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Written Question
Autism: Diagnosis
Thursday 3rd March 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what the average waiting time is for people seeking a diagnosis of autism; and what steps the Government plans to take to (a) reduce that time and (b) ensure that children can access care for autism.

Answered by Gillian Keegan - Secretary of State for Education

It is not possible at present to calculate an average waiting time for an autism diagnosis. The current autism diagnosis waiting times data collection and reporting by NHS Digital is experimental and focuses on the percentage of people receiving a first appointment for an autism assessment within a given timeframe. The latest data release in December 2021 suggests that in Quarter 1 2021/22, 12% of reported referrals for suspected autism had a first appointment recorded within the recommended 13 weeks.

To tackle waiting times for an autism diagnosis, we are investing £13 million in 2021/22. Of this, NHS England and NHS Improvement have provided £7 million to local areas to test and implement timely, quality autism diagnosis and post-diagnosis pathways for children and young people.


Written Question
Hospitals: Visits
Tuesday 22nd February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what plans he has to change covid-19 restrictions for visitors within hospitals.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Providers are expected to facilitate visits wherever possible and to do so in a way which manages infection risks. Visiting policies are ordinarily at the discretion of National Health Service trusts and other NHS bodies to make an assessment based on the local prevalence of COVID-19 and the specific design of facilities. National guidance encourages providers to actively find ways to ensure visiting can take place. NHS England keeps this guidance under regular review.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his Department has made an assessment of what will constitute a meal deal for the purposes of the high fat, sugar and salt (HFSS) regulations.

Answered by Maggie Throup

Offers commonly referred to as 'meal deals' or "dine in for two", are out of scope of volume price promotion restrictions, where foods are promoted as intending to be consumed together.

The "relevant special offer" definition provided in the Regulations deals with meal deals (which may include items of specified food) which are generally targeted as lunch options for adults to consume on the go that day or "dine in for 2" type offers that are reducing the cost of "complete" meals for multiple people, rather than being stockpiled at home; and they aim to reduce the cost of a single meal.

The Regulations refer to these offers as a "relevant special offer" which means an offer of a discounted price is permitted for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together (as, for example, in “meal deal” or “dine in for two” offers). However, all specified food, whether part of a meal deal or not, cannot be placed in restricted locations.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, sugar and salt (HFSS) regulations, when his Department plans to update and publish the nutrient profile model (NPM) technical guidance so that companies can accurately calculate the NPM scores; and whether his Department plans to provide a standardised online calculator for that matter.

Answered by Maggie Throup

The Nutrient Profiling Model (NPM) Technical Guidance can be used by companies to calculate the NPM values of their products accurately. The Department continues to have conversations with stakeholders on the NPM Technical Guidance in advance of the location and volume promotions regulations coming into force in October 2022. We recognise that industry want a tool to assist compliance and are looking into more ways to support businesses and enforcement bodies to calculate NPM scores.

The NPM 2004/5 Technical Guidance is available at the following link:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/216094/dh_123492.pdf


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, sugar and salt regulations, where liability will sit for products on online delivery platforms.

Answered by Maggie Throup

Retailers who are qualifying businesses are responsible for ensuring any contracts in place with an online delivery platform make clear that the law must be followed. They must also ensure that the products they sell are compliant with the location and price promotion restrictions on these types of platforms, where they remain responsible for this food being offered for sale.

Although retailers are responsible for the sale of their products online, online aggregators may also have such a responsibility. This could arise for example, when aggregators advertise, promote or facilitate the sale of products on behalf of a trader. A court will consider each case on its facts when considering if the actions of online delivery platforms and aggregators have led or contributed to a breach of the Regulations.

In areas where both the new online advertising and promotions restrictions may overlap, for example if a company has paid for advertising of an identifiable high fat, salt or sugar (HFSS) product displayed in an area restricted under the promotions regulations (such as on a retail home page, check-out page or page not intentionally opened by the consumer), the retailer or aggregator will be liable for the breach of promotions Regulations. It is also possible that the frontline regulator of the advertising restrictions may also find the advertiser liable in breach of advertising Regulations. However, as liability differs between the restrictions, we do not anticipate a scenario where an individual will be sanctioned twice for a single breach.

The promotion Regulations act independently of the existing CAP codes. If a piece of content is in scope of the promotions restrictions and potentially in breach of the UK Advertising Codes and this comes to the attention of the Advertising Standards Authority then it will refer the matter to the relevant enforcement authorities. Compliance with the promotions Regulations takes precedence over the non-statutory UK Advertising Codes.


Written Question
Food: Advertising
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high far, salt and sugar products regulations, how the online promotion rules will interplay with the (a) new online advertising rules and (b) existing CAP codes.

