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| Wednesday 7 September 2011 |
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| Health and Social Care (Re-Committed) Bill, As Amended
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| New Clauses, new Schedules and Amendments relating to the provision of |
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| information, advice or counselling about termination of pregnancy |
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| Page 6, line 8 [Clause 10], at end insert— |
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| | ‘(c) | after paragraph (f) insert a new paragraph as follows— |
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| | “(g) | independent information, advice and counselling |
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| | services for women requesting termination of pregnancy |
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| | to the extent that the clinical commissioning group |
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| | considers they will choose to use them.”.’. |
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| Page 6, line 8 [Clause 10], at end insert— |
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| | ‘(2A) | After subsection (1) insert a new subsection as follows— |
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| | “(1A) | In this section, information, advice and counselling is independent where |
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| | it is provided by either— |
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| | (i) | a private body that does not itself provide for the |
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| | termination of pregnancies; or |
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| | (ii) | a statutory body.”.’. |
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| Page 6, line 8 [Clause 10], at end insert— |
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| | ‘(c) | after paragraph (f) insert— |
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| | “(g) | timely counselling services for women requesting |
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| | termination of pregnancy, to include— |
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| | (i) | the option of counselling by a neutral |
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| | organisation, with the NHS considered the |
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| | (ii) | the additional choice of referral to any British |
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| | Association for Counselling and Psychotherapy |
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| | | to the extent that the clinical commissioning group |
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| | considers they will choose to use them.”’. |
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| Page 6, line 8 [Clause 10], at end insert— |
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| | ‘(2A) | After subsection (1) insert— |
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| | “(1A) | In this section , an organisation is neutral where it is neither faith-based |
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| | nor ideologically based and is not a private body which itself provides for |
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| | the termination of pregnancies. Timely refers to a timeframe set by the |
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| | commissioning authority, but which shall not unduly delay a woman’s |
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| | Negatived on division 1221 |
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| Page 9, line 37 [Clause 14], at end insert— |
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| | ‘( ) | After paragraph 8 insert— |
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| | “Provision of independent information, advice and counselling services for |
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| | women requesting a termination of pregnancy |
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| | 8A (1) | A local authority must make available to women requesting |
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| | termination of pregnancy from any clinical commissioning group the |
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| | option of receiving independent information, advice and counselling. |
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| | (2) | In this paragraph, information, advice and counselling are independent |
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| | where they are provided by either— |
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| | (a) | a private body that does not itself refer, provide or have any |
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| | financial interest in providing for the termination of |
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| Page 9, line 37 [Clause 14], at end insert— |
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| | ‘( ) | After paragraph 8 insert— |
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| | “Provision of advice relating to unplanned pregnancy |
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| | 8A | The Secretary of State must ensure that all organisations offering |
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| | information or advice in relation to unplanned pregnancy choices must |
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| | follow current evidence-based guidance produced by a professional |
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| | medical organisation specified by the Secretary of State.”.’. |
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| Page 17, line 11 [Clause 20], at end insert— |
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| | ‘(5) | In discharging its duty under subsection (1) the Board must ensure that all |
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| | organisations offering information or advice in relation to unplanned pregnancy |
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| | choices must follow current evidence-based guidance produced by a professional |
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| | medical organisation specified by the Secretary of State.’. |
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| Page 226, line 31 [Clause 240], at end insert— |
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| | ‘(1) | Regulations must require NICE to make recommendations with regard to the care |
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| | of women seeking an induced termination of pregnancy, including the option of |
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| | receiving independent information, advice and counselling about the procedure, |
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| | its potential health implications and alternatives, including adoption. |
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| | (2) | The regulations must require health or social care bodies or any private body that |
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| | provides for the termination of pregnancies to comply with the recommendations |
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| | made by NICE under subsection (1).’. |
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| Remaining New Clauses and New Schedules relating to, and remaining |
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| amendments to, Parts 1, 2, and 5 to 12;
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| Remaining Proceedings on Consideration |
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| | Complaints about exercise of public health functions by local authorities |
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| To move the following Clause:— |
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| | ‘In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) |
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| | after section 73B insert— |
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| | “73C | Complaints about exercise of public health functions by local |
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| | (1) | Regulations may make provision about the handling and consideration of |
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| | complaints made under the regulations about — |
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| | (a) | the exercise by a local authority of any of its public health |
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| | (b) | the exercise by a local authority of its functions by virtue of |
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| | (c) | anything done by a local authority in pursuance of arrangements |
