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174 | Page 153, line 25, leave out from “by” to end of line 27 and insert “a relevant |
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| | document identified by the order. |
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| | (4) | In subsection (3) “relevant document”— |
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| | (a) | means a document that (at the time the power under subsection (3) |
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| | is exercised) is a document identified for the purposes of section |
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| | 21(2)(b) of the Local Government Act 2003 by regulations made |
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| | under that provision; and |
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| | (b) | includes a document so identified by virtue of section 21(5) of that |
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| | Act (documents not yet existing).” |
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175 | Page 154, line 34, leave out “, and review,” and insert “for the purposes of their |
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| | consideration of matters mentioned in subsection (2A), and to review for those |
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| | |
176 | Page 154, line 41, leave out “might” and insert “could or ought to” |
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177 | Page 154, line 43, at end insert— |
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| | “(2A) | The matters referred to in subsection (2)(b) are— |
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| | (a) | the standard of provision of local care services; |
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| | (b) | whether, and how, local care services could be improved; |
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| | (c) | whether, and how, local care services ought to be improved.” |
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178 | Page 155, line 23, leave out “a local authority” and insert— |
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| | |
| | (b) | a National Health Service trust; |
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| | (c) | an NHS foundation trust; |
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| | (d) | a Primary Care Trust; or |
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| | (e) | a Strategic Health Authority.” |
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179 | Page 155, line 33, at end insert— |
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| | “( ) | The arrangements may (in particular) make provision as respects co- |
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| | operation between a local involvement network and any English network |
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180 | Page 155, line 36, at end insert— |
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| | “( ) | In this section “English network” means a person who, in pursuance of |
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| | arrangements made under section 222(1) by any local authority, is to carry |
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| | on activities specified in section 222(2).” |
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181 | Insert the following new Clause— |
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| | “Arrangements: power to make further provision |
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| | (1) | The Secretary of State must make regulations which provide that |
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| | arrangements made under section 222(1) (“local authority arrangements”) |
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| |
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| | must require prescribed provision to be included in local involvement |
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| | |
| | (2) | The regulations may in particular provide that local authority |
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| | arrangements must require local involvement network arrangements to |
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| | |
| | (a) | prescribed provision relating to the way in which certain decisions |
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| | of a local involvement network are to be taken; |
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| | (b) | prescribed provision relating to the authorisation of individuals as |
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| | authorised representatives within the meaning of section 225(5); |
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| | (c) | prescribed provision relating to the use by a local involvement |
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| | network of money derived from the arrangements; |
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| | (d) | prescribed provision relating to the consequences of contravention |
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| | by a local involvement network of any provision of the |
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| | |
| | |
| | “a local involvement network” means a person who is to carry on |
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| | activities specified in section 222(2); |
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| | “local involvement network arrangements”, in relation to local |
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| | authority arrangements, means arrangements— |
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| | (a) | which are made in pursuance of the local authority |
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| | |
| | (b) | under which a person is to carry on activities specified in |
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| | |
| | “prescribed provision” means provision prescribed or of a description |
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| | prescribed by the regulations.” |
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182 | Page 156, line 25, at end insert— |
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| | “(za) | providing for a duty to apply in relation to premises owned or |
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| | controlled by a services-provider only if, or not to apply in relation |
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| | to any such premises if, the premises are of a particular description; |
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| | (zb) | providing for a duty, so far as applying in relation to any premises, |
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| | to apply in relation to activities carried on on the premises only if, |
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| | or not to apply in relation to any such activities if, the activities are |
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| | of a particular description;” |
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183 | Page 158, line 42, after “State” insert “that may be in force at the time” |
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184 | Page 160, line 3, leave out “, or issue guidance,” |
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185 | Page 160, leave out line 4 |
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186 | Page 160, line 5, leave out “, or guidance issued,” |
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187 | Insert the following new Clause— |
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| |
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| | “Transitional arrangements |
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| | (1) | When a local authority becomes subject to the duty in section 222(1), it also |
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| | becomes subject to the following duty. |
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| | (2) | That duty (“the temporary duty”) is to ensure until the relevant time that |
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| | there are means by which the activities specified in section 222(2) can be |
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| | carried on in the local authority’s area. |
