Abolition of Monitor and transfer of functions to NHS England

Exercise by NHS England of new regulatory functions

Modification of standard licence conditions

Abolition of NHS Trust Development Authority

Merger of bodies: consequential amendment

Transfer schemes in connection with abolished bodies

Transfer schemes under section 38: taxation

Duties in respect of research

Report on assessing and meeting workforce needs

Arrangements for exercise of public health functions

Power of direction: public health functions

Power of direction: investigation functions

General power to direct NHS England

Reconfiguration of services: intervention powers

Review into NHS supply chains

NHS trusts in England

Removal of power to appoint trust funds and trustees

Sections 48 and 49: consequential amendments

Licensing of NHS trusts

NHS trusts: wider effect of decisions

NHS trusts: duties in relation to climate change

Oversight and support of NHS trusts

Directions to NHS trusts

Recommendations about restructuring of NHS trusts

Intervention in NHS trusts

NHS trusts: conversion to NHS foundation trusts and dissolution

Appointment of chair of NHS trusts

Licensing of NHS foundation trusts

Capital spending limits for NHS foundation trusts

Accounts, reports and forward plans

NHS foundation trusts: joint exercise of functions

NHS foundation trusts: mergers, acquisitions and separations

Transfers on dissolution of NHS foundation trusts

NHS foundation trusts: wider effect of decisions

NHS foundation trusts: duties in relation to climate change

Transfer schemes between trusts

Trust special administrators

Joint working and delegation arrangements

References to functions: treatment of delegation arrangements etc

Repeal of duties to promote autonomy

Guidance about joint appointments

Co-operation by NHS bodies etc

Wider effect of decisions: licensing of health care providers

The NHS payment scheme

Regulations as to patient choice

Procurement regulations

Procurement and patient choice: consequential amendments etc

Eradicating slavery and human trafficking in supply chains

Duty to provide assistance to the CMA

Mergers of providers: removal of CMA powers

Removal of functions relating to competition etc

Removal of CMA’s involvement in licensing etc

Special Health Authorities: removal of 3 year limit

Tidying up etc provisions about accounts of certain NHS bodies

Meaning of “health” in NHS Act 2006

Repeal of spent powers to make transfer schemes etc

Abolition of Local Education and Training Boards

Hospital patients with care and support needs: repeals etc

Information about payments etc to persons in the health care sector

Regulations under section 92: enforcement

Regulations under section 92: consent

Information standards

Sharing anonymous health and social care information

General duties of the Health and Social Care Information Centre etc

Collection of information from private health care providers

Collection of information about adult social care

Enforcement of duties against private providers

Medicine information systems

Relevant bodies and Special Health Authorities

Power to transfer functions between bodies

Power to provide for exercise of functions of Secretary of State

Scope of powers

Transfer schemes in connection with regulations

Transfer schemes: taxation

Consent and consultation

Establishment of the HSSIB

Investigation of incidents with safety implications

Deciding which incidents to investigate

Criteria, principles and processes

Final reports

Interim reports

Draft reports

Response to reports

Admissibility of reports

Powers of entry, inspection and seizure

Powers to require information etc

Voluntary provision of information etc

Offences relating to investigations

Prohibition on disclosure of HSSIB material

Exceptions to prohibition on disclosure

Offences of unlawful disclosure

Restriction of statutory powers requiring disclosure

Co-operation

Assistance of NHS bodies

Investigations relating to Wales and Northern Ireland

Failure to exercise functions

Review

Offences by partnerships

Obligations of confidence etc

Consequential amendments relating to Part 4

Interpretation of Part 4

Offence of virginity testing: England and Wales

Offence of offering to carry out virginity testing: England and Wales

Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales

Virginity testing offences in England and Wales: penalties

Offence of virginity testing: Scotland

Offence of offering to carry out virginity testing: Scotland

Offence of aiding or abetting etc a person to carry out virginity testing: Scotland

