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| |
| | |
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| “( ) | a copy of any information published under section 65D,” |
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163 | Page 173, line 37, at end insert— |
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| “( ) | a copy of any statement provided under section 65F,” |
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164 | Page 173, line 38, after “65F,” insert “65G,” |
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165 | Page 173, line 39, after “65KB” insert “, 65KC” |
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166 | Page 173, line 40, after “statement” insert “published or provided” |
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167 | Page 173, line 42, at end insert “or 65KC” |
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168 | Page 175, leave out lines 26 to 29 |
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169 | Page 175, line 30, leave out subsection (3) and insert— |
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| “(3) | After sub-paragraph (5) insert— |
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| “(5A) | Regulations under sub-paragraph (1A) must make provision |
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| requiring a person who has power to appoint a member of the |
|
| Healthwatch England committee to secure that a majority of the |
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| members of the committee are not members of the Commission. |
|
| (5B) | Regulations under sub-paragraph (1A) may specify other results |
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| which a person who has power to appoint a member of the |
|
| |
| (5C) | Regulations under sub-paragraph (1A) may, in particular, make |
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| |
| (a) | eligibility for appointment; |
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| (b) | procedures for selecting or proposing persons for |
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| |
| (5D) | Regulations under sub-paragraph (1A) may, in particular, make |
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| |
| (a) | the removal or suspension of members of the committee; |
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| (b) | the payment of remuneration and allowances to |
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| |
170 | Page 175, line 34, leave out “Advice given by Healthwatch England” and insert |
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| “Healthwatch England and Local Healthwatch organisations” |
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171 | Page 175, line 36, after “(2)” insert “, (2A), (2B)” |
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172 | Page 176, line 2, leave out “advice on” and insert “general advice” |
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173 | Page 176, line 3, leave out “or in pursuance of” |
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174 | Page 176, line 5, at end insert— |
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| “(aa) | the making of arrangements in pursuance of arrangements |
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| made under section 221(1) of that Act (see section 222(2B) of |
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| |
175 | Page 176, line 6, leave out “by the organisations” |
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176 | Page 176, line 7, at end insert— |
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|
|
| |
| | |
|
| “(2A) | The function in this subsection is a power to make recommendations of a |
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| general nature to English local authorities about the making of |
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| arrangements under section 221(1) of that Act. |
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| (2B) | The function in this subsection is a power, where the Healthwatch England |
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| committee is of the opinion that the activities specified in section 221(2) of |
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| that Act are not being carried on properly in an English local authority’s |
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| area, to give the authority concerned written notice of its opinion.” |
|
177 | Page 176, line 35, at end insert— |
|
| “45AA | Conflicts of interest |
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| (1) | In making arrangements under section 45A(1), the Commission |
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| must have regard to any conflicts guidance issued by the Secretary |
|
| |
| (2) | In exercising functions on behalf of the Commission, the |
|
| Healthwatch England committee must have regard to any conflicts |
|
| guidance issued by the Secretary of State. |
|
| (3) | In this section, “conflicts guidance” means guidance about |
|
| managing conflicts between— |
|
| (a) | the exercise of functions by the Commission, and |
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| (b) | the exercise of functions by the Healthwatch England |
|
| committee on the Commission’s behalf.” |
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178 | Page 176, line 47, at end insert “and to every Local Healthwatch organisation” |
|
179 | Page 177, line 2, at end insert— |
|
