Health and Social Care Bill — Report (7th Day) (Continued) — 13 Mar 2012 at 18:07
Clause 284 : Monitor: duty to co-operate with Care Quality Commission
Amendment 293 not moved.
Clause 287 : Breaches of duties to co-operate
Amendments 294 and 295 not moved.
Clause 290 : Failure to discharge functions
Moved by Lord Marks of Henley-on-Thames
296: Clause 290, page 263, line 6, at end insert-
"( ) For the purposes of this section a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and "the health service" has the same meaning as in the National Health Service Act 2006."
Amendment 296 agreed.
Moved by Lord Clement-Jones
297: After Clause 294, insert the following new Clause-
"Contravention of section 64 of the Medicines Act 1968: due diligence defence
In section 67 of the Medicines Act 1968 (offences under Part 3), after subsection (2) insert-
"(2A) But it is a defence for a person charged with an offence under subsection (2) in respect of a contravention of section 64 to show that the person exercised all due diligence to avoid committing the offence.""
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