Virginity testing offences in Scotland: penalties and supplementary

Offence of virginity testing: Northern Ireland

Offence of offering to carry out virginity testing: Northern Ireland

Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland

Virginity testing offences in Northern Ireland: penalties

Offence of carrying out hymenoplasty: England and Wales

Offence of offering to carry out hymenoplasty: England and Wales

Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales

Hymenoplasty offences in England and Wales: penalties

Offence of carrying out hymenoplasty: Scotland

Offence of offering to carry out hymenoplasty: Scotland

Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland

Hymenoplasty offences in Scotland: penalties and supplementary

Offence of carrying out hymenoplasty: Northern Ireland

Offence of offering to carry out hymenoplasty: Northern Ireland

Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland

Hymenoplasty offences in Northern Ireland: penalties

Consequential amendments relating to Part 5

International healthcare arrangements

Regulation of local authority functions relating to adult social care

Default powers of Secretary of State in relation to adult social care

Care Quality Commission’s powers in relation to local authority failings

Cap on care costs for charging purposes

Provision of social care services: financial assistance

Regulation of health care and associated professions

Medical examiners

Commercial dealings in organs for transplantation: extra-territorial offences

Storage of gametes and embryos

Advertising of less healthy food and drink

Hospital food standards

Food information for consumers: power to amend retained EU law

Fluoridation of water supplies

Fluoridation of water supplies: transitional provision

Review into disputes relating to treatment of critically ill children

Early medical termination of pregnancy

Child safeguarding etc in health and care: policy about information sharing

Licensing of cosmetic procedures

Mandatory training on learning disability and autism

Power to make consequential provision

Regulations

Financial provision

Extent

Commencement

Short title

General

House of Commons Disqualification Act 1975

Access to Health Records Act 1990

Trade Union and Labour Relations (Consolidation) Act 1992

Employment Rights Act 1996

National Health Service Act 2006

Corporation Tax Act 2010

Equality Act 2010

Health and Social Care Act 2012

Local Audit and Accountability Act 2014

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Housing (Wales) Act 2014 (anaw 7)

Cities and Local Government Devolution Act 2016

Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

Domestic Abuse Act 2021

Police and Criminal Evidence (Northern Ireland) Order 1989

Power to require NHS England to continue to exercise certain primary care functions

Medical services

Dental services

Ophthalmic services

Pharmaceutical services

Access to Health Records Act 1990

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

Public Records Act 1958

Public Bodies (Admission to Meetings) Act 1960

Leasehold Reform Act 1967

Parliamentary Commissioner Act 1967

Health Services and Public Health Act 1968

Employers’ Liability (Compulsory Insurance) Act 1969

Disclosures for purposes of investigations

Local Government Act 1972

Health and Safety at Work etc. Act 1974

National Health Service (Scotland) Act 1978

Mental Health Act 1983

Acquisition of Land Act 1981

Disabled Persons (Services, Consultation and Representation) Act 1986

Copyright, Designs and Patents Act 1988

Children Act 1989

National Health Service and Community Care Act 1990

London Local Authorities Act 1991

Health Service Commissioners Act 1993

Value Added Tax Act 1994

Education Act 1996

Employment Rights Act 1996

Housing Grants, Construction and Regeneration Act 1996

Crime and Disorder Act 1998

Greater London Authority Act 1999

Health Act 1999

Freedom of Information Act 2000

Local Government Act 2000

Adoption and Children Act 2002

International Development Act 2002

Nationality, Immigration and Asylum Act 2002

Criminal Justice Act 2003

Finance Act 2003

Health and Social Care (Community Health and Standards) Act 2003

Children Act 2004

Civil Contingencies Act 2004

Domestic Violence, Crime and Victims Act 2004

Mental Capacity Act 2005

Armed Forces Act 2006

Childcare Act 2006

Emergency Workers (Obstruction) Act 2006

National Health Service Act 2006

National Health Service (Wales) Act 2006

NHS Redress Act 2006

Safeguarding Vulnerable Groups Act 2006

Corporate Manslaughter and Corporate Homicide Act 2007

Local Government and Public Involvement in Health Act 2007

Statistics and Registration Service Act 2007

Education and Skills Act 2008

Health and Social Care Act 2008

Autism Act 2009

Health Act 2009

Corporation Tax Act 2010

Equality Act 2010

Charities Act 2011

Health and Social Care Act 2012

Anti-social Behaviour, Crime and Policing Act 2014

Care Act 2014

Children and Families Act 2014

Immigration Act 2014

Local Audit and Accountability Act 2014

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Housing (Wales) Act 2014 (anaw 7)

