Health Act 2006 - Legislation.gov.uk

1 Health Act 2006 CHAPTER 28 CONTENTSPART 1 SMOKINGCHAPTER 1 SMOKE-FREE PREMISES, PLACES AND VEHICLESI ntroduction1 IntroductionSmoke-free premises, premises3 Smoke-free premises: exemptions4 Additional smoke-free places5 VehiclesNo-smoking signs6No-smoking signsOffences relating to smoking in smoke-free premises, of smoking in smoke-free place8 Offence of failing to prevent smoking in smoke-free placeFixed penalties9 Fixed penaltiesHealth Act 2006 (c. 28)iiEnforcement10 Enforcement11 Obstruction etc. of officersInterpretation, and territorial seaCHAPTER 2 AGE FOR SALE OF TOBACCO to amend age for sale of tobacco 2 PREVENTION AND CONTROL OF Health CARE ASSOCIATED INFECTIONS14 Code of practice relating to Health care associated infections15 Code of practice: effects on existing functions of Commission for HealthcareAudit and Inspection16 Code of practice: improvement noticesPART 3 DRUGS, MEDICINES AND PHARMACIESCHAPTER 1 SUPERVISION OF MANAGEMENT AND USE OF CONTROLLED DRUGS17 Accountable officers and their responsibilities as to controlled drugs18Co-operation between Health bodies and other organisations19 Meaning of relevant person in section 1820 Controlled drugs.

2 Power to enter and inspect21 Offences in connection with power to enter and inspect22 Guidance23 Crown application24 Relevant authorities25 InterpretationCHAPTER 2 MEDICINES AND PHARMACIES26 Requirements about supervision27 Control of pharmacy premises: individuals and partnerships28 Control of pharmacy premises: bodies corporate29 Control of pharmacy premises: representative of pharmacist in case of deathor disability30 The responsible pharmacist31 Enforcement32 Order-making powers33 Orders under of the Health Act 1999 Health Act 2006 (c. 28)iiiPART 4 THE NATIONAL Health SERVICECHAPTER 1 PHARMACEUTICAL SERVICES34 Power to charge35 Applications for provision of pharmaceutical services36 Arrangements for dispensing of medicinesCHAPTER 2 OPHTHALMIC SERVICES37 Provision of primary ophthalmic services38 General ophthalmic services contracts39 Persons performing primary ophthalmic services40 Assistance and support41 Local Optical Committees42 Payments in respect of optical appliances43 General ophthalmic services.

3 TransitionalCHAPTER 3 PROTECTION OF NHS FROM FRAUD AND OTHER UNLAWFUL ACTIVITIESP reliminary44 Compulsory disclosure of documents for purposes of counter fraud orsecurity management functions45 Meaning of NHS body notices46 Notice requiring production of documents47 Production of documents48 Delegation of functions49 Code of practice relating to delegated functions50 Disclosure of information51 Protection of personal information disclosed for purposes of proceedingsOffences52 Offences in connection with production of documents53 Offences relating to disclosure or use of informationSupplementary54 Manner in which disclosure notice may be served55 InterpretationHealth Act 2006 (c. 28)ivCHAPTER 4 AUDIT56 Accounts and auditPART 5 APPOINTMENTS COMMISSIONThe Appointments Commission57 The Appointments CommissionDelegation of appointment functions58 Commission to exercise Secretary of State s appointment functions59 Cases where appointment functions exercisable jointly to exercise Privy Council s appointment functions61 Commission to exercise Assembly s appointment functions62 Exercise of appointments functionsOther functions63 Commission to assist other bodies with appointments64 Functions connected with appointments to bodies to which section 58 or 60applies65 Prescribed functionsFunctions.

