Health (Miscellaneous Provisions) Bill

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Health (Miscellaneous Provisions) Bill

CONTENTS

PART 1

sale of nicotine products and tobacco

1. Prohibition of sale of nicotine products to persons under 18

2. Prohibition of sale of nicotine products from vending machines

3. Amendments consequential on sections 1 and 2

4. Amendment of the Order of 1991

5. Interpretation of Part 1

PART 2

Miscellaneous provisions

6. Persons performing primary dental services

7. Ophthalmic services

8. Pharmaceutical services

9. Disqualification by the Tribunal

10. Provision of medical or dental services: Article 15B arrangements

11. Charges for services provided to persons not ordinarily resident in Northern Ireland

PART 3

general

12. Interpretation

13. Regulations and orders

14. Repeals

15. Commencement

16. Short title

SCHEDULES:

Schedule 1 Amendments consequential on sections 1 and 2

Schedule 2 Repeals

Part 1 Repeals coming into operation under section 15(2)

Part 2 Repeals coming into operation under section 15(3)

A

B i l l

to

Regulate the sale of nicotine products and tobacco, to amend the Health and Personal Social Services (Northern Ireland) Order 1972 and the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 in relation to the provision of health care; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1

sale of nicotine products and tobacco

Prohibition of sale of nicotine products to persons under 18

1.—(1) The Department may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.

(2) A person who breaches a prohibition in regulations under subsection (1) commits an offence.

(3) Subsection (2) does not apply if⁠—

(a) at the time of the sale, the person to whom the nicotine product is sold is employed by a manufacturer of nicotine products to which regulations under subsection (1) apply or by a dealer in such products (whether wholesale or retail); and

(b) the purchase of the product is for the purposes of the manufacturer’s or dealer’s business.

(4) Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) The Department may by regulations⁠—

(a) amend Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (purchase of tobacco on behalf of persons under 18) so as to apply it (with or without modifications) in relation to nicotine products; or

(b) provide for that Article to apply (with or without modifications) in relation to nicotine products.

Prohibition of sale of nicotine products from vending machines

2.—(1) The Department may by regulations make provision prohibiting the sale of nicotine products from an automatic machine.

(2) The regulations must make provision as to the persons who are liable in the case of any breach of a prohibition.

(3) A liable person who breaches a prohibition in regulations under subsection (1) commits an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Amendments consequential on sections 1 and 2

3.—(1) Schedule 1 makes amendments consequential on sections 1 and 2.

(2) The Department may by regulations make provision amending, repealing, revoking or otherwise modifying any statutory provision (whenever passed or made) in connection with provision made by or under section 1 or 2.

Amendment of the Order of 1991

4. In Article 4A(4) of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (prohibition of sale of tobacco from vending machines), for “level 4” substitute “level 5”.

Interpretation of Part 1

5.—(1) For the purposes of this Part “nicotine product” means⁠—

(a) a device which is intended to enable nicotine to be consumed by an individual or otherwise to be delivered into the human body;

(b) an item which is intended to form part of a device within paragraph (a); or

(c) a substance or item which consists of or contains nicotine and which is intended for human consumption or otherwise to be delivered into the human body.

(2) It does not matter for the purposes of subsection (1)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.

(3) The following are not nicotine products for the purposes of this Part⁠—

(a) tobacco;

(b) cigarette papers;

(c) any device which is intended to be used for the consumption of lit tobacco.

(4) In this section “tobacco” has the same meaning as in Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978.

PART 2

Miscellaneous provisions

Persons performing primary dental services

6.—(1) Section 2(2) of the Act of 2008, which substitutes new Articles 61 to 61F of the Order of 1972, is amended as follows.

(2) Before the new Article 61F (persons providing general dental services), insert new cross-heading “Persons performing primary dental services”.

(3) In the new Article 61F⁠—

(a) for the heading substitute “Persons performing primary dental services”;

(b) for paragraph (1) substitute⁠—

“(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary dental service for which the Regional Board is responsible unless that professional is included in a list maintained under the regulations by the Regional Board.”;

(c) for paragraph (2)(b) substitute⁠—

“(b) the Regional Board is responsible for a primary dental service if it provides the service, or secures provision of the service, under or by virtue of Article 60A.”.

