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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [9 January 2014]. |
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| To move the following Clause:— |
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| | ‘(1) | In section 26 of the Health and Social Care Act 2008 (registration procedure: |
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| | notice of proposals), after subsection (4) insert— |
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| | “(4A) | Where a proposal under subsection (4) names an individual and specifies |
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| | action that the Commission would require the registered person to take in |
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| | relation to that individual, the Commission must give that individual |
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| | notice in writing of the proposal.” |
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| | (2) | In section 28 of that Act (notice of decisions), in subsection (6), for “subsection |
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| | (7)” substitute “subsections (7) to (9)”. |
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| | (3) | In that section, after subsection (7) insert— |
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| | “(8) | But in a case where notice of the proposal has been given to an individual |
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| | under section 26(4A) subsection (7) does not apply unless, by the time |
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| | the Commission receives the applicant’s notification, it has received |
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| | notification from the individual that he or she does not intend to appeal. |
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| | (9) | And if the Commission receives notification from the individual after it |
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| | receives the applicant’s notification and before the end of the period |
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| | mentioned in subsection (6)(a), the decision is to take effect when the |
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| | Commission receives the individual’s notification.”’. |
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| | Integration of care and support with health services etc: integration fund |
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| To move the following Clause:— |
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| | ‘(1) | At the end of section 223B of the National Health Service Act 2006 (funding of |
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| | the National Health Service Commissioning Board) insert— |
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| | “(6) | Where the mandate specifies objectives relating to service integration, |
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| | the requirements that may be specified under section 13A(2)(b) include |
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5 | | such requirements relating to the use by the Board of an amount of the |
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| | sums paid to it under this section as the Secretary of State considers it |
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| | necessary or expedient to impose. |
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| | (7) | The amount referred to in subsection (6)— |
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| | (a) | is to be determined in such manner as the Secretary of State |
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10 | | considers appropriate, and |
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| | (b) | must be specified in the mandate. |
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| | (8) | The reference in subsection (6) to service integration is a reference to the |
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| | integration of the provision of health services with the provision of |
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| | health-related services or social care services, as referred to in sections |
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15 | | |
| | (2) | After section 223G of that Act (meeting expenditure of clinical commissioning |
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| | groups out of public funds) insert— |
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| | “223GA | Expenditure on integration |
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| | (1) | Where the mandate includes a requirement in reliance on section 223B(6) |
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20 | | (requirements relating to use by the Board of an amount paid to the Board |
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| | where mandate specifies service integration objectives), the Board may |
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| | direct a clinical commissioning group that an amount (a “designated |
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| | amount”) of the sums paid to the group under section 223G is to be used |
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| | for purposes relating to service integration. |
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25 | | (2) | The designated amount is to be determined— |
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| | (a) | where the mandate includes a requirement (in reliance on section |
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| | 223B(6)) that designated amounts are to be determined by the |
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| | Board in a manner specified in the mandate, in that manner; |
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| | (b) | in any other case, in such manner as the Board considers |
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30 | | |
| | (3) | The conditions under section 223G(7) subject to which the payment of a |
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| | designated amount is made must include a condition that the group |
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| | transfers the amount into one or more funds (“pooled funds”) established |
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| | under arrangements under section 75(2)(a) (“pooling arrangements”). |
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35 | | (4) | The conditions may also include— |
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| | (a) | conditions relating to the preparation and agreement by the |
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| | group and each local authority and other clinical commissioning |
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| | group that is party to the pooling arrangements of a plan for how |
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| | to use the designated amount (a “spending plan”); |
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40 | | (b) | conditions relating to the approval of a spending plan by the |
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| | (c) | conditions relating to the inclusion of performance objectives in |
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| | (d) | conditions relating to the meeting of any performance objectives |
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45 | | included in a spending plan or specified by the Board. |
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| | (5) | Where a condition subject to which the payment of a designated amount |
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| | is made is not met, the Board may— |
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| | (a) | withhold the payment (in so far as it has not been made); |
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| | (b) | recover the payment (in so far as it has been made); |
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50 | | (c) | direct the clinical commissioning group as to the use of the |
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| | designated amount for purposes relating to service integration or |
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| | for making payments under section 256. |
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| | (6) | Where the Board withholds or recovers a payment under subsection |
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55 | | (a) | it may use the amount for purposes consistent with such |
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| | objectives and requirements relating to service integration as are |
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| | specified in the mandate, and |
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| | (b) | in so far as the exercise of the power under paragraph (a) |
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| | involves making a payment to a different clinical commissioning |
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60 | | group or some other person, the making of the payment is subject |
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| | to such conditions as the Board may determine. |
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| | (7) | The requirements that may be specified in the mandate in reliance on |
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| | section 223B(6) include requirements to consult the Secretary of State or |
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| | other specified persons before exercising a power under subsection (5) or |
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65 | | |
| | (8) | The power under subsection (5)(b) to recover a payment may be |
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| | exercised in a financial year after the one in respect of which the payment |
