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| Clause 93, page 46, line 14, at end insert— |
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| | ‘(3A) | Rules made under subsection (3) may not require a lay or professional majority. |
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| | (3B) | An Order in Council may not— |
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| | (a) | amend subsection (3), or |
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| | (b) | make any provision that is inconsistent with subsection (4).’. |
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| Clause 94, page 46, line 26, leave out ‘professionally’ and insert ‘clinically’. |
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| Clause 101, page 50, line 7, after ‘seek’, insert ‘, and take account of,’. |
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| Clause 102, page 50, line 27, at end insert ‘, and respond to the views of’. |
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| Clause 102, page 50, line 37, at end insert— |
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| | ‘(3A) | Before making rules the OHPA must publish a response to its consultation as set |
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| Clause 102, page 50, line 37, at end insert— |
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| | ‘(3A) | Before making rules, the OHPA shall respond to any representations made to |
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| | (a) | if the rules affect the profession regulated by the Medical Act 1983, by |
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| | the General Medical Council, and |
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| | (b) | if the rules affect the professional regulated by the Opticians Act 1989, |
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| | by the General Optical Council.’. |
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| Clause 102, page 50, line 38, leave out subsections (4) to (6). |
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| Clause 102, page 50, line 39, at end insert— |
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| | ‘(4A) | Before approving rules, the Privy Council must note the representations received |
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| | by the OHPA during the consultation as set out in subsection (3).’. |
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| Clause 102, page 50, line 42, at end insert— |
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| | ‘( ) | Before approving rules the Privy Council shall respond to any representations |
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| | (a) | if the rules affect the profession regulated by the Medical Act 1983, by |
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| | the General Medical Council, and |
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| | (b) | if the rules affect the professional regulated by the Opticians Act 1989, |
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| | by the General Optical Council.’. |
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| Schedule 8, page 152, line 6, after ‘functions’, insert ‘pertaining to regulation’. |
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| Schedule 8, page 152, line 11, leave out subparagraph (3) and insert— |
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| | ‘( ) | In sub-paragraph (2) after “practice”, insert “or be persons included in the register |
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| | of members admitted to practice”.’. |
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| Schedule 8, page 152, leave out lines 9 to 12. |
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| Schedule 8, page 152, line 13, leave out subparagraph (4) and insert— |
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| | ‘( ) | An Order may not provide for any function conferred on the Privy Council, in |
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| | relation to any profession to which section 60(2)(a) applies, to be exercised by a |
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| | body other than the regulator of that profession.’. |
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| Schedule 8, page 152, line 19, leave out subparagraph (2) and insert— |
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| | ‘( ) | In sub-paragraph (2)(d) after first “to”, insert “the investigation of”.’. |
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| Schedule 8, page 152, line 23, after first‘to’, insert ‘adjudication on’. |
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| Clause 104, page 51, line 11, after first ‘to’, insert ‘the finding of facts in’. |
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| Clause 104, page 51, line 12, at end insert— |
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| | ‘(1A) | Notwithstanding subsection (1) the rules of procedure in any proceeding to which |
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| | subsection (1) applies shall be those which apply to criminal proceedings.’. |
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| Clause 105, page 51, line 28, leave out ‘Healthcare’ and insert ‘Health and Social |
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| Clause 105, page 51, line 32, leave out subsection (3) and insert— |
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| | ‘(3) | After subsection (2) of that section insert— |
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| | “(2A) | The main objectives of the Council in exercising its functions under |
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| | subsection (2)(b) to (d) are— |
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| | (a) | to protect the public through encouraging consultation between |
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| | the regulators and such other parties as the Secretary of State |
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| | shall by regulation define about the functions of statutory |
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| | professional regulation, and |
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| | (b) | to protect the health, safety and well-being of patients and other |
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| | members of the public in co-operation with such other regulatory |
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| | agencies as the Secretary of State shall by regulation define.”’. |
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| Clause 105, page 51, line 34, leave out ‘promote’ and insert ‘protect, promote and |
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| Clause 106, page 52, line 7, leave out ‘one’ and insert ‘two’. |
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| Clause 106, page 52, line 13, leave out ‘three’ and insert ‘seven’. |
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| Clause 106, page 52, line 13, leave out ‘three non-executive members’ and insert |
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| ‘one non-executive member’. |
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| Clause 106, page 52, line 14, after ‘State’, insert—
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| | ‘( ) | two non-executive members appointed by the Appointments Commission.’. |
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| Clause 106, page 52, line 14, after ‘State’ insert— |
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| | ‘( ) | one non-executive representative of the regulatory bodies.’. |
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| Clause 106, page 52, line 15, leave out ‘two’ and insert ‘one’. |
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| Clause 106, page 52, leave out line 27. |
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| Clause 106, page 52, line 39, leave out ‘promoted’ and insert ‘protected’. |
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| Clause 106, page 52, line 43, leave out ‘promote’ and insert ‘protect’. |
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| Clause 107, page 53, leave out lines 13 to 17. |
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| Clause 108, page 53, line 37, leave out ‘seek the views of’ and insert ‘consult’. |
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| Clause 108, page 53, line 40, at end insert— |
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| | ‘(c) | such other organisations representing patient and public interests as the |
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| | Secretary of State shall by regulation specify.’. |
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| Clause 108, page 53, line 41, leave out ‘matters’ and insert ‘their policy issues’. |
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| Clause 108, page 53, line 41, at end add— |
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| | (a) | consult with public and patient organisations in England, Scotland, |
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| | Wales and Northern Ireland on its work programme, including— |
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| | (ii) | minimum requirements, and |
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| | (iii) | supporting evidence, to be used in its regulatory performance |
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| | (b) | publish at least annually a report on its consultations in England, |
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| | Scotland, Wales and Northern Ireland held in accordance with this |
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| Clause 109, page 54, leave out lines 7 to 11. |
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| Clause 109, page 54, line 27, leave out from ‘Committee)’ to end of line 31. |
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| Clause 109, page 54, line 38, leave out from ‘Committee)’ to end of line 42. |
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