Ophthalmic services

7.—(1) In Article 62(2) of the Order of 1972 (arrangements for general ophthalmic services), after “shall include provision” insert⁠—

“(a) for the preparation and publication of lists of medical practitioners, and ophthalmic opticians respectively, who undertake to provide general ophthalmic services;

(b) for conferring a right, subject to any provision made under Article 64C and to the provisions of this Order relating to the disqualification of persons providing services, on any medical practitioner having the prescribed qualifications or ophthalmic optician who wishes to be included in the appropriate list, to be so included;

(c) for conferring on any medical practitioner, who is dissatisfied with a determination that he or she does not possess the qualifications prescribed under this Article, a right of appeal to a committee appointed by the Department, and for making provision for any matter for which it appears to the Department to be necessary or expedient to make provision in consequence of the conferring of that right;”.

(2) Omit Article 62A of the Order of 1972.

Pharmaceutical services

8.—(1) Article 63AA of the Order of 1972 (persons providing pharmaceutical services) is amended as follows.

(2) Omit paragraph (1).

(3) In paragraphs (2) and (3), for “Regulations under paragraph (1)” substitute “Regulations under Article 63”.

(4) In paragraph (2), before sub-paragraph (a) insert⁠—

“(za) for the preparation, publication and maintenance of lists of persons, other than medical practitioners or dental practitioners, who undertake to provide pharmaceutical services;”.

(5) After paragraph (3) insert⁠—

“(3A) Regulations under Article 63 shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of paragraph (2) or (3).

(3B) Regulations under Article 63 shall be framed as to preclude⁠—

(a) a person included in a list under paragraph (2)(za), and

(b) an employee of such a person,

from taking part in the decision whether an application such as is mentioned in paragraph (2)(b) should be granted or an appeal against such a decision brought by virtue of paragraph (3A) should be allowed.”.

(6) Omit paragraphs (4) and (5).

Disqualification by the Tribunal

9.—(1) Schedule 11 to the Order of 1972 (disqualification of persons providing Part 6 services) is amended as follows⁠—

(a) for paragraph 1(2) substitute⁠—

“(2) Subject to the provisions of this paragraph, if the Tribunal receives from the Regional Board representations that a person⁠ who has applied to be included in any list, or who is included in any list, meets any of the conditions for disqualification which may apply in that person’s case, the Tribunal must inquire into the case.”;

(b) for paragraph 1(6) substitute⁠—

“(6) The first condition for disqualification is that⁠—

(a) in relation to a list referred to in sub-paragraph (8)(a) or (c), the inclusion or continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list perform; or

(b) in relation to a list referred to in sub-paragraph (8)(d) or (e), the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide.”;

(c) in paragraph 1(7A), at the beginning insert “Subject to sub-paragraph (7B),”;

(d) after paragraph 1(7A) insert⁠—

“(7B) The third condition for disqualification only applies to cases where a person is included in, or has applied to be included in, a list referred to in paragraph (8)(a) or (c).”;

(e) in paragraph 1(8)(c), omit “and bodies corporate”;

(f) for paragraph 1(8)(d) substitute⁠—

“(d) a list of medical practitioners and ophthalmic opticians undertaking to provide general ophthalmic services;”;

(g) for paragraph 1(8)(e) substitute⁠—

“(e) a list of persons undertaking to provide pharmaceutical services;”;

(h) in paragraph 1(8A), for “sub-paragraph (8)(a)” substitute “sub-paragraph (8)”;

(i) in paragraph 2(1), omit “or, as the case may be, the third condition for disqualification”;

(j) omit paragraph 2(1A);

(k) in paragraph 2(3)(a), omit “, assisting in providing,”;

(l) in paragraph 2(3)(b), omit “assistance in the provision”;

(m) for paragraph 3(2) substitute⁠—

“(2) The Tribunal must disqualify the person for inclusion in the list to which the case relates.”;

(n) in paragraph 4(2)(c)(i), omit “, undertakes to provide or assists in providing”;

(o) in paragraph 4(5)(aa), for “, 61F, 62A or 63AA” substitute “ or 61F”;

(p) in paragraph 5(4), after “providing,” insert “approved to assist in providing”;

(q) in paragraph 7(1)(a), for “, approved to assist in providing or approved to perform” substitute “or approved to assist in providing”;

(r) in paragraph 9(8), for “61F, 62A or 63A,” substitute “or 61F,”.