Answered by Maggie Throup

Retailers who are qualifying businesses are responsible for ensuring any contracts in place with an online delivery platform make clear that the law must be followed. They must also ensure that the products they sell are compliant with the location and price promotion restrictions on these types of platforms, where they remain responsible for this food being offered for sale.

Although retailers are responsible for the sale of their products online, online aggregators may also have such a responsibility. This could arise for example, when aggregators advertise, promote or facilitate the sale of products on behalf of a trader. A court will consider each case on its facts when considering if the actions of online delivery platforms and aggregators have led or contributed to a breach of the Regulations.

In areas where both the new online advertising and promotions restrictions may overlap, for example if a company has paid for advertising of an identifiable high fat, salt or sugar (HFSS) product displayed in an area restricted under the promotions regulations (such as on a retail home page, check-out page or page not intentionally opened by the consumer), the retailer or aggregator will be liable for the breach of promotions Regulations. It is also possible that the frontline regulator of the advertising restrictions may also find the advertiser liable in breach of advertising Regulations. However, as liability differs between the restrictions, we do not anticipate a scenario where an individual will be sanctioned twice for a single breach.

The promotion Regulations act independently of the existing CAP codes. If a piece of content is in scope of the promotions restrictions and potentially in breach of the UK Advertising Codes and this comes to the attention of the Advertising Standards Authority then it will refer the matter to the relevant enforcement authorities. Compliance with the promotions Regulations takes precedence over the non-statutory UK Advertising Codes.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, salt and sugar products regulations, what the definition of a customer route through store is; and whether that definition affects the inclusion of end of aisles.

Answered by Maggie Throup

The Regulations describe where qualifying businesses must not place specified food inside a physical store. Businesses in scope of the Regulations with stores that have 185.8 square metres (2,000 square feet) or greater of ‘relevant floor area’ will be in scope of the location promotion restrictions.

The relevant floor area excludes areas used mainly for the preparation or sale of food intended for immediate consumption whether on or off the premises (including, for example, a coffee shop or a canteen). Many seating areas of a café, for example, run by the business or a business other than the business primarily responsible for managing and operating the store may not count towards the relevant floor space of an area. This will need to be assessed by the enforcement authority when assessing the premises.

A ‘main customer route’ takes its natural meaning as one of the main routes a customer is expected to take when moving around the store, whereby a customer is directed through the store by passages between aisles. The purpose of this definition is to try not to capture island-type displays, as islands typically do not have an 'aisle-end' as no one side displays prominence in the same way that a typical long rectangular aisle does. An aisle end is defined as a display at the end of (but not in) an aisle, where the aisle end is adjacent to a main customer route through the store, or a separate structure (such as an island bin, free-standing unit (for example fridges/freezers), side stack or clip strip) connected or adjacent to, or within 50cm of, such an aisle end.

Businesses in scope of the Regulations must not place specified food in store at any area within 2 metres of a designated queuing area or a queue management system, other than within an aisle. Specified food cannot be placed at the end of an aisle and/or on an island type structure within 2 metres of a checkout facility or a designated queuing area.

A covered external area means a covered area outside and connected to a store’s main shopping area, through which the public passes to enter the main shopping area for example a foyer, lobby or vestibule.

Businesses in scope of the locations restrictions are prohibited from placing specified food within a certain distance of their store entrance or entrances. These restrictions do not apply to an ‘exit only’ exit from where customers cannot or should not enter into the store.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, sugar and salt (HFSS) regulations, what the definition is an aisle for the purpose of in aisle exemption within 2m of a designated queuing area and within 2m of a checkout facility.

Answered by Maggie Throup

The Regulations describe where qualifying businesses must not place specified food inside a physical store. Businesses in scope of the Regulations with stores that have 185.8 square metres (2,000 square feet) or greater of ‘relevant floor area’ will be in scope of the location promotion restrictions.

The relevant floor area excludes areas used mainly for the preparation or sale of food intended for immediate consumption whether on or off the premises (including, for example, a coffee shop or a canteen). Many seating areas of a café, for example, run by the business or a business other than the business primarily responsible for managing and operating the store may not count towards the relevant floor space of an area. This will need to be assessed by the enforcement authority when assessing the premises.

A ‘main customer route’ takes its natural meaning as one of the main routes a customer is expected to take when moving around the store, whereby a customer is directed through the store by passages between aisles. The purpose of this definition is to try not to capture island-type displays, as islands typically do not have an 'aisle-end' as no one side displays prominence in the same way that a typical long rectangular aisle does. An aisle end is defined as a display at the end of (but not in) an aisle, where the aisle end is adjacent to a main customer route through the store, or a separate structure (such as an island bin, free-standing unit (for example fridges/freezers), side stack or clip strip) connected or adjacent to, or within 50cm of, such an aisle end.

