Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 2011 (No. 7 of 2011)

JAMAICA No. '1 - 2011 I assent, [L.S.] Governor-General 2 5 M~R 2011 AN ACT to Amend provisions relating to penalties and monetary obligations in legislation relating to certain health and allied professions and services; and for connected matters. ~' 5 J1"ft ((i1 \ BE IT ENACTED by The Queen's Most Excellent Majesty. by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as foIlO\vs:-­ 1, ThisAct may be cited as the Health and Allied Professions and Short title Services (Miscellaneous Penalty Provisions) Act 2011. 2. The provisions ofthe enactments specified in the first column of Amendment the Schedule are amended in the manner specified respectively in relation of Acts Schedule to them in the second column ofthe Schedule. 2 [No. The Health and AWed Professions and Services (Miscellaneous Penalty Provisions) A,·t, 2011 Enactments Anatomy Act Section 15 New section 16A Section 17( I) New section 18 Children (Adoption of) Act Section 4( I ) SCIIED[;U: (Section 2) Amendment o(Acts Amendments Delete the words "two hundred" and substitute therefor the words "five hundred thousand", Insert next after section 16 the following as section 16A-­ "Penalties III 16A. Notwithstanding sec­ regulations tion 29(b) of the Interpreta­ tion Act, regulations made under section 16 may provide in respect of a breach of any of the provisions thereof for the imposition of penalties on summary conviction in a Resi­ dent Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term 110t exceeding twelve months or both such fine and imprisonment.". Delete the word "ten" and substitute therefor the words "one hundred thousand". Insert next after section 17 the following as section 18­ "Minister 18. The Minister may, by may amend order subject to affirmative monetary resolution, amend thepenalties, monetary penalties specified in this Act.". Delete the words "four hundred" and substitute therefor the words "five hundred thousand". 3 The Health and Allied Professions and Services [No. (Miscellaneous Penalty Provisions) Act, 2011 Enactments Section 6(4) Section 8 Section 21 (2) Section 23(3) New section 26 Children (Guardianship and Custody) Act Section 17(1) New section 17A Amendments Delete the words "one hundred" and substitute therefor the words "five hundred thousand". Delete subsection (2) and substitute therefor the following­ (2) Notwithstanding section 29(b) of the Interpretation Act, regulations made under this section may provide in respect of a breach of any of the provisions thereof for the imposition ofpenalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . Delete the words "one hundred" and substitute therefor the words "one million". Delete the words "one hundred" and substitute therefor the words "five hundred thousand". Insert next after section 25 the following as section 26-­ "Minister 26. The Minister may, by may amend order subject to affirmative monetary penalties. resolution, amend the monetary penalties specified in this Act.". Delete the word "fifty" and substitute therefor the words "two hunjred and fifty thousand". Insert next after section 17 the following as section 17A­ "Minister 17A. The Minister may, by may amend order subject to affirmative monetary resolution, amend thepenalties. monetary penalties specified in this Act.". 4 [No. The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act. 2011 Enactments Amendments Dental Act Section 16 I. [n subsection (I), delete the words "six hundred" and substitute therefor the words "one million". 2. In subsection (2), delete the words "four hundred" and substitute therefor the words "one million". 3. In subsection (3), delete the words "two hundred" and substitute therefor the words "one million". Section 17 Insert next after subsection (2) the following as subsection (3)-­ (3) Notwithstanding section 29(b) of the Interpretation Act. regulations made under this section may provide in respect ofa breach ofany ofthe provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . New section Insert next after section 17 the following as 18 section 18-­ "Minister 18. The Minister may, by may amend order subject to affirmative monetary resolution, amend the penalties monetary penalties specified in this Act". Food and Drugs Act Section 25 Delete the words "fifty thousand" and substitute therefor the words "one million". Section 28 Delete the words "two thousand" and substitute therefor the words "one million". Enactments New section 28A Leprosy Act Section 15 Section 22(2) Section 25 Section 26 Section 27 The Health and Allied ProjCssiol1s and Services [No. (Miscellaneolls Penalf\' Prol'isiolls) ACI, ::0 I J Amendments Insert next after section 28 the following il'i section 28A·-· "MinlSl~r l8i\. The Minister llIa\, may amend by order subject to at11nnatiw n10nt:tar~ resolution, amend rh:penaltl", monetaI') perlaltics spcciJicd in this Act.", Delete the words "two hundred" and substitute therefor the words ,·two hundr<:>d and fiftv thousand", Delete the words "one thousand" and substitute thereforthe words "one million". Insert next after subsection (2) the following as subsection (3)­ (3) Notwithstanding section 29( b) of the Inlerprel al ion A c/, rules made under section 25 may provide in respect or a breach of any of the provisions thereoffor the imposition of penalties on summary conviction in a Resident Magistrate's COUl1 of a tine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment.", I. In paragraph (a) delete the word "one" and substitute therefor the words "one thousand". 