(2) Until the coming into operation of section 2 of the Act of 2008, Schedule 11 to the Order of 1972 (as amended by subsection (1)) has effect with the following modifications⁠—

(a) in paragraph 1(6)(a), omit “or (c)”;

(b) in paragraph 1(6)(b), for “(d) or (e)” substitute “(c), (d) or (e)”;

(c) in paragraph 1(7B), omit “or (c)”;

(d) for paragraph 1(8)(c) substitute⁠—

“(c) a list of dental practitioners undertaking to provide general dental services;”

Provision of medical or dental services: Article 15B arrangements

10.—(1) In Article 15B(4) of the Order of 1972, after “in relation to” insert “primary medical services or”.

(2) For Article 15C(1)(b)(iii) of the Order of 1972 substitute⁠—

“(iii) an individual who is providing services⁠—

(A) under a general medical services contract or a general dental services contract;

(B) in accordance with Article 15B arrangements, section 92 arrangements, section 107 arrangements, section 50 arrangements, section 64 arrangements or section 17C arrangements; or

(C) under section 17J or 25 of the National Health Service (Scotland) Act 1978, section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;

or has so provided them within such period as may be prescribed;”.

(3) In Article 15C(2) of the Order of 1972⁠—

(a) in the definition of “HSC employee”⁠—

(i) in paragraph (bc) for “(1)(bc)(iii)” substitute “(1)(b)(iii)(C)”;

(ii) at the end of paragraph (bc) add “or (1)(c)(iii)(C)”;

(b) in the definition of “qualifying body”, in paragraph (b) for “personal dental services” substitute “primary dental services”;

(c) at the appropriate place alphabetically insert⁠—

““section 17C arrangements” means arrangements for the provision of services under section 17C of the National Health Service (Scotland) Act 1978;”;

““section 92 arrangements” means arrangements for the provision of services under section 92 of the National Health Service Act 2006;”;

““section 107 arrangements” means arrangements for the provision of services under section 107 of the National Health Service Act 2006;”;

““section 50 arrangements” means arrangements for the provision of services under section 50 of the National Health Service (Wales) Act 2006;”;

““section 64 arrangements” means arrangements for the provision of services under section 64 of the National Health Service (Wales) Act 2006;”;

(d) omit the definition of “section 28C employee”.

(4) Omit Article 15D(3)(j) of the Order of 1972.

(5) In section 5(3) of the Act of 2008, in the substituted Article 15C(1)(c) of the Order of 1972, for head (iii) substitute⁠—

“(iii) an individual who is providing services⁠—

(A) under a general dental services contract or a general medical services contract;

(B) in accordance with Article 15B arrangements, section 92 arrangements, section 107 arrangements, section 50 arrangements, section 64 arrangements or section 17C arrangements; or

(C) under section 17J or 25 of the National Health Service (Scotland) Act 1978, section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006;

or has so provided them within such period as may be prescribed;”.

Charges for services provided to persons not ordinarily resident in Northern Ireland

11. In Article 42(2) of the Order of 1972 (provision of services to persons not ordinarily resident in Northern Ireland), after “the Department may,” insert “subject to such exemptions as may be prescribed and”.

PART 3

general

Interpretation

12. In this Act⁠—

“the Act of 2008” means the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008;

“the Department” means the Department of Health, Social Services and Public Safety;

“the Order of 1972” means the Health and Personal Social Services (Northern Ireland) Order 1972;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Regulations and orders

13.—(1) No regulations shall be made under this Act unless a draft of the regulations has been laid before, and approved by, a resolution of the Assembly.

(2) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional, transitory or saving provisions as appear to the Department to be necessary or expedient.

Repeals

14. The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in the second column of that Schedule.

Commencement

15.—(1) This section and sections 12, 13 and 16 come into operation on the day after the day on which this Act receives Royal Assent.

(2) The following provisions come into operation on the expiration of the period of one month from the day on which this Act receives Royal Assent⁠—

(a) sections 6 to 9;

(b) section 10(3)(a)(i) and (5);

(c) section 11; and

(d) Part 1 of Schedule 2 and section 14 so far as it relates to that Part of that Schedule.

(3) The remaining provisions of this Act come into operation on such day or days as the Department may by order appoint⁠.

