125 Restriction of statutory powers requiring disclosure
(1) A power under any enactment (whenever passed or made) other than this Part to require the disclosure of, or to seize, any information, document, equipment or other item may not be used—
(a) to require the disclosure of protected material by the HSSIB, or
(b) to seize protected material from the HSSIB.
(2) Subsection (1) applies to a power to require disclosure, or to seize, however it is expressed (and, for example, it applies if the power is to require a person to give, supply, furnish or produce any information, document, equipment or other item).
(3) Subsection (1) does not apply to a power to the extent that the provision conferring it is within the legislative competence of a devolved legislature.
(4) A provision is within the legislative competence of a devolved legislature if—
(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(b) it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could only be made with the consent of a Minister of the Crown);
(c) the provision—
(i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and
(ii) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(5) In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
(6) References to the HSSIB in subsection (1) include—
(a) an individual connected with the HSSIB, and
(b) an individual who was, but has ceased to be, connected with the HSSIB.
(1) This section applies where—
(a) the HSSIB is carrying out an investigation into a qualifying incident, and
(b) a listed person is also carrying out an investigation into the same or a related incident.
(2) The HSSIB and the listed person must co-operate with each other regarding practical arrangements for co-ordinating those investigations.
(3) The following are listed persons—
(a) an NHS foundation trust, an NHS trust or any other person providing NHS services;
(b) NHS England;
(c) an integrated care board;
(d) a Special Health Authority;
(e) the Care Quality Commission;
(f) the Health Research Authority;
(g) the Human Tissue Authority;
(h) the Human Fertilisation and Embryology Authority;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) the Health Service Commissioner for England;
(k) the Parliamentary Commissioner for Administration;
(l) any regulatory body;
(m) the Health and Safety Executive;
(n) the Commissioner for Patient Safety.
(4) The HSSIB must publish guidance about when a qualifying incident is to be regarded as related to another incident for the purposes of this section.
(5) If the HSSIB revises the guidance the HSSIB must publish it as revised.
(1) The HSSIB must comply with—
(a) any request by a relevant NHS body to provide it with assistance in connection with the carrying out of investigations into incidents occurring during the provision of NHS services or occurring at premises at which NHS services are provided;
(b) any request by NHS England to provide any other relevant NHS body with such assistance;
(c) any request by the Secretary of State to provide a relevant NHS body with such assistance.
(2) In subsection (1) “relevant NHS body” means—
(a) an NHS foundation trust;
(b) an NHS trust;
(c) NHS England;
(d) an integrated care board.
(3) For the purposes of this section giving assistance includes—
(a) disseminating information about best practice,
(b) developing standards to be adopted, and
(c) giving advice, guidance or training.
(4) Subsection (1) does not apply if—
(a) the assistance requested is giving advice, guidance or training, and
(b) the HSSIB determines that it is impracticable for it to give the assistance.
(5) The HSSIB may give assistance to a person other than a relevant NHS body in relation to any matter connected with the carrying out of investigations if the HSSIB has been requested to provide the assistance by the person to whom it is to be given.
(6) But the HSSIB may give assistance under subsection (5) only to the extent that the assistance does not to any significant extent interfere with the exercise by the HSSIB of its investigation function.
(7) The activities which the HSSIB may carry out in, or in connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom.
(8) The HSSIB may impose charges for or in connection with giving assistance under subsection (5).
(9) Charges under subsection (8) may be calculated on the basis that the HSSIB considers to be the appropriate commercial basis.
128 Investigations relating to Wales and Northern Ireland
(1) The HSSIB may enter into an agreement with any person for the HSSIB to carry out an investigation falling within subsection (2).