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| | (9) | The payments that may be made out of a pooled fund into which a |
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70 | | designated amount is transferred include payments to a local authority |
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| | which is not party to the pooling arrangements in question in connection |
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| | with the exercise of its functions under Part 1 of the Housing Grants, |
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| | Construction and Regeneration Act 1996 (disabilities facilities grants). |
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| | (10) | In exercising a power under this section, the Board must have regard to |
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75 | | the extent to which there is a need for the provision of each of the |
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| | (a) | health services (see subsection (12)), |
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| | (b) | health-related services (within the meaning given in section |
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80 | | (c) | social care services (within the meaning given in that section). |
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| | (11) | A reference in this section to service integration is a reference to the |
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| | integration of the provision of health services with the provision of |
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| | health-related services or social care services, as referred to in sections |
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85 | | (12) | “Health services” means services provided as part of the health service in |
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| | As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and |
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| | support with health services etc: integration fund) (NC2):— |
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| Line 74, after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the |
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| To move the following Clause:— |
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| | ‘(1) | Regulations may make provision for appeals against decisions taken by a local |
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| | authority in the exercise of functions under this Part in respect of an individual |
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| | (including decisions taken before the coming into force of the first regulations |
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| | made under this subsection). |
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| | (2) | The regulations may in particular make provision about— |
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| | (a) | who may (and may not) bring an appeal; |
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| | (b) | grounds on which an appeal may be brought; |
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| | (c) | pre-conditions for bringing an appeal; |
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| | (d) | how an appeal is to be brought and dealt with (including time limits); |
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| | (e) | who is to consider an appeal; |
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| | (f) | matters to be taken into account (and disregarded) by the person or body |
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| | (g) | powers of the person or body deciding an appeal; |
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| | (h) | what action is to be taken by a local authority as a result of an appeal |
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| | (i) | providing information about the right to bring an appeal, appeal |
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| | procedures and other sources of information and advice; |
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| | (j) | representation and support for an individual bringing or otherwise |
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| | (3) | Provision about pre-conditions for bringing an appeal may require specified steps |
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| | to have been taken before an appeal is brought. |
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| | (4) | Provision about how an appeal is to be dealt with may include provision for— |
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| | (a) | the appeal to be treated as, or as part of, an appeal brought or complaint |
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| | made under another procedure; |
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| | (b) | the appeal to be considered with any such appeal or complaint. |
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| | (5) | Provision about who is to consider an appeal may include provision— |
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| | (a) | establishing, or requiring or permitting the establishment of, a panel or |
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| | other body to consider an appeal; |
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| | (b) | requiring an appeal to be considered by, or by persons who include, |
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| | persons with a specified description of expertise or experience. |
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| | (6) | Provision about representation and support for an individual may include |
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| | provision applying any provision of or made under section 68, with or without |
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| | (7) | The regulations may make provision for— |
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| | (a) | an appeal brought or complaint made under another procedure to be |
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| | treated as, or as part of, an appeal brought under the regulations; |
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| | (b) | an appeal brought or complaint made under another procedure to be |
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| | considered with an appeal brought under the regulations; |
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| | (c) | matters raised in an appeal brought under the regulations to be taken into |
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| | account by the person or body considering an appeal brought or |
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| | complaint made under another procedure. |
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| | (8) | The regulations may include provision conferring functions on a person or body |
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| | established by or under an Act (including an Act passed after the passing of this |
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| | Act); for that purpose, the regulations may amend, repeal, revoke or otherwise |
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| | (9) | Regulations may make provision, in relation to a case where an appeal is brought |
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| | under regulations under subsection (1)— |
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| | (a) | for any provision of this Part to apply, for a specified period, as if a |
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| | decision (“the interim decision”) differing from the decision appealed |
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| | (b) | as to what the terms of the interim decision are, or as to how and by whom |
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| | they are to be determined; |
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| | (c) | for financial adjustments to be made following a decision on the appeal. |
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| | (10) | The period specified under subsection (9)(a) may not begin earlier than the date |
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| | on which the decision appealed against was made, or end later than the date on |
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| | which the decision on the appeal takes effect.’. |
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| | Adult safeguarding access order |
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| To move the following Clause:— |
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| | ‘(1) | An authorised officer may apply to a justice of the peace for an order (an adult |
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| | safeguarding access order) in relation to a person living in any premises within a |
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| | (2) | The purposes of an adult safeguarding access order are— |
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| | (a) | to enable the authorised officer and any other person accompanying the |
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| | officer to speak in private with a person suspected of being an adult at risk |
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| | (b) | to enable the authorised officer to assess the mental capacity of a person |
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| | suspected of being an adult at risk of abuse; |
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| | (c) | to enable the authorised officer to ascertain whether that person is making |
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| | (d) | to enable the authorised officer properly to assess whether the person is |