2. In paragraph (b), delete the words", and to receive only bread and water or such other diet as the Medical Superintendent may order", Delete the words .., and to receive only bread and water or such other diet as the Medical Superintendent may order", 6 [No. The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 2011 Enactments Section 36 New section 37 Marriage Act Section 25 Section 55 Section 56 New section 71 MedicaJAct Section 14 Amendments Delete the words "one hundred" and substitute therefor the words "five hundred thousand". Insert next after section 36 the following as section 37 "Minister 37. The Minister may, by may amend order subject to affirmative monetary resolution, amend the penalties monetary penalties specified in this Act.". Delete the word "forty" and substitute therefor the words "two hundred and fifty thousand", Delete the word "twenty" and substitute therefor the words "one million". Delete the word "forty" and substitute therefor the words "one million", Insert next after section 70 the following as section 7J~ "Minister 71, The Minister may, by may amend order subject to affirmative monetary resolution, amend the penalties. monetary penalties specified in this Act.", I. In subsection (I), delete the words "sixty thousand" and substitute therefor the words "one million", 2. In subsections (2) and (3), delete the words "forty thousand" wherever they appear and substitute therefor in each case the words "one million", 7 Enactments Section 15 New section 16 Mental Health Act Section 34(a) Section 35(4)(a) Section 36 Section 37 Section 38 The Health and Allied Professions and Services [No. (Miscellaneous Penalty Provisions) Act, 20I/ Amendments Renumber section 15 as subsection (1) of the section and insert next after subsection (I) as renumbered the following as subsection (2)­ (2) Notwithstanding section 29 (b) of the Interpretation Act, regulations made under subsection (I) may provide in respect of any breach of the provisions thereoffor the imposition of penalties on summary conviction in a Resident Magistrate's Court ofa fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment.". Insert next after section 15 the following as section 16-­ '"Minister 16. The Minister may, by may am~nd order subject to affirmative monetary resolution, amend thepenalties monetary penalties specified in this Act.". Delete the words "fifty thousand" and substitute therefor the words "five hundred thousand". Delete the words "two hundred thousand" and substitute therefor the words "one million". Delete the words "twenty thousand" and substitute therefor the words "two hundred and fifty thousand". Delete the words "twenty thousand" and substitute therefor the words "two hundred and fifty thousand". Delete the words "twenty thousand" and substitute therefor the words "one million". 8 [No. The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 2011 Enactments Section 39 New section 40 National Council on Drug Abuse Act Section 15 Section 17 Amendments Renumber section 39 as subsection (1) of the section and insert next after subsection (I) as renumbered the following as subsection (2) ­ " (2) Notwithstanding section 29(b) of the Interpretation Act. regulations made under subsection (1) may provide in respect ofa breach of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court ofa fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . Insert next after section 39 the following as section 40­ "Minister 40. The Minister may, by may amend order subject to affirmative monetary resolution, amend the penalties monetary penalties specified in this Act.". Insert next after subsection (1) the following as subsection (2)~ (2) Notwithstanding section 29(b) of the Interpretation Act. regulations made under subsection () ) may provide in respect of a breach ofthe provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . Delete the words "ten thousand" and substitute therefor the words "one million". The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 201/ [No. 9 Enactments Amendments New section 18 Insert next after section 17 the following as section 18­ "Minister may amend monetary penalties. 18. The Minister may, by order subject to affinnative resolution, amend the monetary penalties specified in this Act.". National Health Fund Act New section 25A Insert next after section 25 the following as section 25A­ "Minister may amend monetary penalties. 25A. The Minister may, by order subject to affinnative resolution, amend the monetary penalties specified in this Act.". Section 26 Insert next after subsection (3) the following as subsection(4)­ (4) Notwithstanding section 29(b) of the Interpretation Act. regulations made under subsection ( I ) may provide in respect ofa breach ofthe provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a telm not exceeding twelve months or both such fine and imprisonment. ". Nurses and Midwives Act New section 17 Insert next after section 16 the following as section 17­ "\linister may amend monetary penalties 17. The Min ister may. by order subject to affinnative resolution, amend the monetary penalties specified in this Act.". 