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| | (3) | The Secretary of State may by regulations— |
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| | (a) | define “the relevant time” for the purposes of subsection (2); |
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| | (b) | make provision about the ways in which the temporary duty may |
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| | or may not be complied with; |
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| | (c) | impose on a services-provider duties as respects— |
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| | (i) | responding to requests for information made by a relevant |
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| | |
| | (ii) | dealing with reports or recommendations made by a |
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| | |
| | (d) | make provision for the purpose of imposing on a services-provider |
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| | a duty to allow individuals authorised by relevant persons to enter |
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| | and view, and observe the carrying-on of activities on, premises |
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| | owned or controlled by the services-provider; |
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| | (e) | make provision relating to the referral by a relevant person of |
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| | matters relating to social care services to an overview and scrutiny |
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| | committee of a local authority; |
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| | (f) | make provision requiring a relevant person to prepare prescribed |
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| | reports and to send them to prescribed persons; |
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| | (g) | make provision about the publication of such reports. |
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| | (4) | Regulations under subsection (3)(d) may include— |
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| | (a) | provision corresponding to any provision that could be included in |
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| | regulations under section 225(1) by virtue of section 225(2) or (3); |
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| | (b) | provision corresponding to section 225(4). |
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| | (5) | Regulations under subsection (3)(e) may include provision corresponding |
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| | |
| | (a) | any provision of section 226(2) to (5); |
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| | (b) | any provision that could be included in regulations under section |
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| | |
| | (6) | References in subsection (3) to a “relevant person” are to be read as |
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| | |
| | (a) | for the purposes of subsection (3)(c) and (e), a request, report, |
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| | recommendation or referral is made by a “relevant person” if it is |
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| | made by a person in carrying on section 222 activities in pursuance |
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| | of temporary arrangements; |
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| | (b) | for the purposes of subsection (3)(d), an individual is authorised by |
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| | a “relevant person” if the individual is authorised for the purposes |
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| | of regulations under subsection (3)(d), in accordance with any |
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| | applicable provision of those regulations, by a person carrying on |
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| | section 222 activities in pursuance of temporary arrangements; |
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| | (c) | in subsection (3)(f) “relevant person” means— |
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| | (i) | a person who is or has been carrying on section 222 activities |
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| | in pursuance of temporary arrangements; or |
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| |
| | |
| | |
| |
| | (ii) | a local authority which is or has been subject to the |
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| | |
| | |
| | “overview and scrutiny committee” has the same meaning as in |
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| | |
| | “section 222 activities” means activities specified in section 222(2); |
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| | “services-provider” means (subject to subsection (8))— |
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| | (a) | a National Health Service trust; |
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| | (b) | an NHS foundation trust; |
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| | (c) | a Primary Care Trust; or |
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| | |
| | “social care services” has the same meaning as in section 226; |
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| | “temporary arrangements” means the arrangements made by a local |
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| | authority to comply with the temporary duty. |
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| | (8) | In subsection (3)(d) “service provider” also includes a person prescribed by |
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| | regulations made by the Secretary of State under section 225(7)(e).” |
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188 | Page 160, line 12, leave out “227” and insert “(Transitional arrangements)” |
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189 | Page 160, line 21, leave out “227” and insert “(Transitional arrangements)” |
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190 | Page 162, line 20, leave out “follows” and insert “mentioned in subsections (2) to |
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| | |
191 | Page 162, line 35, leave out “are, directly or through representatives, consulted on” |
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| | and insert “, whether directly or through representatives, are involved (whether by |
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| | being consulted or provided with information, or in other ways) in” |
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192 | Page 162, line 37, leave out “significant” |
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193 | Page 162, line 39, leave out “significant” |
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194 | Page 162, line 41, leave out from beginning to “if” in line 42 and insert “Subsection |
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| | (1B)(b) applies to a proposal only” |
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195 | Page 162, line 43, leave out “a substantial” and insert “an” |
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196 | Page 163, line 4, leave out from beginning to “if” in line 5 and insert “Subsection |
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| | (1B)(c) applies to a decision only” |
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197 | Page 163, line 6, leave out “a substantial” and insert “an” |
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198 | Page 163, leave out lines 20 to 24 and insert— |
|
| | “(a) | guidance given by the Secretary of State as to when, or how often, |
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| | involvement under arrangements under subsection (1B) is to be |
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| | |
| | (b) | guidance given by the Secretary of State as to the form to be taken |
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| | by such involvement in any case specified by the guidance.” |
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199 | Page 163, line 29, at end insert— |
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| | “( ) | After that section insert— |
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|