4 Supplementary66 Exercise of functionsReports reports68 Other reports and informationMiscellaneous and supplementary69 Transfer of staff and property 6 MISCELLANEOUSS ocial care bursary72 Exercise by Special Health Authority of social care training functionsHealth Act 2006 (c. 28)vNHS costs recovery73 NHS costs recoveryTransfer of criminal liabilities74 Transfer of criminal liabilities of certain NHS bodiesLocal Health Boards and Welsh Health authorities75 Amendments relating to Local Health Boards and abolition of Welsh healthauthoritiesPART 7 FINAL PROVISIONSO ffences76 Offences by bodies corporate committed by partnerships and other unincorporated associations78 Penalties for offences: transitional modification for England and WalesGeneral79 Orders and regulations80 Amendments, repeals and revocations81 Expenses82 Interpretation83 Commencement84 Short title and extentSchedule 1 Fixed penaltiesSchedule 2 Powers of entry, 3 New Schedule 12B to 1977 ActSchedule 4 The Appointments Commission: supplementarySchedule 5 The Appointments Commission: list of statutory bodiesSchedule 6 The Appointments Commission: list of regulatory bodiesSchedule 7 Transfer of staff and property etc.

5 To AppointmentsCommissionSchedule 8 Minor and consequential amendmentsSchedule 9 Repeals and revocationsELIZABETH IIc. 28 Health Act 20062006 CHAPTER 28An Act to make provision for the prohibition of smoking in certain premises, placesand vehicles and for amending the minimum age of persons to whom tobacco may besold; to make provision in relation to the prevention and control of Health careassociated infections; to make provision in relation to the management and use ofcontrolled drugs; to make provision in relation to the supervision of certain dealingswith medicinal products and the running of pharmacy premises, and about ordersunder the Medicines Act 1968 and orders amending that Act under the Health Act1999.

6 To make further provision about the National Health Service in England andWales and about the recovery of National Health Service costs; to make provision forthe establishment and functions of the Appointments Commission; to make furtherprovision about the exercise of social care training functions; and for connectedpurposes.[19th July 2006 ]E IT ENACTED by the queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 SMOKINGCHAPTER 1 SMOKE-FREE PREMISES, PLACES AND VEHICLESI ntroduction1 Introduction(1)This Chapter makes provision for the prohibition of smoking in certainpremises, places and vehicles which are smoke-free by virtue of this Act 2006 (c.)

7 28)Part 1 SmokingChapter 1 Smoke-free premises, places and vehicles2(2)In this Chapter (a) smoking refers to smoking tobacco or anything which containstobacco, or smoking any other substance, and(b)smoking includes being in possession of lit tobacco or of anything litwhich contains tobacco, or being in possession of any other litsubstance in a form in which it could be smoked.(3)In this Chapter, smoke and other related expressions are to be read inaccordance with subsection (2).Smoke-free premises, premises(1)Premises are smoke-free if they are open to the unless the premises also fall within subsection (2), they are smoke-free onlywhen open to the public.

8 (2)Premises are smoke-free if they are used as a place of work (a)by more than one person (even if the persons who work there do so atdifferent times, or only intermittently), or(b)where members of the public might attend for the purpose of seekingor receiving goods or services from the person or persons workingthere (even if members of the public are not always present).They are smoke-free all the time.(3)If only part of the premises is open to the public or (as the case may be) used asa place of work mentioned in subsection (2), the premises are smoke-free onlyto that extent.(4)In any case, premises are smoke-free only in those areas which are enclosed orsubstantially enclosed.(5)The appropriate national authority may specify in regulations what enclosed and substantially enclosed mean.

9 (6)Section 3 provides for some premises, or areas of premises, not to be smoke-free despite this section.(7)Premises are open to the public if the public or a section of the public hasaccess to them, whether by invitation or not, and whether on payment or not.(8) Work , in subsection (2), includes voluntary premises: exemptions(1)The appropriate national authority may make regulations providing forspecified descriptions of premises, or specified areas within specifieddescriptions of premises, not to be smoke-free despite section 2.(2)Descriptions of premises which may be specified under subsection (1) include,in particular, any premises where a person has his home, or is living whetherpermanently or temporarily (including hotels, care homes, and prisons andother places where a person may be detained).

10 (3)The power to make regulations under subsection (1) is not exercisable so as tospecify any description of Health Act 2006 (c. 28)Part 1 SmokingChapter 1 Smoke-free premises, places and vehicles3(a)premises in respect of which a premises licence under the Licensing Act2003 (c. 17) authorising the sale by retail of alcohol for consumption onthe premises has effect,(b)premises in respect of which a club premises certificate (within themeaning of section 60 of that Act) has effect.(4)But subsection (3) does not prevent the exercise of that power so as to specifyany area, within a specified description of premises mentioned in subsection(3), where a person has his home, or is living whether permanently ortemporarily.