(2) An investigation falls within this subsection if—
(a) it is an investigation into one or more incidents that have occurred, or are occurring, in the United Kingdom—
(i) during the provision of any of the services mentioned in subsection (3), or
(ii) at premises at which any of those services are, or were, provided,
(b) the incident or incidents have or may have implications for the safety of persons for whom those services are provided,
(c) the investigation is carried out for the purpose of identifying risks to the safety of such persons and addressing those risks by facilitating the improvement of systems and practices in the provision of any of the services mentioned in subsection (3), and
(d) the investigation does not involve the assessment or determination of blame or civil or criminal liability.
(3) The services referred to in subsection (2) are—
(a) services provided for the purposes of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006, and
(b) health care, within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009, provided for the purposes of the system promoted under section 2(1) of that Act.
(4) The HSSIB may impose charges for providing services under an agreement under subsection (1).
(5) Those charges must not exceed the costs incurred by the HSSIB in providing the services.
(6) The HSSIB may enter into an agreement under subsection (1) only if it considers that the provision of the services under the agreement will not to any significant extent interfere with the exercise by the HSSIB of its investigation function.
(1) This section applies if the Secretary of State considers that—
(a) the HSSIB is failing or has failed to exercise any of its functions, and
(b) the failure is significant.
(2) The Secretary of State may direct the HSSIB to exercise such of its functions, in such manner and within such period, as the direction specifies.
(3) But the Secretary of State may not give a direction under subsection (2) which directs the outcome of a particular investigation.
(4) If the HSSIB fails to comply with a direction under subsection (2), the Secretary of State may—
(a) exercise the functions specified in the direction, or
(b) make arrangements for some other person to exercise them on the Secretary of State’s behalf.
(5) The reference in subsection (1)(a) to exercising a function includes a reference to exercising it properly.
(6) A direction under subsection (2)—
(a) must be in writing;
(b) may be varied or revoked by subsequent directions.
(1) Before the end of the period mentioned in subsection (2), the Secretary of State must—
(a) review the effectiveness of the exercise by the HSSIB of its investigation function,
(b) prepare and publish a report of the review, and
(c) lay the report before Parliament.
(2) The period is four years beginning with the day on which section 110 comes into force.
(1) Where an offence under this Part is committed by a body corporate and is proved—
(a) to have been committed with the consent or connivance of an officer of the body corporate, or
(b) to be attributable to any neglect on the part of an officer of the body corporate,
the officer (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.
(2) In subsection (1) “officer”, in relation to a body corporate, means—
(a) a director, manager, secretary or other similar officer, or
(b) any person purporting to act in any such capacity.
In paragraph (a) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(1) Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.
(2) Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.
(3) For the purposes of such proceedings Schedule 3 to the Magistrates’ Courts Act 1980 applies as it applies in relation to a body corporate.
(4) A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
(5) Where an offence is committed by a partnership and is proved—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on the part of a partner,
the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.
(6) In this section—
“offence” means an offence under this Part;
“partner” includes a person purporting to act as a partner.
(1) Subject to subsection (2), a disclosure of any information, document, equipment or other item which is required or authorised by or under section 119 or 120 or Schedule 14 does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on disclosure.
(2) Nothing in this Part operates to require or authorise a disclosure of information which would contravene the data protection legislation (but, for the purposes of this subsection, in determining whether a disclosure required or authorised by or under this Part would do so, take the requirement or authorisation into account).
