Epilepsy and Related Conditions (Education and Health Services) Bill (HC Bill 112)

1 Epilepsy and related conditions strategy

(1) The Secretary of State must prepare and publish a document setting out a

strategy for meeting the needs of children and adults in England with epilepsy

and related conditions by improving the provision of relevant services to such

5children and adults by local authorities, NHS bodies and educational

establishments.

(2) That document is referred to in this Act as “the epilepsy and related conditions

strategy”.

(3) The epilepsy and related conditions strategy must be published no later than 1

10April 2012.

(4) The Secretary of State—

(a) must keep the epilepsy and related conditions strategy under review,

and

(b) may revise it.

(5) 15If the Secretary of State revises the epilepsy and related conditions strategy the

Secretary of State must publish it as revised.

(6) The Secretary of State must consult and seek the participation of such persons

as the Secretary of State considers appropriate—

(a) in preparing the epilepsy and related conditions strategy, or

(b) 20in revising it in a way which would, in the opinion of the Secretary of

State, result in a substantial change to the strategy.

(7) A document prepared and published by the Secretary of State before this

section comes into force is as effective for the purposes of this section as a

document prepared and published after that time.

(8) Consultation and steps to seek participation undertaken by the Secretary of

5State before this section comes into force are as effective for the purposes of this

section as consultation and steps to seek participation undertaken after that

time.

2 Guidance by the Secretary of State

(1) For the purpose of securing the implementation of the epilepsy and related

10conditions strategy, the Secretary of State must issue guidance—

(a) to local authorities about the exercise of their social services functions

within the meaning of the Local Authority Social Services Act 1970Local Authority Social Services Act 1970 (see

section 1A of that Act), and

(b) to NHS bodies about the exercise of their functions concerned with the

15provision of relevant services.

(2) Guidance must be issued under this section no later than 31 December 2012.

(3) The Secretary of State—

(a) must keep the guidance under review, and

(b) may revise it.

(4) 20In keeping the guidance under review the Secretary of State must in particular

consider the extent to which the guidance has been effective in securing the

implementation of the epilepsy and related conditions strategy.

(5) Guidance issued under this section must in particular include guidance

about—

(a) 25the provision of relevant services for the purpose of diagnosing

epilepsy and related conditions;

(b) the identification of children and adults with such conditions;

(c) the assessment of the needs of children and adults with such conditions

for relevant services;

(d) 30planning in relation to the provision of relevant services to persons

with epilepsy and related conditions as they move from being children

to adults;

(e) other planning in relation to the provision of relevant services to

children and adults with epilepsy and related conditions;

(f) 35the training of staff who provide relevant services to children and

adults with epilepsy and related conditions;

(g) local arrangements for leadership in relation to the provision of

relevant services to children and adults with such conditions; and

(h) arrangements for the individual assessment of the special educational

40needs of children and adults with epilepsy and related conditions

attending educational establishments and for the provision of

appropriate support.

(6) The Secretary of State must consult and seek the participation of local

authorities, NHS bodies and educational establishments before—

(a) 45issuing guidance under this section, or

(b) revising it in a way which would, in the opinion of the Secretary of

State, result in a substantial change to the guidance.

(7) Consultation and steps to seek participation undertaken by the Secretary of

State before this section comes into force are as effective for the purposes of this

section as consultation and steps to seek participation undertaken after that

time.

3 5Local authorities and NHS bodies: duty to act under guidance

(1) This section applies to guidance or revised guidance issued under section 2 to

a local authority or an NHS body.

(2) Guidance or revised guidance is to be treated as if it were general guidance of

the Secretary of State under section 7 of the Local Authority Social Services Act

101970Local Authority Social Services Act

101970 (local authorities to exercise social services functions under guidance of

Secretary of State).

(3) For the purposes of guidance or revised guidance—

(a) an NHS body is to be treated as if it were a local authority within the

meaning of the 1970 Act (see section 1 of that Act), and

(b) 15the functions of an NHS body mentioned in section 2(1)(b) are to be

treated as if they were its social services functions within the meaning

of that Act (see section 1A of that Act).

4 Interpretation

(1) In this Act—

• 20“adult” means a person who is aged 18 or over (and, accordingly, “child”
  
  means a person who is under the age of 18);

• “educational establishment” has the same meaning as in section 71 of the
  
  Corporation Tax Act 2009;

• “local authority” means—

  (a)

  25a county council in England;

  (b)

  a district council in England;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London in its capacity as a
  
  local authority;

  (e)

  30the Council of the Isles of Scilly;

• “NHS body” means any body, organisation, company or person carrying
  
  out activities within or on behalf of the NHS;

• “relevant services”—

  (a)

  in relation to an NHS body, means health services provided for
  
  35the purposes of the health service continued under section 1(1)
  
  of the National Health Service Act 2006National Health Service Act 2006;

  (b)

  in relation to a local authority, means services provided in the
  
  exercise of the authority’s social services functions within the
  
  meaning of the Local Authority Social Services Act 1970Local Authority Social Services Act 1970 (see
  
  40section 1A of that Act).

(2) In this Act references to the provision of services include references to

arranging for the provision of services (and references to services provided are

to be construed accordingly).

5 Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

(b) 5any increase attributable to this Act in the sums payable under any other Act

out of money so provided.

6 Short title, commencement and extent

(1) This Act may be cited as the Epilepsy and Related Conditions (Education and

Health Services) Act 2011.

(2) 10This Act comes into force at the end of the period of 2 months beginning with

the day on which it is passed.

(3) This Act extends to England and Wales only.