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| | (d) | the exercise by a local authority of any of its other functions— |
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| | (i) | which relate to public health, and |
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| | (ii) | for which its director of public health has responsibility; |
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| | (e) | the provision of services by another person in pursuance of |
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| | arrangements made by a local authority in the exercise of any |
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| | function mentioned in paragraphs (a) to (d). |
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| | (2) | The regulations may provide for a complaint to be considered by one or |
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| | (a) | the local authority in respect of whose functions the complaint is |
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| | (b) | an independent panel established under the regulations; |
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| | (c) | any other person or body. |
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| | (3) | The regulations may provide for a complaint or any matter raised by a |
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| | (a) | to be referred to a Local Commissioner under Part 3 of the Local |
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| | Government Act 1974 for the Commissioner to consider whether |
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| | to investigate the complaint or matter under that Part; |
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| | (b) | to be referred to any other person or body for that person or body |
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| | to consider whether to take any action otherwise than under the |
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| | (4) | Where the regulations make provision under subsection (3)(a) they may |
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| | also provide for the complaint to be treated as satisfying sections 26A and |
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| | (5) | Section 115 of the Health and Social Care (Community Health and |
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| | Standards) Act 2003 (health care and social services complaints |
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| | regulations: supplementary) applies in relation to regulations under this |
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| | section as it applies in relation to regulations under subsection (1) of |
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| | (6) | In this section, “local authority” has the same meaning as in section |
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| | Other dissemination of information |
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| To move the following Clause:— |
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| | ‘(1) | The Information Centre may disseminate (other than by way of publication), to |
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| | any such persons and in such form and manner and at such times, as it considers |
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| | appropriate any information— |
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| | (a) | which it collects pursuant to a direction under section 257 or a request |
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| | (b) | which falls within subsection (2). |
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| | (2) | Information falls within this subsection if— |
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| | (a) | the information is required to be published under section 262; |
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| | (b) | the information is in a form which identifies any relevant person to whom |
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| | the information relates or enables the identity of such a relevant person |
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| | to be ascertained and the Centre, after taking into account the public |
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| | interest as well as the interests of the relevant person, considers that it is |
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| | appropriate for the information to be disseminated; |
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| | (c) | the Centre is prohibited from publishing the information only by virtue |
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| | of it falling within section 262(2)(c) and the Centre considers it would be |
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| | in the public interest for the information to be disseminated; |
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| | (d) | the Centre is prohibited from publishing the information only by virtue |
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| | of a direction given under section 262(2)(d) and that direction provides |
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| | that the power in subsection (1) applies to the information. |
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| | (3) | A direction under section 262(2)(d) may require the Information Centre to |
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| | disseminate information which the Centre is prohibited from publishing only by |
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| | (4) | A direction under section 257 may require, and a request under section 258 may |
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| | request, the Information Centre to exercise— |
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| | (a) | the power conferred by subsection (1) in relation to information which it |
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| | collects pursuant to the direction or request, or |
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| | (b) | any other power it has to disseminate such information under or by virtue |
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| | of any other provision of this or any other Act. |
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| | (5) | A direction under section 257 may require, and a request under section 258 may |
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| | request, the Information Centre not to exercise the power conferred by subsection |
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| | (1) in relation to information which it collects pursuant to the direction or request. |
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| | (6) | Nothing in this section prevents the Information Centre from disseminating |
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| | information (otherwise than by publishing it) pursuant to the exercise of any |
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| | function conferred by or under any other provision of this or any other Act. |
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| | (7) | A requirement imposed on, or a request made to, the Information Centre in |
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| | accordance with this section to disseminate information may include a |
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| | requirement or request about the persons to whom the information is to be |
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| | disseminated and the form, manner and timing of dissemination.’. |
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| | Subsequent property transfer schemes |
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| To move the following Clause:— |
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| | ‘(1) | This section applies in relation to any property, rights or liabilities which are |
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| | transferred under a property transfer scheme under section 299(2) from a Primary |
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| | Care Trust, a Strategic Health Authority or the Secretary of State to a Special |
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| | Health Authority or a qualifying company. |
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| | (2) | The Secretary of State may make a scheme for the transfer of any such property, |
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| | rights or liabilities from the Special Health Authority or the qualifying company |
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| | to any body or other person mentioned in the second column of Schedule 23. |
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| | (3) | Subsections (1) to (4) and (6) of section 300 apply in relation to a scheme under |
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| | subsection (2) as they apply in relation to a property transfer scheme under |
