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on consideration of commons amendments |
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Lord Low of Dalston to move, as an amendment to the motion that this House |
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do agree with the Commons in their Amendment 11, at end insert “, and do |
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propose Amendment 11B in lieu of the words so left out of the Bill”. |
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11B | Insert the following new Clause— |
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| | | “Provision of certain care and support services to be public function |
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| | (1) | A person (“P”) who provides regulated social care for an individual under |
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| | arrangements made with P by a public authority, or paid for by a public |
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| | authority, is to be taken for the purposes of subsection (3)(b) of section 6 of |
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| | the Human Rights Act 1998 (Acts of public authorities) to be exercising a |
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| | function of a public nature in doing so. |
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| | (2) | This section applies to persons providing services regulated by the Care |
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| | (3) | In this section “social care” has the same meaning as in the Health and |
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| | Lord Owen to move, as an amendment to the motion that this House do agree |
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| | with the Commons in their Amendment 45, leave out from “House” to end and |
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| | insert “do disagree with the Commons in their Amendment 45 and do propose |
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| | Amendment 45B in lieu thereof”. |
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| | UserID: renton01 Filename: Date: : 4.2.3r74 |
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45B | Insert the following new Clause— |
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| | | “Parliamentary control over the Health and Social Care Information Centre |
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| | (1) | This section applies to— |
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| | (a) | an information standard under section 250, |
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| | (b) | guidance of the Secretary of State under section 253(1)(b), |
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| | (c) | guidance of the Board under section 253(1)(c), |
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| | (d) | a direction of the Secretary of State under section 254(1), |
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| | (e) | a request of any person under section 255(1), |
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| | (f) | a procedure of the Information Centre under section 257(1), |
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| | (g) | exercise by the Information Centre of its power under section 259(1) |
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| | and duty under section 259(8), |
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| | (h) | exercise by the Information Centre of its duties and powers under |
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| | (i) | exercise by the Information Centre of its powers under section |
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| | 261(1), 261(4) and 261(5), |
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| | (j) | dissemination of information by the Information Centre in reliance |
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| | (k) | a requirement imposed on or a request made to the Information |
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| | Centre to which section 262 applies, |
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| | (l) | the code of practice on confidential information under section 263, |
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| | (m) | the Information Register under section 264, and |
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| | (n) | advice, guidance and requests under section 265. |
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| | (2) | The matters to which this section applies by virtue of subsection (1) shall |
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| | not take effect unless an order has been made by the Secretary of State in |
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| | accordance with the super-affirmative resolution procedure under section |
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| | 18 of the Legislative and Regulatory Reform Act 2006; and the provisions |
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| | of Part 1 of that Act shall apply to such an order as if it was to be made and |
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| | was made under that Part. |
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| | (3) | Regulations under section 267, section 268, section 269, section 274 and |
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| | paragraph 8A of Schedule 7 of the Care Act 2014 shall not take effect |
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| | without an order as is referred to in subsection (2). |
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| | (4) | Nothing in this section shall prevent the Information Centre from |
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| | performing its functions to the extent that they are functions which were |
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| | previously those of the Health and Social Care Information Centre under |
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| | The Health and Social Care Information Centre (Establishment and |
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| | Constitution) Order 2005.” |
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