Counter-Terrorism and Security Act 2015

Cities and Local Government Devolution Act 2016

Data Protection Act 2018

Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

Network and Information Systems Regulations 2018 (S.I. 2018/506)

NHS Funding Act 2020

Domestic Abuse Act 2021

Police, Crime, Sentencing and Courts Act 2022

General

Public Bodies (Admission to Meetings) Act 1960

Parliamentary Commissioner Act 1967

Superannuation Act 1972

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Employment Rights Act 1996

Freedom of Information Act 2000

National Health Service Act 2006

National Health Service (Wales) Act 2006

Health and Social Care Act 2008

Health Act 2009

Equality Act 2010

Health and Social Care Act 2012

Local Audit and Accountability Act 2014

Mental Health Units (Use of Force) Act 2018

Domestic Abuse Act 2021

In the National Health Service Act 2006, after Schedule 10 insert—

Value Added Tax Act 1994

Finance Act 2003

National Health Service Act 2006

National Health Service (Wales) Act 2006

Health and Social Care Act 2012

Finance Act 2012

Local Audit and Accountability Act 2014

Finance Act 2015

NHS (Charitable Trusts Etc) Act 2016

National Health Service Act 2006

Health and Social Care Act 2008

Local Government Act 1974

Children Act 1989

National Health Service and Community Care Act 1990

Adoption and Children Act 2002

Health and Social Care (Community Health and Standards) Act 2003

National Health Service Act 2006

Local Government and Public Involvement in Health Act 2007

Health and Social Care Act 2008

Health and Social Care Act 2012

After Schedule 1 to the National Health Service Act 2006 insert—

Company Directors Disqualification Act 1986

Competition Act 1998

Enterprise Act 2002

Health and Social Care Act 2012

Enterprise and Regulatory Reform Act 2013

Care Act 2014

Status

Membership

The Chief Investigator: appointment and status

Other executive members: appointment and status

Non-executive members: tenure

Non-executive members: suspension from office

Non-executive members: payment

Staff

Procedure

Committees

Exercise of functions

Assistance in exercise of functions

Funding

Supplementary powers

Use of income from charges

Losses and liabilities etc

Accounts

Reports and other information

Seal and signature

Disclosures for purposes of investigations

Disclosures relating to prosecution or investigation of offences

Disclosures relating to safety risks

Disclosure by order of the High Court

Exercise of Chief Investigator’s functions

Guidance

Public Records Act 1958 (c. 51)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Copyright, Designs and Patents Act 1988 (c. 48)

Freedom of Information Act 2000 (c. 36)

National Health Service Act 2006 (c. 41)

Health Act 2009 (c. 21)

Equality Act 2010 (c. 15)

Police and Criminal Evidence Act 1984

Police and Criminal Evidence (Northern Ireland) Order 1989

Criminal Justice and Public Order Act 1994

Criminal Procedure (Scotland) Act 1995

Crime and Disorder Act 1998

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)

Modern Slavery Act 2015

Introductory

Maximum storage periods

Disposal of material

Consent to storage

Interpretation

Application of Part 1 to material already in storage

Date of first storage

Storage periods specified in pre-commencement storage licences

Storage after expiry of pre-commencement consent

Storage with no effective consent prior to commencement

Time for first renewal of consent

Renewals falling due in the transitional period

Television programme services

On-demand programme services

Introduction

Grant of licence

Licence conditions

Duration of licence etc

Reviews and appeals

Offences

Financial penalties

Enforcement

Fees

Guidance

Interpretation

Editorial notes