| “(3A) | Where a recommendation is made to the committee under section |
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| 221(2)(ga) of the Local Government and Public Involvement in |
|
| Health Act 2007 (reports under subsection (3)), the committee must |
|
| have regard to the recommendation.” |
|
180 | Page 178, line 5, leave out subsection (14) and insert— |
|
| “(14) | The Healthwatch England committee is to be treated for the purposes of |
|
| section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a |
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| body that includes all the members of the Care Quality Commission.” |
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|
181 | |
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182 | Page 179, line 15, after “(2)” insert “— |
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| (a) | in each of paragraphs (a) to (c), before “people” insert “local”, and |
|
| |
183 | Page 179, line 28, after “Commission);” insert— |
|
| “(ga) | making recommendations to that committee to publish |
|
| reports under section 45B(3) of the Health and Social Care |
|
| Act 2008 about particular matters;” |
|
184 | Page 179, line 37, at end insert— |
|
| “( ) | After subsection (3A) insert— |
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|
|
| |
| | |
|
| “(3B) | Each local authority must ensure that only one set of arrangements |
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| under subsection (1) in relation to its area is in force at any one |
|
| |
185 | Page 179, line 37, at end insert— |
|
| “( ) | In subsection (6), after the definition of “local care services” insert— |
|
| ““local people”, in relation to a local authority, means— |
|
| (a) | people who live in the local authority’s area, |
|
| (b) | people to whom care services are being or may be |
|
| |
| (c) | people from that area to whom care services are |
|
| being provided in any place, and |
|
| (d) | people who are (taken together) representative of |
|
| the people mentioned in paragraphs (a) to (c);”.” |
|
186 | Page 179, line 38, leave out subsection (7) and insert— |
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| “(7) | In the title to section 221, omit “: local involvement networks.” |
|
187 | Page 179, line 39, at end insert— |
|
| “( ) | For the cross-heading preceding that section substitute “Local |
|
| |
188 | Page 179, line 39, at end insert— |
|
| “( ) | After section 45B of the Health and Social Care Act 2008 (inserted by |
|
| |
| “45C | Granting licence to use trade mark |
|
| (1) | The Commission may grant a Local Healthwatch organisation a |
|
| licence authorising the use, in relation to the carrying on of |
|
| activities under arrangements made under section 221(1) of the |
|
| Local Government and Public Involvement in Health Act 2007, of a |
|
| registered trade mark of which the Commission is the proprietor. |
|
| (2) | A licence under this section may not provide for the grant of a sub- |
|
| licence by the licensee other than a sub-licence authorising the use |
|
| of the mark by a Local Healthwatch contractor in relation to the |
|
| carrying on of Local Healthwatch arrangements. |
|
| |
| “Local Healthwatch arrangements” has the meaning given by |
|
| section 222 of the Local Government and Public |
|
| Involvement in Health Act 2007, |
|
| “Local Healthwatch contractor” has the meaning given by |
|
| section 223 of that Act, and |
|
| “registered trade mark” and “use” have the same meaning as |
|
| in the Trade Marks Act 1994.”” |
|
|
189 | Page 180, leave out lines 2 to 4 and insert— |
|
| “(2) | The arrangements must be made with a body corporate which— |
|
| (a) | is a social enterprise, and |
|
|
|
| |
| | |
|
| (b) | satisfies such criteria as may be prescribed by regulations |
|
| made by the Secretary of State. |
|
| (2A) | For so long as the arrangements are in force, the body with which |
|
| |
| (a) | has the function of carrying on in A’s area the activities |
|
| specified in section 221(2), and |
|
| (b) | is to be known as the “Local Healthwatch organisation” for |
|
| |
| (2B) | But the arrangements may authorise the Local Healthwatch |
|
| organisation to make, in pursuance of those arrangements, |
|
| arrangements (“Local Healthwatch arrangements”) with a person |
|
| (other than A) for that person— |
|
| (a) | to assist the organisation in carrying on in A’s area some or |
|
| all of the activities, or |
|
| (b) | (subject to provision made under section 223(2)(e)) to carry |
|
| on in A’s area some (but not all) of the activities on the |
|
| |
190 | Page 180, line 5, leave out subsection (3) and insert— |
|
| “(3) | In subsection (3), for the words from the beginning to “who is not” |
|
| substitute “None of the following is capable of being a Local Healthwatch |
|
| |
191 | Page 180, line 7, leave out subsection (4) and insert— |
|
| “(4) | For subsection (4) substitute— |
|
| “(4) | The arrangements must secure the result that Local Healthwatch |
|
| arrangements will not be made with a body of a description |
|
| specified in subsection (3) or with the National Health Service |
|
| |
192 | Page 180, line 19, leave out subsection (7) and insert— |
|
| “(7) | For subsection (8) substitute— |
|
| “(8) | For the purposes of this section, a body is a social enterprise if— |
|
| (a) | a person might reasonably consider that it acts for the |
|
| benefit of the community in England, and |
|
| (b) | it satisfies such criteria as may be prescribed by regulations |
|