In this Part—
“the 2006 Act” means the National Health Service Act 2006;
“Chief Investigator” means the person appointed in accordance with paragraph 3 of Schedule 13;
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
to “disclose”, in relation to information, documents, equipment and other items includes to permit access to such things;
“documents” includes personal and medical records;
“final report” means a report under section 113;
“health care services” means—
all forms of health care services provided for individuals, whether relating to physical or mental health, and
procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
“the HSSIB” has the meaning given by section 109(2);
“interim report” means a report under section 114;
“investigation”, except in the case of an investigation mentioned in section 126(1)(b), 127 or 128, means an investigation carried out by the HSSIB under section 110(1) and any related term is to be read accordingly;
the “investigation function” of the HSSIB is its function under section 110(1) (and see also section 111(1));
“investigator” means a person authorised by the HSSIB to carry out functions in relation to investigations on its behalf;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“NHS foundation trust” has the meaning given by section 30 of the 2006 Act;
“NHS services” means health care services provided in England for the purposes of the health service continued under section 1(1) of the 2006 Act;
“NHS trust” means a National Health Service trust established under section 25 of the 2006 Act;
“notice” means notice in writing;
“patients” means individuals for whom health care services are provided;
“premises” includes a vehicle;
“protected material” has the meaning given by section 122(2);
“qualifying incident” has the meaning given by section 110(5);
“regulatory body” means—
the General Medical Council,
the General Dental Council,
the General Optical Council,
the General Osteopathic Council,
the General Chiropractic Council,
the General Pharmaceutical Council,
the Nursing and Midwifery Council,
the Health and Care Professions Council, or
any other regulatory body, within the meaning of Schedule 3 to the Health Act 1999, established at any time by an Order in Council under section 60 of that Act;
“Special Health Authority” means a Special Health Authority established under section 28 of the 2006 Act.
136 Offence of virginity testing: England and Wales
(1) It is an offence under the law of England and Wales for a person to carry out virginity testing.
(2) “Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
(3) An offence is committed under subsection (1) only if the person—
(a) is in England and Wales, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in England and Wales.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
(5) In subsection (2), “female genitalia” means a vagina or vulva.
137 Offence of offering to carry out virginity testing: England and Wales
(1) It is an offence under the law of England and Wales—
(a) for a person in England and Wales to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in England and Wales.
(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 136(4);
“virginity testing” has the meaning given by section 136(2).
138 Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales
(1) It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.
(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 136 of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section 136(4);
“virginity testing” has the meaning given by section 136(2).
139 Virginity testing offences in England and Wales: penalties
(1) A person who commits an offence under section 136, 137 or 138 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) In subsection (1)(a) “the maximum summary term for either-way offences” means—
(a) in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
(b) in relation to an offence committed after that time, 12 months.
(1) It is an offence under the law of Scotland for a person to carry out virginity testing.
(2) “Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
(3) An offence is committed under subsection (1) only if the person—
(a) is in Scotland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
(5) In subsection (2), “female genitalia” means a vagina or vulva.
141 Offence of offering to carry out virginity testing: Scotland
(1) It is an offence under the law of Scotland—
(a) for a person in Scotland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Scotland.
(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 140(4);
“virginity testing” has the meaning given by section 140(2).
142 Offence of aiding or abetting etc a person to carry out virginity testing: Scotland
(1) It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of virginity testing that has a sufficient jurisdictional connection.
(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 140 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
(4) In this section—
“United Kingdom national” has the meaning given by section 140(4);
“virginity testing” has the meaning given by section 140(2).
143 Virginity testing offences in Scotland: penalties and supplementary
(1) A person who commits an offence under section 140, 141 or 142 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) Where a person outside Scotland commits an offence under section 140, 142 or 143 the person may be prosecuted, tried and punished for the offence—
(a) in a sheriff court district in which the person is apprehended or in custody, or
(b) in a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district.
(3) Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
(4) In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).
144 Offence of virginity testing: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person to carry out virginity testing.
(2) “Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
(3) An offence is committed under subsection (1) only if the person—
(a) is in Northern Ireland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
(5) In subsection (2), “female genitalia” means a vagina or vulva.
145 Offence of offering to carry out virginity testing: Northern Ireland
(1) It is an offence under the law of Northern Ireland—
(a) for a person in Northern Ireland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Northern Ireland.
(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 144(4);
“virginity testing” has the meaning given by section 144(2).
146 Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.
(2) Virginity testing has a sufficient jurisdictional connection fr the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 144 of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section 144(4);
“virginity testing” has the meaning given by section 144(2).
147 Virginity testing offences in Northern Ireland: penalties
A person who commits an offence under section 144, 145 or 146 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
148 Offence of carrying out hymenoplasty: England and Wales
(1) It is an offence under the law of England and Wales for a person to carry out hymenoplasty.
