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| Clause 118, page 101, line 31, at end insert— |
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| | ‘(A1) | In section 65H of the National Health Service Act 2006 (Chapter 5A of Part 2: |
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| | consultation requirements), in subsection (7) after “Secretary of State;”, insert— |
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| | “(c) | any overview and scrutiny committees in whose area the affected trusts |
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| | have hospitals, establishments or facilities; and” |
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| | (A2) | In section 65H of that Act (consultation requirements), in subsection (8) leave out |
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| | “(a) | an overview and scrutiny committee of any authority to which section |
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| Clause 118, page 101, line 31, at end insert— |
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| | ‘(A3) | In section 65H of that Act (consultation requirements), at the end of subsection |
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| | “( ) | The Trust Special Administrator must hold at least one meeting with |
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| | overview and scrutiny committees in whose area the affected trusts have |
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| | hospitals, establishments or facilities.”.’. |
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| Clause 118, page 101, line 31, at end insert— |
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| | ‘(A4) | In section 65KB of the National Health Service Act 2006 (Secretary of State’s |
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| | response to regulator’s decision), after paragraph (1)(b), insert— |
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| | “(ba) | that in the discharge of its functions the trust special |
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| | administrator has reasonably sought and considered responses |
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| | from any affected trusts, staff of any affected trusts and such |
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| | persons as the trust special administrator may recognise as |
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| | representing staff of any affected trust, and any person to which |
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| | an affected trust provides goods or services under this Act that |
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| | would be affected by the action recommended in the draft |
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| Clause 118, page 102, line 19, at end insert— |
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| | ‘( ) | After subsection (7) of that section insert— |
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| | “(8) | Where the administrator recommends taking action in relation to another |
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| | NHS foundation trust or an NHS trust, the references in subsection (5) to |
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| | a commissioner also include a reference to a person to which the other |
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| | NHS foundation trust or the NHS trust provides services under this Act |
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| | that would be affected by the action.”.’. |
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| Clause 118, page 102, line 27, at end insert— |
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| | ‘( ) | In section 65H of that Act (consultation requirements), in subsection (4)— |
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| | (a) | after “trust special administrator must” insert “— |
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| | (b) | at the end insert “, and |
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| | (b) | in the case of each affected trust, hold at least one |
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| | meeting to seek responses from staff of the trust and |
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| | from such persons as the trust special administrator may |
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| | recognise as representing staff of the trust.” |
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| | ( ) | In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) |
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| | inserted by section 84(10)(a)) insert— |
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| | “(bza) | any affected trust; |
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| | (bzb) | any person to which an affected trust provides goods or services |
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| | under this Act that would be affected by the action recommended |
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| | ( ) | In subsection (9) of that section— |
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| | (a) | after “trust special administrator must” insert “— |
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| | (b) | after “subsection (7)(b),” (but before the insertion made by section |
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| | 84(10)(b)) insert “(bzb),”, and |
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| | (c) | at the end insert “, and |
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| | (b) | hold at least one meeting to seek responses from |
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| | representatives of each of the trusts from which the |
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| | administrator must request a written response under |
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| | ( ) | After subsection (11) of that section, insert— |
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| | “(11A) | In this section, “affected trust” means— |
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| | (a) | where the trust in question is an NHS trust, another NHS trust, or |
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| | an NHS foundation trust, which provides goods or services under |
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| | this Act that would be affected by the action recommended in the |
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| | (b) | where the trust in question is an NHS foundation trust, another |
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| | NHS foundation trust, or an NHS trust, which provides services |
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| | under this Act that would be affected by the action recommended |
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| | ( ) | In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “and |
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| Clause 118, page 103, line 22, at end insert— |
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| | ‘( ) | in that paragraph, after sub-paragraph (7) insert— |
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| | “(8) | Omit subsection (8).”.’. |
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| Clause 118, page 103, line 26, at end insert— |
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| | ‘( ) | in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute |
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| | “paragraphs (b) and (bzb)”, |
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| | ( ) | in that paragraph, after sub-paragraph (4) insert— |
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| | “(4A) | In subsection (11A)— |
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| | (a) | omit paragraph (a), and |
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| | (b) | in paragraph (b), omit “where the trust in question is |
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| | an NHS foundation trust,” and “, or an NHS |
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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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| | 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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