| made by the Secretary of State. |
|
| (9) | Regulations made by the Secretary of State may provide that |
|
| activities of a prescribed description are to be treated as being, or as |
|
| not being, activities which a person might reasonably consider to be |
|
| activities carried on for the benefit of the community in England. |
|
| (10) | In subsections (8) and (9), “community” includes a section of the |
|
| community; and regulations made by the Secretary of State may |
|
| make provision about what does, does not or may constitute a |
|
| section of the community.”” |
|
193 | Page 180, line 19, at end insert— |
|
| “( ) | For the title to section 222 substitute “Local Healthwatch organisations.” |
|
194 | Page 180, line 19, at end insert— |
|
|
|
| |
| | |
|
| “( ) | After section 222 insert— |
|
| “222A | Local authority arrangements: conflicts of interest |
|
| (1) | In making arrangements under section 221(1), a local authority |
|
| must have regard to any conflicts guidance issued by the Secretary |
|
| |
| (2) | Arrangements under section 221(1) must require the Local |
|
| Healthwatch organisation, in exercising its function of carrying on |
|
| the activities specified in section 221(2) or in making Local |
|
| Healthwatch arrangements, to have regard to any conflicts |
|
| guidance issued by the Secretary of State. |
|
| (3) | In this section, “conflicts guidance” means guidance about |
|
| managing conflicts between— |
|
| (a) | the making of arrangements under section 221(1), and |
|
| (b) | the carrying-on of the activities specified in section 221(2). |
|
| (4) | In this section, “Local Healthwatch arrangements” has the meaning |
|
| |
195 | Page 180, line 20, leave out subsections (8) to (11) |
|
|
196 | Insert the following new Clause— |
|
| “Local arrangements: power to make further provision |
|
| (1) | Section 223 of the Local Government and Public Involvement in Health Act |
|
| 2007 (power to make further provision about local authority arrangements) |
|
| |
| (2) | In subsection (1), for “require prescribed provision to be included in local |
|
| involvement network arrangements” substitute “include prescribed |
|
| |
| (3) | After that subsection insert— |
|
| “(1A) | The Secretary of State may make regulations which provide that |
|
| local authority arrangements must require Local Healthwatch |
|
| arrangements to include prescribed provision.” |
|
| |
| (a) | for “must require local involvement network arrangements to |
|
| include” substitute “must include or (as the case may be) must |
|
| require Local Healthwatch arrangements to include”, |
|
| (b) | in paragraphs (a), (c) and (d), for “a local involvement network” |
|
| substitute “a Local Healthwatch organisation or a Local |
|
| Healthwatch contractor”, and |
|
| (c) | after paragraph (d) insert “; |
|
| (e) | prescribed provision relating to the activities which |
|
| a Local Healthwatch contractor may not carry on on |
|
| a Local Healthwatch organisation’s behalf; |
|
| (f) | prescribed provision relating to the obtaining by a |
|
| Local Healthwatch organisation of a licence under |
|
| section 45C of the Health and Social Care Act 2008 |
|
|
|
| |
| | |
|
| and the grant by the organisation to a Local |
|
| Healthwatch contractor of a sub-licence; |
|
| (g) | prescribed provision relating to the use by a Local |
|
| Healthwatch organisation or a Local Healthwatch |
|
| contractor of the trade mark to which a licence under |
|
| |
| (h) | prescribed provision relating to the infringement of |
|
| the trade mark to which a licence under that section |
|
| |
| (i) | prescribed provision relating to the imposition of a |
|
| requirement on a Local Healthwatch organisation to |
|
| act with a view to securing that its Local |
|
| Healthwatch contractors (taken together) are |
|
| |
| (i) | people who live in the local authority’s area, |
|
| (ii) | people to whom care services are being or |
|
| may be provided in that area, and |
|
| (iii) | people from that area to whom care services |
|
| are being provided in any place.” |
|
| (5) | After subsection (2) insert— |
|
| “(2A) | The provision which may be prescribed in relation to a Local |
|
| Healthwatch contractor includes provision that relates to the |
|
| |
| (a) | only in so far as it assists the Local Healthwatch |
|
| organisation in the carrying on of activities specified in |
|
| |
| (b) | only in so far as it carries on such activities on the |
|
| |
| (2B) | Regulations under this section may make provision which applies |
|
| to all descriptions of Local Healthwatch contractor, which applies |
|
| to all those descriptions subject to specified exceptions or which |
|
| applies only to such of those descriptions as are prescribed.” |
|
| |
| (a) | before the definition of “a local involvement network” insert— |
|
| ““care services” has the meaning given by section |
|
| |
| (b) | omit the definition of “a local involvement network”, |
|
| (c) | for the definition of “local involvement network arrangements” |
|
| |
| ““Local Healthwatch arrangements” has the meaning |
|
| |
| (d) | after that definition insert— |
|
| ““Local Healthwatch contractor”, in relation to a Local |
|
| Healthwatch organisation, means a person with |
|
| whom the organisation makes Local Healthwatch |
|
| |
| (e) | after the definition of “prescribed provision” insert “; |
|
| “trade mark”, and “use” and “infringement” in relation |
|
| to a trade mark, each have the same meaning as in |
|
| the Trade Marks Act 1994.”” |
|
|