(2) “Hymenoplasty” means the reconstruction of the hymen (with or without consent).
(3) An offence is committed under subsection (1) only if the person—
(a) is in England and Wales, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in England and Wales.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
149 Offence of offering to carry out hymenoplasty: England and Wales
(1) It is an offence under the law of England and Wales—
(a) for a person in England and Wales to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in England and Wales.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 148(4);
“hymenoplasty” has the meaning given by section 148(2).
150 Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
(1) It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 148 of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section 148(4);
“hymenoplasty” has the meaning given by section 148(2).
151 Hymenoplasty offences in England and Wales: penalties
(1) A person who commits an offence under section 148, 149 or 150 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) In subsection (1)(a) “the maximum summary term for either-way offences” means—
(a) in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
(b) in relation to an offence committed after that time, 12 months.
152 Offence of carrying out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland for a person to carry out hymenoplasty.
(2) “Hymenoplasty” means the reconstruction of the hymen (with or without consent).
(3) An offence is committed under subsection (1) only if the person—
(a) is in Scotland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
153 Offence of offering to carry out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland—
(a) for a person in Scotland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Scotland.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 152(4);
“hymenoplasty” has the meaning given by section 152(2).
154 Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 152 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
(4) In this section—
“United Kingdom national” has the meaning given by section 152(4);
“hymenoplasty” has the meaning given by section 152(2).
155 Hymenoplasty offences in Scotland: penalties and supplementary
(1) A person who commits an offence under section 152, 153 or 154 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) Where a person outside Scotland commits an offence under section 152, 153 or 154 the person may be prosecuted, tried and punished for the offence—
(a) in a sheriff court district in which the person is apprehended or in custody, or
(b) in a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district.
(3) Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
(4) In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).
156 Offence of carrying out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person to carry out hymenoplasty.
(2) “Hymenoplasty” means the reconstruction of the hymen (with or without consent).
(3) An offence is committed under subsection (1) only if the person—
(a) is in Northern Ireland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
157 Offence of offering to carry out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland—
(a) for a person in Northern Ireland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Northern Ireland.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section 156(4);
“hymenoplasty” has the meaning given by section 156(2).
158 Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section 156 of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section 156(4);
“hymenoplasty” has the meaning given by section 156(2).
159 Hymenoplasty offences in Northern Ireland: penalties
A person who commits an offence under section 156, 157 or 158 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
161 Pharmaceutical services: remuneration in respect of vaccines etc
(1) In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—
(a) in subsection (8A) for “special medicinal products” substitute
any of the following—
(a) drugs or medicines used for vaccinating or immunising people against disease,
(b) anything used in connection with the supply or administration of drugs or medicines within paragraph (a),
(c) drugs or medicines, not within paragraph (a), that are used for preventing or treating a disease that, at the time the regulations are made, the Secretary of State considers to be a pandemic disease or at risk of becoming a pandemic disease,
(d) anything used in connection with the supply or administration of drugs or medicines within paragraph (c), or
(e) a product which is a special medicinal product for the purposes of regulation 167 of the Human Medicines Regulations 2012 (S.I. 2012/1916).
;
(b) in subsection (8D)—
(i) for “special medicinal products are” substitute “anything within subsection (8A)(a) to (e) is”;
(ii) in paragraph (b), for “special medicinal products” substitute “that thing,”;
(c) in subsection (8E), omit the definition of “special medicinal product”;
(d) after subsection (8E) insert—
(8F) Where regulations include provision made in reliance on subsection (8A)(c) or (d) and the Secretary of State considers that the disease to which it relates is no longer a pandemic disease or at risk of becoming a pandemic disease, the Secretary of State must revoke that provision within such period as the Secretary of State considers reasonable (taking into account, in particular, the need for any transitional arrangements).