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| | an adult at risk of abuse or neglect and to make a decision as required by |
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| | section 41(2) on what, if any, action should be taken. |
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| | (3) | While an adult safeguarding access order is in force, the authorised officer, a |
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| | constable and any other specified person accompanying the officer in accordance |
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| | with the order, may enter the premises specified in the order for the purposes set |
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| | (4) | The justice of the peace may make an adult safeguarding access order if satisfied |
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| | (a) | all reasonable and practicable steps have been taken to obtain access to a |
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| | person suspected of being an adult at risk of abuse or neglect before |
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| | seeking an order under this section; |
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| | (b) | the authorised officer has had regard for the general duty in section 1 |
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| | (Promoting individual well-being) in making a decision under subsection |
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| | (c) | the authorised officer has reasonable cause to suspect that a person is an |
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| | adult who is experiencing or at risk of abuse or neglect; |
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| | (d) | it is necessary for the authorised officer to gain access to the person in |
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| | order to make the enquiries needed to inform the decision required by |
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| | section 41(2) on what, if any, action should be taken; |
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| | (e) | making an order is necessary in order to fulfil the purposes set out in |
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| | (f) | exercising the power of access conferred by the order will not result in |
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| | the person being at greater risk of abuse or neglect. |
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| | (5) | An adult safeguarding access order must— |
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| | (a) | specify the premises to which it relates; |
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| | (b) | provide that the authorised officer may be accompanied by a constable; |
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| | (c) | specify the period for which the order is to be in force. |
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| | (6) | Other conditions may be attached to an adult safeguarding access order, for |
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| | (a) | specifying restrictions on the time that the power of access conferred by |
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| | the order may be exercised; |
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| | (b) | providing for the authorised officer to be accompanied by another |
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| | (c) | requiring notice of the order to be given to the occupier of the premises |
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| | and to the person suspected of being an adult at risk of abuse. |
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| | (7) | A constable accompanying the authorised officer may use reasonable force if |
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| | necessary in order to fulfil the purposes of an adult safeguarding access order set |
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| | (8) | On entering the premises in accordance with an adult safeguarding access order |
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| | the authorised officer must— |
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| | (a) | state the object of the visit; |
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| | (b) | produce evidence of the authorisation to enter the premises; and |
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| | (c) | provide an explanation to the occupier of the premises of how to |
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| | complain about how the power of access has been exercised. |
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| | (9) | In this section “an authorised officer” means a person authorised by a local |
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| | authority for the purposes of this section, but regulations may set restrictions on |
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| | the persons or categories of persons who may be authorised.’. |
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| | Duty to report adults at risk of abuse |
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| To move the following Clause:— |
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| | ‘(1) | If a relevant partner of a local authority has reasonable cause to suspect that the |
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| | local authority would be under a duty to make enquiries under section 42, it must |
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| | inform the local authority of that fact. |
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| | (2) | If the person that the relevant partner has reasonable cause to suspect would be |
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| | the subject of enquiries under section 42 and appears to be within the area of a |
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| | local authority other than the one of which it is a relevant partner, it must inform |
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| | that other local authority. |
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| | (3) | If a local authority has reasonable cause to suspect that a person within its area at |
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| | any time would be the subject of enquiries under section 42 and is living or |
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| | proposing to live in the area of another local authority (including a local authority |
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| | in Wales, Scotland or Northern Ireland), it must inform that other local authority. |
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| | (4) | In this section “relevant partner”, in relation to a local authority, means— |
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| | (a) | the local policing body and the chief officer of police for a police area any |
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| | part of which falls within the area of the local authority; |
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| | (b) | any other local authority with which the authority agrees that it would be |
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| | appropriate to co-operate under this section; |
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| | (c) | any provider of probation services that is required by arrangements under |
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| | section 3(2) of the Offender Management Act 2007 to act as a relevant |
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| | partner of the authority; |
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| | (d) | any provider of regulated activities as listed in Schedule 1 to the Health |
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| | and Social Care Act 2008 (Regulated Activities) Regulations 2010; |
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| | (e) | a local health board for an area any part of which falls within the area of |
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| | (f) | an NHS trust providing services in the area of the authority; and |
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| | (g) | such person, or a person of such description, as regulations may specify.’. |
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| | Child’s carer’s eligibility criteria |
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| To move the following Clause:— |
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| | ‘(1) | Where a local authority is satisfied on the basis of a child’s carer’s assessment that |
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| | a carer of a child has needs for care and support, it must determine whether any |
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| | of the needs meet the eligibility criteria (see subsection (6)). |
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| | (2) | Having made a determination under subsection (1), the local authority must give |
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| | the carer concerned a written record of the determination and the reasons for it. |
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| | (3) | Where at least some of a child’s carer’s needs for care and support meet the |
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| | eligibility criteria, the local authority must— |
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| | (a) | consider what could be done to meet those needs that are eligible; |
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| | (b) | ascertain whether the carer wants to have those needs met by the local |
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| | authority in accordance with this Part; and |
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