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| |
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| | | before entering into a deferred payment arrangement, |
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| | (c) | the average length of time a deferred payment arrangement is held, |
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| | (d) | the numbers of individuals holding such arrangements broken down by |
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| | different periods of time held, amd |
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| | (e) | the amount of money deferred under such arrangement.’. |
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| |
| | National framework for local authority fees for care providers |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall establish an indicative national formula with which |
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| | local authorities shall determine the costs of care provision in their area. |
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| | (2) | In having regard to the matters mentioned in section 5(2)(b), a local authority |
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| | must derive fee levels for independent providers of care and support services |
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| | from the formula mentioned in subsection (1). |
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| | (3) | The Secretary of State shall make arrangements for the audit of local authority fee |
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| | levels to determine their compliance with the duty mentioned in subsection (2) |
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| | and the extent to which this contributes to the effective delivery of the |
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| | requirements of section 5(2), with particular reference to paragraphs (b), (d), (e) |
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| | |
| | (4) | The formula in subsection (1) shall be made by regulations laid in pursuance of |
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| | section 123(4) of this Act.’. |
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| |
| | Duty to review economic, financial and other factors affecting provision of care services |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make arrangements for— |
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| | (a) | a review of the economic and financial factors affecting the employment |
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| | (including recruitment, training and development, effective deployment |
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| | and retention) of care sector workers and the extent to which current |
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| | policies, mechanisms and relevant compliance by regulated providers of |
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| | care services make it more or less likely that the objectives of this Act |
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| | |
| | (b) | a public consultation on the conclusions and recommendations of the |
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| | |
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| |
| |
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| | (2) | The Secretary of State shall lay a report of the review and public consultation |
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| | before each House of Parliament by 1 September 2014.’. |
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| |
| | Impact of working conditions on quality of care |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | In exercising their functions under Part 1 local authorities must assess and |
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| | consider how working conditions for people employed in care and support |
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| | services impact on the fulfilment of local authority duties under Part 1 of this Act. |
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| | (2) | “Care and support services” means— |
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| | (a) | services provided by a local authority; and |
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| | (b) | services commissioned by a local authority. |
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| | (3) | Regulations may specify particular matters local authorities must have regard to |
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| | in relation to subsection (1).’. |
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| |
| | Promoting health of carers |
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| | |
| To move the following Clause:— |
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| | ‘(1) | In exercising their functions health bodies shall— |
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| | (a) | promote and safeguard the health and well-being of carers; |
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| | (b) | ensure that effective procedures exist to identify patients who are or are |
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| | |
| | (c) | ensure that appropriate systems exist to ensure that carers receive |
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| | appropriate information and advice; and |
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| | (d) | ensure that systems are in place to ensure that the relevant general |
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| | medical services are rendered to their patients who are carers.’. |
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| |
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| | Local authorities: duties with respect to young carers |
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| | |
| To move the following Clause:— |
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| | ‘(1) | A local authority must ensure that it takes all reasonable steps to ensure that in |
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| | |
| | (a) | any school within its area and under its control; and |
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| | (b) | any functions it discharges in pursuance of its responsibilities as a |
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| | children’s services authority, there is in place a policy that both identifies |
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| | young carers and makes arrangement for the provision of support for |
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| | pupils who are young carers. |
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| | (2) | In discharging its duty under subsection (1), a local authority must have regard to |
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| | any guidance given from time to time by the Secretary of State.’. |
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| |
| | Further and higher education: duties with respect of student carers |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The responsible body of an institution to which this section applies must identify |
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| | or make arrangements to identify student carers and have a policy in place on |
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| | providing support for student carers. |
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| | (2) | This section applies to— |
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| | |
| | (b) | any other institution within the higher education sector; and |
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| | (c) | an institution within the further education sector. |
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| | (3) | A responsible body is— |
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| | (a) | in the case of an institution in subsection (2)(a) or (b), the governing |
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| | |
| | (b) | in the case of a college of further education under the management of a |
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| | board of management, the board of management; and |
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| | (c) | in the case of any other college of further education, any board of |
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| | governors of the college or any person responsible for the management |
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| | of the college, whether or not formally constituted as a governing body |
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| | |
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| |
| |
|
| | Duty for Financial Services Consumer Panel |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Financial Services Consumer Panel at the Financial Conduct Authority shall |
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| | have a duty to review the availability, quality, adequacy and effectiveness of |
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| | financial advice being provided to care users and their families on the |
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| | implications of the relevant provisions of this Act, and make an annual report |
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| | thereon to the Secretary of State containing recommendations for steps to take to |
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| | remedy any deficiencies identified by the Panel. |
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| | (2) | The Secretary of State shall lay a copy of the report mentioned in subsection (1) |
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| | before each House of Parliament. The first such report must be so laid within 12 |