(2) In section 88 of the National Health Service (Wales) Act 2006 (remuneration for persons providing pharmaceutical services)—
(a) in subsection (8A) for “special medicinal products” substitute
any of the following—
(a) drugs or medicines used for vaccinating or immunising people against disease,
(b) anything used in connection with the supply or administration of drugs or medicines within paragraph (a),
(c) drugs or medicines, not within paragraph (a), that are used for preventing or treating a disease that, at the time the regulations are made, the Welsh Ministers consider to be a pandemic disease or at risk of becoming a pandemic disease,
(d) anything used in connection with the supply or administration of drugs or medicines within paragraph (c), or
(e) a product which is a special medicinal product for the purposes of regulation 167 of the Human Medicines Regulations 2012 (S.I. 2012/1916)
;
(b) in subsection (8D)—
(i) for “special medicinal products are” substitute “anything within subsection (8A)(a) to (e) is”;
(ii) in paragraph (b), for “special medicinal products” substitute “that thing,”;
(c) in subsection (8E), omit the definition of “special medicinal product”;
(d) after subsection (8E) insert—
(8F) Where regulations include provision made in reliance on subsection (8A)(c) or (d) and the Welsh Ministers consider that the disease to which it relates is no longer a pandemic disease or at risk of becoming a pandemic disease, the Welsh Ministers must revoke that provision within such period as the Welsh Ministers consider reasonable (taking into account, in particular, the need for any transitional arrangements).
(1) The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 is renamed the Healthcare (International Arrangements) Act 2019.
(2) That Act is amended as follows.
(3) Omit section 1 (power to make healthcare payments).
(4) For section 2 substitute—
Healthcare agreements and payments
2 (1) The Secretary of State may by regulations make provision for the purpose of giving effect to a healthcare agreement (including provision about payments).
(2) The Secretary of State may by regulations make provision authorising the Secretary of State to make a payment (otherwise than under a healthcare agreement) in respect of healthcare provided in a relevant country or territory, but only where the Secretary of State considers that exceptional circumstances justify the payment.
(3) In subsection (2) “relevant country or territory” means a country or territory, outside the United Kingdom, in respect of which there is a healthcare agreement.
(4) Regulations under this section may include provision about administrative arrangements (including provision about evidential requirements).
(5) Regulations under this section may—
(a) confer functions on a relevant public authority or a Scottish or Welsh health board (including discretions);
(b) provide for the delegation of functions to a relevant public authority or a Scottish or Welsh health board.
(6) The Secretary of State may give directions to a person about the exercise of any functions exercisable by the person under regulations made by virtue of subsection (5) (and may vary or revoke any such directions).
(7) In this section “relevant public authority” means a person who exercises functions of a public nature other than—
(a) the Scottish Ministers,
(b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998),
(c) the Welsh Ministers,
(d) a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006,
(e) a Northern Ireland department, or
(f) any other person whose functions—
(i) are exercisable only or mainly in or as regards Northern Ireland, and
(ii) relate only or mainly to transferred matters within the meaning of the Northern Ireland Act 1998.
(8) In this section—
“Scottish health board” means a Health Board established under section 2(1)(a) of the National Health Service (Scotland) Act 1978;
“Welsh health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
Healthcare agreements and payments: powers of devolved authorities
2A (1) A devolved authority may by regulations make provision for the purpose of giving effect to a healthcare agreement (including provision about payments).
(2) No provision may be made by a devolved authority under subsection (1) unless the provision is within the devolved competence of that devolved authority (and any applicable consent requirement under section 2B has been complied with).
(3) In this section “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department.
(4) For the purposes of this section—
(a) provision is within the devolved competence of the Scottish Ministers if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(b) provision is within the devolved competence of the Welsh Ministers if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (including any provision that could only be made with the consent of a Minister of the Crown);
(c) provision is within the devolved competence of a Northern Ireland department if it would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly.
(5) Regulations under this section may include provision about administrative arrangements (including provision about evidential requirements).
