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| | of those functions for the purpose of section 6(3)(b) of the Human Rights Act |
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| | 1998 (c. 42) (acts of public authorities).’. |
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| To move the following Clause:— |
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| | ‘(1) | In any case where a complainant is not satisfied with the result of an investigation |
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| | by an independent provider, he may request the Commission to consider the |
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| | |
| | (2) | On receipt of a complaint under subsection (1) the Commission must assess the |
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| | nature and substance of the complaint and decide how it should be handled, |
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| | |
| | (a) | the views of the complainant; |
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| | (b) | the views of the body complained about; |
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| | (c) | any other relevant circumstances; |
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| | and as soon as reasonably practicable the Commission must notify the |
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| | complainant as to its decision. |
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| | (3) | The Commission may conduct its investigation in any manner which seems to it |
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| | appropriate, may take such advice as appears to it to be required and, having |
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| | regard in particular to the views of the complainant and any person who or body |
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| | which is the subject of the complaint, may appoint a panel to hear and consider |
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| | |
| | (4) | The Commission may request any person or body to produce such information |
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| | and documents as it considers necessary to enable a complaint to be considered |
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| | |
| | (5) | Where the Commission investigates a complaint it must, as soon as reasonably |
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| | practicable, prepare a written report of its investigation which— |
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| | (a) | summarises the nature and substance of the complaint; |
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| | (b) | describes the investigation and summarises its conclusions, including |
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| | any findings of fact, the Commission’s opinion of those findings and its |
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| | |
| | (c) | recommends what action should be taken and by whom to resolve the |
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| | |
| | (d) | identifies what other action, if any, should be taken and by whom.’. |
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| | Independent Complaints Body |
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| To move the following Clause:— |
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| | ‘(1) | The Commission shall establish and maintain a committee to be known as ‘The |
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| | Independent Complaints Body’. |
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| | (2) | In any case where a complainant is not satisfied with the result of an investigation |
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| | by an independent provider, he may request the Independent Complaints Body to |
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| | |
| | (3) | On receipt of a complaint under subsection (1) the Independent Complaints Body |
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| | must assess the nature and substance of the complaint and decide how it should |
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| | be handled having regard to— |
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| | (a) | the views of the complainant; |
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| | (b) | the views of the body complained about; and |
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| | (c) | any other relevant circumstances; |
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| | and as soon as reasonably practicable the Independent Complaints Body must |
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| | notify the complainant as to its decision. |
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| | (4) | The Independent Complaints Body may conduct its investigation in any manner |
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| | which seems to it appropriate, may take such advice as appears to it to be required |
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| | and, having regard in particular to the views of the complainant and any person |
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| | who or body which is the subject of the complaint, may appoint a panel to hear |
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| | |
| | (5) | The Independent Complaints Body may request any person or body to produce |
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| | such information and documents as it considers necessary to enable a complaint |
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| | to be considered properly. |
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| | (6) | Where the Independent Complaints Body investigates a complaint it must, as |
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| | soon as reasonably practicable, prepare a written report of its investigation |
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| | |
| | (a) | summarises the nature and substance of the complaint; |
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| | (b) | describes the investigation and summarises its conclusions, including |
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| | any findings of fact, the Independent Complaints Body’s opinion of those |
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| | findings and its reasons for its opinion; |
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| | (c) | recommends what action should be taken and by whom to resolve the |
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| | |
| | (d) | identifies what other action, if any, should be taken and by whom.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Commission shall establish and maintain a committee to be known as |
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| | |
| | (2) | HealthWatch shall consist of— |
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| | (a) | a chairman appointed by the Commission; and |
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| | (b) | such other members appointed by the Commission as the Commission |
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| | |
| | (3) | The chairman appointed under subsection 2(a)— |
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| | (a) | shall be a non-executive member of the Commission |
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| | (b) | but is not to be chairman of the Commission.’. |
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| |
| | General duty of HealthWatch |
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| To move the following Clause:— |
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| | ‘It shall be the duty of HealthWatch to further the interests of patients and the |
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| | public in relation to the provision of health services in England.’. |
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| | |
| To move the following Clause:— |
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| | ‘(1) | HealthWatch shall make arrangements for ascertaining— |
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| | (a) | the state of public opinion about the manner in which health services in |
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| | (b) | the views and experiences of patients in relation to the provision of health |
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| | |
| | (c) | the views and experiences of patients in relation to the handling, by |
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| | commissioners and providers of healthcare services, of complaints made |
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| | to them by such patients.’. |
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| |
| | Local Involvement Networks. |
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| To move the following Clause:— |
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| | ‘(1) | HealthWatch shall be regarded as an “English network” for the purposes of |
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| | section 222 of the Local Government and Public Involvement in Health Act 2007 |
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| | |
| | (2) | HealthWatch may make such arrangements as it thinks fit for consultation with |
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| | Local Involvement Networks.’. |
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| | Duty of co-operation with council for healthcare regulatory excellence |
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| To move the following Clause:— |
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| | ‘The OHPA shall have a duty to co-ordinate its activities, and share information, |
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| | with the Council for Healthcare Regulatory Excellence.’. |
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| |
| | Failings by English NHS bodies |
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| To move the following Clause:— |
