Health Act 1956

112ZK Requirement to consult

• (1) This section applies to regulations made under section 112ZF(1)(g) that—

  • (a) incorporate standards by reference; or

  • (b) state that an amendment to, or replacement of, standards incorporated by reference in regulations has legal effect as part of the regulations.

  (2) Before regulations to which this section applies are made, the Director-General must—

  • (a) prepare the standards proposed to be incorporated by reference or the proposed amendment to, or replacement of, standards incorporated by reference (proposed standards) in consultation with persons or organisations whom the Director-General considers appropriate, including persons who are able to represent the views of health practitioners, or of classes of health practitioner, who will be directly affected by the proposed standards; and

  • (b) make copies of the proposed standards available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry of Health and at any other places that the Director-General determines are appropriate; and

  • (c) make copies of the proposed standards available for purchase at a reasonable price; and

  • (d) [Repealed]

  • (e) give notice in the Gazette stating that—

    • (i) the proposed standards are available for inspection during working hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and

    • (ii) copies of the proposed standards can be purchased and the place or places at which they can be purchased; and

    • (iii) [Repealed]

  • (f) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed standards by reference; and

  • (g) consider any comments they make.

  (2A) Before regulations to which this section applies are made, the Director-General—

  • (a) may make copies of the proposed standards available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and

  • (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed standards are available in other ways and details of where or how they can be accessed or obtained.

  (3) A failure to comply with this section does not invalidate regulations that incorporate standards by reference.

  Part 4A (comprising sections 112A to 112ZP) was inserted, as from 7 March 2005, by section 4 Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3). See section 2(1) of that Act as to section 112C of this Act coming into force as from 1 July 2004. See sections 6 and 7 of that Act for transitional provisions relating to the National Cervical Screening Programme.

  Subsection (2)(d) was repealed, as from 14 April 2005, by section 3(1)(a) Health Amendment Act 2005 (2005 No 34).

  Subsection (2)(e)(iii) was repealed, as from 14 April 2005, by section 3(1)(b) Health Amendment Act 2005 (2005 No 34).

  Subsection (2A) was inserted, as from 14 April 2005, by section 3(2) Health Amendment Act 2005 (2005 No 34).