Short title

16. This Act may be cited as the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015.

SCHEDULES

SCHEDULE 1

Section 3(1).

Amendments consequential on sections 1 and 2

The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (NI 25)

1. In Article 6 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (enforcement action by district councils)⁠—

(a)in paragraph (1)(a), for “and Articles 4 and 5” substitute “, Articles 4 to 5 and sections 1 and 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015,”;

(b) after paragraph (1) insert⁠—

“(1A) Paragraph (1) applies in relation to section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015 only if regulations under subsection (1) of that section are for the time being in operation.”;

(c) after paragraph (1A) insert⁠—

“(1B) Paragraph (1) applies in relation to section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015 only if regulations under subsection (1) of that section are for the time being in operation.”.

The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4)

2. The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.

3. In the italic heading before section 5, after “tobacco” insert “or nicotine”.

4. In section 5 (restricted premises orders)⁠—

(a) in subsection (1)(a) and (b), after “tobacco” insert “or nicotine”;

(b) in subsection (4), for “or cigarette papers” substitute “, cigarette papers or nicotine products”;

(c) in subsection (5), for “or cigarette papers” substitute “, cigarette papers or nicotine products”;

(d) in subsection (8)(b)(i) and (ii), after “tobacco” insert “or nicotine”;

(e) in subsection (13)(a), after “tobacco” insert “or nicotine”;

(f) in subsection (14)⁠—

(i) for “tobacco offence” substitute “tobacco or nicotine offence”;

(ii) at the end of paragraph (e), omit the word “or”;

(iii) at the end of paragraph (f), add⁠—

“(g) an offence committed under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015 on any premises (which are accordingly “the premises in relation to which the offence is committed”);

(iv) at the end of paragraph (g), add⁠— “or

(h) an offence committed under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).

5. In section 6 (restricted sale orders)⁠—

(a) in subsection (1)(a) and (b), after “tobacco” insert “or nicotine”;

(b) in subsection (4)⁠—

(i) in paragraph (a), for “or cigarette papers” substitute “, cigarette papers or nicotine products”;

(ii) in paragraph (b), for “or cigarette papers” substitute “, cigarette papers or nicotine products”;

(iii) in each of paragraphs (c) and (d), omit “cigarette” in each place;

(iv) in each of those paragraphs, after “tobacco” insert “or nicotine products”;

(c) in subsection (6)(a) and (b), after “tobacco” insert “or nicotine”;

(d) in subsection (7), after “tobacco” insert “or nicotine”;

(e) for subsection (8) substitute⁠—

“(8) In this section any reference to a machine is a reference to an automatic machine for the sale of tobacco or nicotine products.”.

6. In section 8(4) (restricted premises orders: display of notices), for “or cigarette papers” substitute “, cigarette papers or nicotine products”.

7. In section 9 (restricted premises orders: no tobacco in retail area)⁠—

(a) in the heading, after “tobacco” insert “or nicotine products”;

(b) in subsection (2), for “or cigarette papers” substitute “, cigarette papers or nicotine products as the case may be”;

(c) in subsection (3), for “and cigarette papers” substitute “, cigarette papers and nicotine products”.

8. In section 10(4)(a) (offences), for “or cigarette papers” substitute “, cigarette papers or nicotine products”.

9. In section 11(1)(a) (powers of entry)⁠—

(a) after sub-paragraph (iii) add⁠—

“(iv) an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015;”;

(b) after sub-paragraph (iv) add⁠—

“(v) an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015.”.

10. In section 12(1) (fixed penalties for certain offences)⁠—

(a) after paragraph (c) add⁠—

“(d) an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015;”;

(b) after paragraph (d) add⁠—

“(e) an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015.”.

11. In section 16 (council’s duty to share information about enforcement)⁠, in subsections (1)(a) and (b) and (3), after “tobacco” insert “or nicotine”;

12. In section 22(1) (interpretation), insert at the appropriate place⁠—

““nicotine product” means a nicotine product within the meaning of section 5 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2015 the sale of which to persons aged under 18 is for the time being prohibited by regulations under section 1(1) of that Act;”.

SCHEDULE 2

Section 14.

Repeals

Part 1

Repeals coming into operation under section 15(2)

Part 2

Repeals coming into operation under section 15(3)