10 [No. The Health and Affied Professions and Services (Misceffaneolls Penalty Provisions) Act, 20 I I Enactments Nursing Homes Registration Act Section 3( I ) Section 6 Section 8( 1 ) New section 8A Opticians Act Section 15 Section 16 Amendments Delete the words "thirty thousand" wherever they appear and substitute therefor respectively, the words "two hundred and fifty thousand" and "five hundred thousand". Insert next after subsection (3) the following as subsection (4}­ (4) Notwithstanding section 29 ( b) of the Interpretation Act, regulations made under subsection ( 1) may provide in respect ofa breach of the provisions thereoffor the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . Delete the words "twenty thousand" and substitute therefor the words "one million". Insert next after section 8 the following as section 8A~ "Minister 8A. The Minister may, by may amend order subject to affirmative monetary resolution, amend thepenalties. monetary penalties specified in this Act.". Delete the word "forty" and substitute therefor the words "five hundred thousand". Insert immediately after the words "liable to" the words "a fine not exceeding one million dollars or", II Enactments New sections 16Aand 16B Pesticides Act Section 16(2) Section 20( 1 ) The Health and Allied Professions and Services [No. (Miscellaneous Penalty Provisions) Act, 2011 Amendments Insert next after section 16 the following as sections 16Aand 16B~ "Regulations 16A.--{ I) The Minister may make regulations for the better carrying out ofthe provisions and purposes of this Act. (2) Notwithstanding section 29(b) of the Interpretation Act, regula­ tions made under this section may provide in respect of a breach of any of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a tenn not exceeding twelve months or both such fine and imprison­ ment. "Minister 16B. The Minister may, by may amend order subject to affinnative monetary resolution, amend the penalties. monetary penalties specified in this Act.". Delete the words "fifty thousand" and the word "six", respectively, and substitute therefor the words "one million" and the word "twelve", respectively. Delete the words "fifty thousand" and substitute therefor the words "five hundred thousand". 12 [No. The Health and Allied Professions and Services (MiscellaneOlls Penalty Provisions) Act, 2011 Enactments Amendments New Section Insel1 next after section 20 the following as section 20A 20A ~ "M inistcr 20A. The Minister may, by mny amend order subject to affirmative mom:tary resolution, amend the penalties. monetary penalties specified in this Act.". Pharmacy Act Section 25 Delete subsection (2) and substitute therefor the fo IIow i ng-­ (2) Notwithstanding section 29(b) of the Interpretation Acl, regulations made under this section may provide for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a tenn not exceeding twelve months or both such fine and imprisonment." . Section 26( I) Delete the words "'fifty thousand" and substitute therefor the words "five hundred thousand", New section Insert next after section 26 the following as section 26A 26A-­ 26A. The Minister may, by"Minister may amend order subject to affirmative l11olH:lary resolution, amend the p.:nalties monetary penalties specified in this Act.". Professions Supp lementary to Medicine Act Section 15 I. I n subsection ( I ) ­ (a) delete from paragraph (a) the word "twenty" and substitute therefor the words "two hundred and fifty thousand"; and 13 Enactments New Section 15A Section 16 Public Health Act Section 15 Section 18 Section 19 The Health and Allied Professions and Services [No. (Miscellaneous Penalty Provisions) Act, 2011 Amendments (b) delete from paragraph (b) the words "one hundred" and substitute therefor the words "five hundred thousand". 2. In subsection (2), delete the words "one thousand" and substitute therefor the words "tive hundred thousand". Insert next after section 15 the following as section 15A-· "Minister 15A. The Minister may, by may amend order subject to affinnative monetary resolution, amend the penalties monetary penalties specified in this Act.". Insert next after subsection (2) the following as subsection (3)­ (3) Notwithstanding section 29(b) ofthe interpretation Act, regulations made under subsection ( I) may provide in respect ofa breach ofthe provisions thereoffor the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a tenn not exceeding twelve months or both such fine and imprisonment." . Delete the words "fifty thousand" and substitute therefor the words "one million'". Delete the words ..two thousand five hundred" wherever they appear and substitute therefor, in each case, the words '"two hundred and fifty thousand". 1. In subsection (2), delete the words "fifty thousand" and substitute therefor the words "five hundred thousand". 14 [No. The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 2011 Enactments Section 22 Section 23 Amendments 2. Delete subsection (3) and substitute therefor the following­ (3) Where a person is convicted of a second or subsequent offence, that person shall be liable to a penalty not exceeding one million dollars, and in default of payment thereof, to imprisonment for a period not exceeding twelve months.". Delete the words "twenty-five thousand" and substitute therefor the words "one million". Delete the section and substitute therefor the following­ "Penalty for 23. Every person who com­ breach mits an offence under thisAct where no specific penally is or any regulations hereunder for which no specific penalty provided. is provided shall be liable on summary conviction before a Resident Magistrate­ (a) in the case of a first offence, to a fine not exceed­ ing two hundred and fifty thou­ sand dollars and in default ofpay­ ment of the fine, to imprisonment for a term not ex­ ceeding three months; and (b) in the case of a second or subse­ quent offence, to a fine not exceed­ ing five hundred thousand dollars The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act, 2011 [No. 15 Enactments Amendments or to imprison­ ment for a tenn not exceeding six months or to both such fine and imprison­ ment.". New section 23A Insert next after section 23 the following as section 23A­ "Minister may amend monetary penalties. 