(6) Regulations under this section may—
(a) confer functions on a public authority (including discretions);
(b) provide for the delegation of functions to a public authority.
(7) A devolved authority may give directions to a person about the exercise of any functions exercisable by the person under regulations made by that devolved authority by virtue of subsection (6) (and may vary or revoke any such directions).
(8) In this section “public authority” means a person who exercises functions of a public nature.
Regulations under section 2A: consent requirements
2B (1) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under section 2A(1) so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
(2) The consent of the Secretary of State is required before any provision is made by a Northern Ireland department in regulations under section 2A(1) so far as that provision, if contained in a Bill in the Northern Ireland Assembly, would require the consent of the Secretary of State.
(5) In section 3 (meaning of “healthcare” and “healthcare agreement”), for the definition of “healthcare agreement” substitute—
“healthcare agreement” means an agreement or other commitment between the United Kingdom and either a country or territory outside the United Kingdom or an international organisation, concerning healthcare provided anywhere in the world;
.
(6) In section 7 (regulations and directions)—
(a) in subsection (1), after “A power” insert “of the Secretary of State or Welsh Ministers”;
(b) after subsection (1) insert—
(1A) A power of a Northern Ireland department to make regulations under section 2A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
;
(c) for subsection (4) substitute—
(4) A statutory instrument containing regulations under this Act may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
;
(d) omit subsection (5);
(e) after subsection (5) insert—
(5A) Regulations made by the Scottish Ministers under section 2A are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(5B) A statutory instrument containing regulations under section 2A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
(5C) Regulations may not be made by a Northern Ireland department under section 2A unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(7) In section 8 (short title etc), in subsection (3), for “Healthcare (European Economic Area and Switzerland Arrangements) Act 2019” substitute “Healthcare (International Arrangements) Act 2019”.
163 Regulation of local authority functions relating to adult social care
(1) Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows.
(2) In section 46 (reviews and performance assessments by the Care Quality Commission), in the heading, at the end insert “: registered service providers”.
(3) After section 46 insert—
Reviews and performance assessments: local authorities
46A (1) The Commission must, in accordance with this section—
(a) conduct reviews of the exercise of regulated care functions by English local authorities,
(b) assess the performance of those authorities following each such review, and
(c) publish a report of its assessment.
(2) In this section “regulated care functions” means such functions under Part 1 of the Care Act 2014 (functions relating to adult social care in England) as may be prescribed.
(3) Regulations under subsection (2) may prescribe—
(a) all functions of English local authorities under Part 1 of the Care Act 2014 or some of their functions under that Part;
(b) the whole of a function or a particular aspect of it.
(4) The Secretary of State—
(a) must set, and may from time to time revise, objectives and priorities for the Commission in relation to the assessment under this section of the performance of English local authorities, and
(b) must inform the Commission of the objectives and priorities.
(5) The Commission—
(a) must determine, and may from time to time revise, indicators of quality for the purposes of the assessment under this section of the performance of English local authorities, and
(b) must obtain the approval of the Secretary of State in relation to the indicators.
(6) The Secretary of State may direct the Commission to revise the indicators under subsection (5).
(7) Different objectives and priorities may be set, and different indicators of quality may be determined, for different cases.
(8) The Commission—
(a) must prepare, and may from time to time revise, a statement—
(i) setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
(ii) describing the method that it proposes to use in assessing and evaluating the performance of a English local authority under this section, and
(b) must obtain the approval of the Secretary of State in relation to the statement.
(9) The Secretary of State may direct the Commission to revise the statement under subsection (8).
(10) The statement may—
(a) make different provision about frequency and period of reviews for different cases, and
(b) describe different methods for different cases.
(11) The Commission must publish—
(a) the objectives and priorities under subsection (4),
(b) the indicators of quality under subsection (5), and
(c) the statement under subsection (8).
(12) For the purposes of this section “English local authority” includes the Council of the Isles of Scilly only so far as references to a local authority in Part 1 of the Care Act 2014 include references to that Council as a result of an order under section 128(4) of that Act.