Businesses in scope of the Regulations must not place specified food in store at any area within 2 metres of a designated queuing area or a queue management system, other than within an aisle. Specified food cannot be placed at the end of an aisle and/or on an island type structure within 2 metres of a checkout facility or a designated queuing area.

A covered external area means a covered area outside and connected to a store’s main shopping area, through which the public passes to enter the main shopping area for example a foyer, lobby or vestibule.

Businesses in scope of the locations restrictions are prohibited from placing specified food within a certain distance of their store entrance or entrances. These restrictions do not apply to an ‘exit only’ exit from where customers cannot or should not enter into the store.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, sugar and salt (HFSS) regulations, whether HFSS products are permitted to be displayed where a premise has a dedicated exit.

Answered by Maggie Throup

The Regulations describe where qualifying businesses must not place specified food inside a physical store. Businesses in scope of the Regulations with stores that have 185.8 square metres (2,000 square feet) or greater of ‘relevant floor area’ will be in scope of the location promotion restrictions.

The relevant floor area excludes areas used mainly for the preparation or sale of food intended for immediate consumption whether on or off the premises (including, for example, a coffee shop or a canteen). Many seating areas of a café, for example, run by the business or a business other than the business primarily responsible for managing and operating the store may not count towards the relevant floor space of an area. This will need to be assessed by the enforcement authority when assessing the premises.

A ‘main customer route’ takes its natural meaning as one of the main routes a customer is expected to take when moving around the store, whereby a customer is directed through the store by passages between aisles. The purpose of this definition is to try not to capture island-type displays, as islands typically do not have an 'aisle-end' as no one side displays prominence in the same way that a typical long rectangular aisle does. An aisle end is defined as a display at the end of (but not in) an aisle, where the aisle end is adjacent to a main customer route through the store, or a separate structure (such as an island bin, free-standing unit (for example fridges/freezers), side stack or clip strip) connected or adjacent to, or within 50cm of, such an aisle end.

Businesses in scope of the Regulations must not place specified food in store at any area within 2 metres of a designated queuing area or a queue management system, other than within an aisle. Specified food cannot be placed at the end of an aisle and/or on an island type structure within 2 metres of a checkout facility or a designated queuing area.

A covered external area means a covered area outside and connected to a store’s main shopping area, through which the public passes to enter the main shopping area for example a foyer, lobby or vestibule.

Businesses in scope of the locations restrictions are prohibited from placing specified food within a certain distance of their store entrance or entrances. These restrictions do not apply to an ‘exit only’ exit from where customers cannot or should not enter into the store.


Written Question
Retail Trade: Food
Monday 21st February 2022

Asked by: Matt Vickers (Conservative - Stockton South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the high fat, sugar and salt (HFSS) regulations, what the definition is of covered external areas in regard to store entrances and the entrance space calculation.

Answered by Maggie Throup

The Regulations describe where qualifying businesses must not place specified food inside a physical store. Businesses in scope of the Regulations with stores that have 185.8 square metres (2,000 square feet) or greater of ‘relevant floor area’ will be in scope of the location promotion restrictions.

The relevant floor area excludes areas used mainly for the preparation or sale of food intended for immediate consumption whether on or off the premises (including, for example, a coffee shop or a canteen). Many seating areas of a café, for example, run by the business or a business other than the business primarily responsible for managing and operating the store may not count towards the relevant floor space of an area. This will need to be assessed by the enforcement authority when assessing the premises.

A ‘main customer route’ takes its natural meaning as one of the main routes a customer is expected to take when moving around the store, whereby a customer is directed through the store by passages between aisles. The purpose of this definition is to try not to capture island-type displays, as islands typically do not have an 'aisle-end' as no one side displays prominence in the same way that a typical long rectangular aisle does. An aisle end is defined as a display at the end of (but not in) an aisle, where the aisle end is adjacent to a main customer route through the store, or a separate structure (such as an island bin, free-standing unit (for example fridges/freezers), side stack or clip strip) connected or adjacent to, or within 50cm of, such an aisle end.

Businesses in scope of the Regulations must not place specified food in store at any area within 2 metres of a designated queuing area or a queue management system, other than within an aisle. Specified food cannot be placed at the end of an aisle and/or on an island type structure within 2 metres of a checkout facility or a designated queuing area.

A covered external area means a covered area outside and connected to a store’s main shopping area, through which the public passes to enter the main shopping area for example a foyer, lobby or vestibule.

Businesses in scope of the locations restrictions are prohibited from placing specified food within a certain distance of their store entrance or entrances. These restrictions do not apply to an ‘exit only’ exit from where customers cannot or should not enter into the store.