23A. The Minister may, by order subject to affinnative resolution, amend the monetary penalties specified in this Act.", Quarantine Act Section 7 Insert next after subsection (4) the following as subsection (5t-­ (5) Notwithstanding section 29(b) of the Interpretation Act. regulations made under this section may provide in respect of a breach ofany of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a tenn not exceeding twelve months or both such fine and imprisonment." , Section 10 Delete the words "four hundred" wherever they appear and substitute therefor, in each case, the words "five hundred thousand", New section lOA Insert next after section I 0 the following as section 10A­ "Minister may amend monetary penalties. lOA. The Minister may, by order subject to affinnative resolution, amend the monetary penalties specified in this Act. " , 16 [No. The Health and Allied Professions and Services (Miscellaneous Penalty Provisions) Act. 20 1I Enactments Registration (Births and Deaths) Act Section 17 Section 198(3) Section 29 Section 32 Section 33(2) Section 34 Section 35 Section 64 Section 65 New section 68A Amendments Delete the word "twenty" and substitute therefor the words "two hundred and fifty thousand". Delete the words "one hundred" and substitute therefor the words "two hundred and fifty thousand" . Delete the word "twenty" and substitute therefor the words "two hundred and fifty thousand". I. In subsection (3), delete the word "four" and substitute therefor the words "five hundred thousand". 2. In subsection (6), delete the word "twenty" and substitute therefor the words "five hundred thousand" . Delete the word "twenty" and substitute therefor the words "five hundred thousand". Delete the word "twenty" and substitute therefor the words "five hundred thousand". Delete the word "four" ...nd substitute therefor the words "flve hundred thousand". Delete the words "one hundred" and substitute thereforthe words "one million". Delete the word "four" and substitute therefor the words "one million". Insert next after section 68 the following as section 68A~ '"Minister 68A. The Minister may, by may amend order subject to affirmative monetary resolution, amend thepenalties. monetary penalties specified in this Act.". The Health and Allied Professions and Services (Miscellaneolls Penalty Provisions) Act, 2011 [No. 17 Enactments Amendments New section 72A Insert next after section 72 the following as section 72A-­ ··Penalties In regulations 72A. Notwithstanding sec­ tion 29(b) of the Interpreta­ tion Act, regulations made under this Act may provide in respect of a breach of the provisions thereof for the im­ position of penal ties on sum­ mary conviction in a Resident Magistrate's Court of a fine not exceeding one million dol­ lars or imprisonment for a tenn not exceeding twelve months or both such fine and impris­ onment.". University Hospital Act Section 8(3) Delete the word "four" and substitute therefor the words "two hundred and fifty thousand". New Section 8A Insert next after section 8 the following as section 8A~ ··Minlstcr may amcnd monetary penalties 8A. The Minister may, by order subject to affirmative resolution, amend the monetary penalties specified in this Act.". Section 9 1. In subsection (4 )(b) delete the word "one" and substitute therefor the words "ten thousand". 2. Insert next after subsection (4) the following as subsection (5)~ (5) Notwithstanding section 29(b) of the Interpretation Act, regulations made under this section may provide in respect of any of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment." . 18 [No. The Health and Allied Professions and Services (Miscellaneolls Penalty Provisions) Act. 2011 Enactments Amendments Venereal Disease Act Section 5 Delete the words .. twenty" and "fifty" and substitute therefor the words "two hundred and fifty thousand" and "five hundred thousand". respectively. New sections Insert next after section 5 the following as sections 6 and 7 6 and 7~~ "Regulations. 6.~( I) The Minister may make regulations for the better carrying out ofthe provisions and purposes of this Act. (2) Notwithstanding section 29(b) of the Interpretation Act. regula­ tions made under this section may provide in respect of a breach of any of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprison­ ment for a term not exceeding twelve months or both such fine and imprisonment. Minister 7. The Minister may, by order may amend subject to affirmative monetary penal lies resolution, amend the monetary penalties specified in this Act.". Passed in the House of Representatives this 1st day of February, 2011. DELROY H. CHUCK, Speaker. 19 The Health and Allied Proj'essions and Services [No. (Miscellaneous Penalty Provisions) Act, 20l/ Passed in the Senate this 11 th day of February, 2011. OSWALD G. HARDING, OJ, CD, QC President, This printed impression has been care/itll)' compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy ofthe said Act. Clerk to the Houses ofParliament.