(4) In section 48 (special reviews and investigations)—
(a) in subsection (2), after “section 46” insert “, 46A”;
(b) in subsection (3A), after “treated as a review” insert “or investigation”.
(5) In section 50 (failings by English local authorities), in subsection (1), after “46” insert “, 46A”.
(6) In section 60 (inspections)—
(a) in subsection (1), after paragraph (c) (but before the “or” at the end) insert—
(ca) the exercise of functions by an English local authority,
;
(b) after subsection (2) insert—
(3) In this section “English local authority” has the same meaning as in section 46A (see subsection (12) of that section).
164 Default powers of Secretary of State in relation to adult social care
(1) In section 7D of the Local Authority Social Services Act 1970 (default powers of Secretary of State as respects social services functions of local authorities)—
(a) in subsection (1), for the words from “imposed” to “2002” substitute “referred to in subsection (4)”;
(b) after subsection (3) insert—
(4) Subsection (1) does not apply in relation to a duty imposed by or under—
(a) the Children Act 1989,
(b) section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999,
(c) the Adoption and Children Act 2002, or
(d) Part 1 of the Care Act 2014.
(2) The Care Act 2014 is amended in accordance with subsections (3) and (4).
(3) After section 72 insert—
Default by local authority
Default power of Secretary of State
72A (1) Where the Secretary of State is satisfied that a local authority is failing, or has failed, to discharge any of its functions under or by virtue of this Part to an acceptable standard, the Secretary of State may give to the local authority any directions that the Secretary of State considers appropriate for the purpose of addressing the failure.
(2) The directions may include provision requiring the local authority—
(a) to act in accordance with advice given by the Secretary of State or a person nominated by the Secretary of State,
(b) to collaborate with the Secretary of State or a person nominated by the Secretary of State in taking steps specified in the directions, or
(c) to provide the Secretary of State or a person nominated by the Secretary of State with information of a description specified in the directions, on request or otherwise.
(3) If the Secretary of State considers it necessary for the purpose of addressing the failure, the directions may include provision—
(a) for specified functions of the local authority to be exercised by the Secretary of State or a person nominated by the Secretary of State for a period specified in the direction or for so long as the Secretary of State considers appropriate, and
(b) requiring the local authority to comply with any instructions of the Secretary of State or the nominee in relation to the exercise of the functions.
(4) So far as is appropriate in consequence of directions given by virtue of subsection (3), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.
(5) If directions given by virtue of subsection (3) expire or are revoked without being replaced then, so far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to whom the directions were given.
(6) The Secretary of State may, for the purposes of cases in which directions are given under subsection (3)(a), make regulations disapplying or modifying an enactment which confers a function on the Secretary of State in respect of a function of a local authority.
(7) Directions under this section may require the local authority to provide financial assistance to the Secretary of State, or a person nominated by the Secretary of State, for the purpose of meeting costs incurred by the Secretary of State or the nominee as a result of the directions.
Default power of Secretary of State: supplementary
72B (1) Before giving directions under section 72A the Secretary of State must give the local authority concerned an opportunity to make representations about the proposed directions, except so far as the Secretary of State considers that it is impractical to do so for reasons of urgency.
(2) The power to give directions under section 72A includes a power to vary or revoke the directions by subsequent directions.
(3) Subsection (1) does not apply in relation to proposed directions varying previous directions if the Secretary of State does not consider the variations to be significant.
(4) Directions under section 72A must be in writing.
(5) The Secretary of State must publish—
(a) any directions given under section 72A, and
(b) the reasons for giving them.
(6) Directions under section 72A are enforceable, on the Secretary of State’s application, by a mandatory order.
(4) In section 125(4) (regulations and orders subject to affirmative procedure), after paragraph (k) insert—
(ka) regulations under section 72A(6) (modification of enactments where local authority functions are exercised by the Secretary of State or a nominee);
.