Clause 29
Health and Social Care Bill
10:00 am
Derek Conway (Old Bexley and Sidcup, Conservative)
With this it will be convenient to discuss the following amendments:
No. 200, in clause 29, page 15, line 38, at end insert—
‘(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months, or to both;
(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or both.
(3) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c.44), the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months.’.
No. 201, in clause 30, page 16, line 13, leave out from ‘liable’ to end of line 14 and add—
‘(a) on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months, or both;
(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both.
(5) In relation to an offence committed before the the commencement of section 154(1) of the Criminal Justice Act 2003 (c.44), the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.’.
No. 202, in clause 31, page 16, leave out lines 18 to 22 and insert—
‘(2) Subject to subsections (3) to (5), those regulations may not provide for an offence to be triable on indictment or to be punishable with imprisonment or with a fine exceeding level 4 on the standard scale.
(3) Subject to subsection (4), in the case of regulations under section 16, those regulations may provide for an offence to be triable summarily only or either summarily or on indictment and for an offence to be punishable with a fine or imprisonment or both.
(4) In case referred to in subsection (3), those regulations may not provide for an offence to be punishable with—
(a) imprisonment for a term exceeding 12 months, or
(b) in the case of summary conviction, a fine exceeding £50,000.
(5) In relation to summary conviction for an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the reference in subsection (4)(a) to 12 months is to be read as a reference to six months.’.