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| | months of this Act receiving Royal Assent.’. |
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| |
| | Financial advice for care users: qualification to provide |
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| |
| |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | The Financial Conduct Authority shall prepare and conduct a review of the |
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| | implications of the relevant provisions of this Act for— |
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| | (a) | training and development; and |
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| | (b) | the level of the required qualifications |
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| | | for advisers seeking licences to provide financial advice to care users and their |
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| | |
| | (2) | The Authority shall submit a report of the findings of the review mentioned in |
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| | subsection (1) to the Secretary of State, along with recommendations. |
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| | (3) | The Secretary of State shall lay a copy of the report mentioned in subsection (2) |
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| | before each House of Parliament. The first such report must be so laid within 12 |
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| | months of this Act receiving Royal Assent.’. |
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| |
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| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Local authorities shall have a duty to prepare, publish, consult on and implement |
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| | a plan for raising and maintaining awareness amongst the residents of their areas |
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| | of the arrangements for social care, and in particular of any changes to such |
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| | arrangements brought about by Part 1 of this Act. |
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| | (2) | The Secretary of State shall prepare and lay before each House of Parliament an |
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| | annual report on the level of public awareness and understanding of the |
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| | arrangements for social care, in particular— |
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| | (a) | awareness and understanding of the changes brought about by the |
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| | provisions of this Act; and |
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| | (b) | the effectiveness of local authorities’ implementation of their plans for |
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| | raising public awareness in their areas.’. |
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| |
| | Declassification of a police station as a place of safety for the purposes of section 136 of |
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| | the Mental Health Act 1983 |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The definition of a place of safety in section 135(6) of the Mental Health Act 1983 |
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| | shall no longer be read to include a police station for the purposes of section 136 |
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| | |
| | (2) | With regard to persons removed to a place of safety under section 136(1) of the |
|
| | Mental Health Act 1983, subsection (1) above shall have effect from— |
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| | (a) | 1 April 2015, where such a person is aged 18 years or under; and |
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| | (b) | 1 April 2017, where such a person is aged over 18 years. |
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| | (3) | By 31 March 2015 the Secretary of State shall prepare and lay before each House |
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| | of Parliament a report setting out the progress made by that date towards fulfilling |
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| | the objective set out in subsection (1) above.’. |
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| |
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| |
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| | Corporate responsibility for neglect |
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| |
| | |
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| To move the following Clause:— |
|
| | ‘(1) | This section applies where a person registered under Chapter 2 of Part 1 of the |
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| | Health and Social Care Act 2008 (a “registered care provider”) in respect of the |
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| | carrying on of a regulated activity (within the meaning of that Part) has |
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| | reasonable cause to suspect that an adult in their care is experiencing, or at risk |
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| | |
| | (2) | The registered care provider must make (or cause to be made) whatever enquiries |
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| | it thinks necessary to enable it to decide whether any action should be taken in the |
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| | adult’s case and, if so, what and by whom. |
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| | (3) | Where abuse or neglect is suspected, the registered care provider is responsible |
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| | for informing the Safeguarding Adults Board in its area and commits an offence |
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| | if (without reasonable cause) it fails to do so. |
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| | (4) | A registered care provider is guilty of an offence if the way in which its activities |
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| | are managed or organised by its board or senior management neglects, or is a |
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| | substantial element in, the existence and or possibility of abuse or neglect |
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| | |
| | (5) | A person guilty of an offence under this section is liable on conviction to |
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| | imprisonment for a term not exceeding two years, or to a fine, the range of which |
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| | will be specified by regulations, or to both.’. |
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| |
| | Review of protections for persons in the health and social care sector making disclosures |
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| | |
| |
| |
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| |
| |
| |
| |
| |
| | |
| |
| |
| | |
| |
| | |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | Within six months of this Act receiving Royal Assent, the Secretary of State must |
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| | make arrangements for an independent review of— |
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| | (a) | the adequacy and effectiveness of provisions for the protection of persons |
|
| | employed within the health and social care sector who make disclosures |
|
| | in the public interest (whistleblowers) about matters of concern to their |
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| | employer, a prescribed person or body or another person or body; |
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| | (b) | the treatment and experience of past whistleblowers; and |
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| | (c) | the need and opportunities to improve existing protections. |
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|
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| |
| |
|
| | (2) | The review shall take account of— |
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| | (a) | the efficacy of existing legal provisions, policies, procedures and |
|
| | practices for the protection of whistleblowing and whistleblowers and |
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| | access to redress for whistleblowers who suffer adversely consequent |
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| | |
| | (b) | the available evidence on— |
|
| | (i) | the impact of whistleblowing on changes in health and social |
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| | |
| | (ii) | the treatment of whistleblowers |
|
| | | over the last 20 years; and |
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| | (c) | other matters as required by the Secretary of State. |
|
| | (3) | The Secretary of State shall arrange for a report with recommendations (or an |
|
| | interim report as may be required) from this review to be prepared and laid before |
|
| | each House of Parliament within 12 months of the review commencing.’. |
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| | |
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| |
| | |
| | |
|
| To move the following Clause:— |
|
| | ‘In section 20 of the Health and Social Care Act 2008 (regulation of regulated |
|
| | activities), after subsection (2)(b) insert— |
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| | |
| | (c) | ensuring that the likelihood of harm befalling persons in respect |
|
| | of whom a regulated activity is taking place is reduced as far as |
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| | |
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|