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| | Commencement: consultation with Scottish Ministers |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must consult the Scottish Ministers before making an order |
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| | under section 304(4) relating to— |
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| | (a) | section 54 (radiation protection functions), so far as relating to the |
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| | (b) | section 56 (co-operation in relation to public health functions), so far as |
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| | relating to the exercise of functions in relation to Scotland by a person to |
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| | which the provision inserted by subsection (1) of that section applies, |
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| | (c) | section 226(4) (requirement for persons advised etc. by the Professional |
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| | Standards Authority for Health and Social Care to pay fee), so far as |
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| | relating to the Scottish Ministers, |
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| | (d) | section 227(1) (funding of the Professional Standards Authority for |
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| | Health and Social Care), so far as relating to a body that regulates a |
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| | profession in Scotland which does not fall within Section G2 of Part 2 of |
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| | Schedule 5 to the Scotland Act 1998 (health professions), |
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| | (e) | section 227(4) and (5) (power of the Professional Standards Authority for |
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| | Health and Social Care to borrow), so far as relating to functions of the |
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| | Professional Standards Authority for Health and Social Care which are |
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| | exercisable in relation to— |
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| | (i) | unregulated health professionals in Scotland, unregulated health |
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| | care workers in Scotland or relevant students in Scotland, |
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| | (ii) | a body that maintains a register of persons within sub- |
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| | (iii) | a profession in Scotland which does not fall within Section G2 of |
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| | Part 2 of Schedule 5 to the Scotland Act 1998, or |
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| | (iv) | a body that regulates a profession within sub-paragraph (iii), |
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| | (f) | section 228(1) (power of the Professional Standards Authority for Health |
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| | and Social Care to advise regulatory bodies etc.), so far as relating to a |
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| | body that regulates a profession in Scotland which does not fall within |
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| | Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, |
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| | health professions and auditors), |
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| | (g) | section 229(8) (requirement for the Professional Standards Authority for |
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| | Health and Social Care to lay copy strategic reports before Parliament |
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| | etc.), so far as relating to the Scottish Parliament, |
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| | (h) | section 230 (appointments to regulatory bodies), so far as relating to— |
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| | (i) | the exercise of the appointment functions under subsection (8)(f) |
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| | of the provision inserted by that section, or |
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| | (ii) | subsection (4) of that provision, |
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| | (i) | section 231 (establishment of voluntary registers), so far as relating to the |
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| | establishment and maintenance of relevant registers, |
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| | (j) | section 232 (accreditation of voluntary registers), so far as relating to the |
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| | functions of the Professional Standards Authority for Health and Social |
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| | Care in relation to relevant registers, |
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| | (k) | Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care |
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| | Professions Council or the Professional Standards Authority for Health |
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| | and Social Care) and section 233(1) so far as relating to the Part in |
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| | (l) | paragraphs 1 to 4 of Schedule 22 (amendments of the National Health |
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| | Service (Scotland) Act 1978 relating to the relationships between the |
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| | health services) and section 296 so far as relating to those paragraphs. |
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| | “relevant registers” means— |
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| | (a) | registers of unregulated health professionals in Scotland, |
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| | (b) | registers of unregulated health care workers in Scotland, or |
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| | (c) | registers of relevant students in Scotland, |
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| | “relevant students in Scotland” means persons participating in studies in |
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| | Scotland for the purpose of becoming— |
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| | (d) | an unregulated health professional, |
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| | (e) | an unregulated health care worker, or |
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| | (f) | a member of a profession which does not fall within Section G2 |
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| | of Part 2 of Schedule 5 to the Scotland Act 1998, |
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| | “unregulated health professional” means a person who is or has been |
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| | practising as an unregulated health professional (within the meaning of |
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| | the provisions inserted by section 231) and “unregulated health |
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| | professional in Scotland” means a person who is or has been practising |
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| | “unregulated health care worker” means a person who is or has been |
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| | engaged in work as an unregulated health care worker (within the |
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| | meaning of those provisions) and “unregulated health care worker in |
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| | Scotland” means a person who is or has been engaged in such work in |
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| | Requirements as to transparency |
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| To move the following Clause:— |
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| | ‘(1) | Regulations may impose requirements on the National Health Service |
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| | Commissioning Board and clinical commissioning groups for the purpose of |
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| | ensuring that they are open and transparent in their decisions in commissioning |
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| | health services for the purpose of the NHS. |
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| | (2) | Regulations under this section may in particular impose requirements relating |
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| | (a) | the imposition of minimum waiting times for patients, |
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