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| |
| |
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| | ‘(1) | Following a review under section 42 or 45, or a review or investigation under |
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| | Section 44, the Commission must inform the Secretary of State if it considers |
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| | |
| | (a) | there are significant failings in relation to the provision of health care by |
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| | or pursuant to arrangements made by an English NHS body, |
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| | (b) | there are significant failings in the running of an English NHS body, or |
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| | (c) | there are significant failings in the running of a body, or the practice of |
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| | an individual, providing healthcare pursuant to arrangements made by an |
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| | |
| | (2) | The commission may also recommend to the Secretary of State that, with a view |
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| | to remedying those failings, the Secretary of State take special measures— |
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| | (a) | in a case falling within subsection (1)(a) or (b), in relation to the NHS |
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| | |
| | (b) | in a case falling within (1)(c), in relation to the body or individual |
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| | Minimum guaranteed outcomes |
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| To move the following Clause:— |
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| | ‘(1) | The appropriate authority shall by regulations make provision— |
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| | (a) | specifying circumstances in which it will be necessary for a local |
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| | authority to provide social care support (including any form of practical |
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| | assistance and equipment) to a disabled person; and |
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| | (b) | specifying the minimum outcomes each local authority shall secure for |
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| | all disabled persons in exercising their duties under social care |
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| | |
| | (2) | Without prejudice to the generality of subsection 1(b), minimum outcomes |
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| | prescribed under that subsection shall include— |
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| | (a) | ensuring freedom from physical risk; |
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| | (b) | ensuring freedom from inhumane or degrading treatment; |
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| | (c) | the full enjoyment of the right to personal development and to establish |
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| | and maintain family and other social relationships; |
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| | (d) | support for participation in the life of the community; |
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| | (e) | support to participate in essential social and economic activities, and |
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| | (f) | support to access an appropriate range of recreational and cultural |
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| | |
| | |
| | “appropriate authority” means— |
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| | (c) | in relation to England, the Secretary of State, |
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| | (d) | in relation to Wales, the Welsh Ministers; |
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| | “social care enactments” include— |
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| | (i) | Section 2 of the Chronically Sick and Disabled Persons Act 1970 |
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| |
| |
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| | (ii) | Section 4 of the Disabled Persons (Services, Consultation and |
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| | Representation Act 1986 (c. 33). |
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| | (iii) | Section 17 of the Children Act 1989 (c. 41). |
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| | (iv) | Section 47 of the National Health Service and Community Care |
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| | |
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| | Continuity of social care support |
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| |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where— |
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| | (a) | an English or Welsh local authority (the original authority) has made a |
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| | determination of need for care services in respect of a person ordinarily |
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| | resident in its area under any of the social care enactments and— |
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| | (i) | has arranged or is providing such services or |
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| | (ii) | is making payments to such a person in lieu of care services |
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| | under section 57 of the Health and Social Care Act 2001 (c. 15) |
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| | or section 17A of the Children Act 1989 (c. 41); and |
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| | (b) | the person concerned becomes or intends to become ordinarily resident |
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| | in a different local authority (the new authority). |
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| | (2) | It shall be the duty of the original authority to— |
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| | (a) | give notice to the new authority if it becomes aware that a person to |
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| | whom it provides care services or direct payments intends to become |
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| | ordinarily resident in the new authority’s area; and |
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| | (b) | co-operate with the new authority in making appropriate arrangements |
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| | |
| | (3) | It shall be the duty of the new authority to provide the person concerned with— |
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| | (a) | services of an equivalent type and quantity to those provided by the |
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| | |
| | (b) | direct payments enabling an equivalent type and quantity of support to |
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| | that provided by the original authority, |
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| | for such transitional period as may be prescribed. |
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| | (4) | All arrangements made under subsections (2) and (3) are to be made with the |
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| | involvement and consent of the person concerned and must include effective |
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| | arrangements to meet any new or different needs of the person concerned. |
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| | (5) | For the purposes of this section “social care enactments” includes— |
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| | (i) | Section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44). |
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| | (ii) | Section 4 of the Disabled Persons (Services, Consultation and |
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| | Representation) Act 1986 (c. 33). |
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| | (iii) | Section 17 of the Children Act 1989 (c. 41). |
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| | (iv) | Section 47 of the National Health Service and Community Care Act 1990 |
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| | Order of the House [26th November 2007] |
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| | That the following provisions shall apply to the Health and Social Care Bill: |
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| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 24th January 2008. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | |
| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| |
| | Order of the Committee [8th JANUARY 2008] |
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| | |
| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | |
| | (a) | at 4.00 p.m. on Tuesday 8th January; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 10th January; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 17th January; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January; |
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| | (f) | at 9.00 a.m. and 1.00 p.m. on Thursday 24th January; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | |
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| | | | | | | | Until no later than 12.30 p.m. |
| Commission for Healthcare Audit |
| | | | | | and Inspection; Commission for |
| | | | | | Social Care Inspection; Mental |
| | | | | | | | | | | Until no later than 1.00 p.m. |
| | | | | | Until no later than 4.40 p.m. |
| | | | | | Until no later than 5.20 p.m. |
| | | | | | Until no later than 6.00 p.m. |
| British Medical Association |
| | | | | Until no later than 6.30 p.m. |
| | | | | | Until no later than 7.00 p.m. |
| Local Government Association |
| | | | | Until no later than 9.30 a.m. |
| National Childbirth Trust |
| | | | | Until no later than 10.25 a.m. |
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