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| | Clause 14, page 6, line 34, at end insert— |
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| | | ‘(c) | documented reasonable grounds for taking action have been laid before |
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| | | the board of the Commission.’. |
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| | Clause 15, page 7, line 6, at end insert— |
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| | | ‘(1A) | Except in case A or B, a person taking action under subsection (1) is entitled to |
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| | | (1B) | the Secretary of State shall by regulations establish the amount of compensation |
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| | | to be granted under subsection (1A).’. |
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| | Clause 16, page 7, line 44, at end insert— |
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| | | ‘( ) | Make provision in relation to nutritional standards in relation to regulated |
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| | Clause 16, page 8, line 11, at end insert— |
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| | | ‘(l) | impose requirements as to the need to reduce health inequalities and |
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| | | discrimination on the basis of disability (as defined in Part 1 of the |
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| | | Disability Discrimination Act 1995).’. |
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| | Clause 16, page 8, leave out line 11 and insert— |
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| | | ‘(k) | Impose requirements as to— |
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| | | (i) | procedures for the handling of complaints and disputes and |
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| | | implementation of recommendations arising from complaints by |
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| | | (ii) | the duty of registered bodies to inform clients about such |
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| | | (iii) | the duty of registered bodies to inform the Commission about |
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| | | complaints made, findings thereon, and action taken at such |
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| | | times and in such a manner as the Secretary of State shall |
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| | Clause 16, page 8, line 21, at end insert— |
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| | | ‘(5A) | The Commission shall be required to report annually to Parliament on the action |
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| | | it has taken in respect of regulations made in accordance with subsection (5).’. |
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| | Clause 16, page 8, line 22, leave out from ‘means’ to end of line 31 and insert ‘such |
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| | infections as the Secretary of State shall by regulation define’. |
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| | Clause 16, page 8, line 31, at end insert— |
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| | | ‘( ) | Regulations made under this section may make provision for the prevention and |
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| | | management of malnutrition and may include such provision as the Secretary of |
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| | | State considers appropriate for the purpose of safeguarding individuals (whether |
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| | | receiving health or social care or otherwise) from the risk, or any increased risk, |
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| | Clause 16, page 8, line 38, leave out from first ‘section’ to ‘consultation’ and insert |
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| | ‘must be taken into account in’. |
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| | Clause 16, page 8, line 39, at end add— |
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| | | ‘(10) | In respect of such cases as the Commission has taken action on the prevention and |
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| | | control of health care associated infections, within the regulations established |
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| | | under subsection (5), the Secretary of State shall be required to make a written |
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| | | statement to Parliament,’. |
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| | Clause 17, page 8, line 41, leave out ‘may’ and insert ‘shall’. |
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| | Clause 17, page 9, line 3, at end insert— |
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| | | ‘(2A) | The code of practice must make reference to — |
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| | | (a) | screening for admissions, |
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| | | (c) | the frequency and extent of cleaning in healthcare premises.’. |
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| | Clause 17, page 9, line 7, at end add— |
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| | | ‘(3A) | The Secretary of State shall publish each revision of the code.’. |
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| | Clause 17, page 9, line 7, at end add— |
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| | | ‘(3A) | The Secretary of State shall report to Parliament in respect of those cases where— |
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| | | (a) | regulations made under section 16 are breached, and |
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| | | (b) | the Code of Practice under this section is breached.’. |
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| | Clause 18, page 9, line 13, at end insert— |
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| | | ‘(c) | lay the draft code before Parliament.’. |
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| | Clause 18, page 9, line 45, leave out from first ‘section’ to ‘consultation’ and insert |
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| | ‘must be taken into account in any’. |
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| | Clause 20, page 10, line 19, at end insert— |
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| | | ‘(c) | consult and have regard to the advice of the service user panel.’. |
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| | Clause 20, page 10, line 25, at end insert— |
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| | | ‘(c) | lay the draft guidance before Parliament.’. |
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| | Clause 21, page 11, line 17, leave out subsection (3). |
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| | Clause 25, page 13, line 33, at end inse rt— |
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| | | ‘(5A) | The Commission shall notify Parliament of any notices served due to breaches in |
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| | | regulations made under section 16(5). |
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| | Clause 25, page 13, line 42, at end add— |
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| | | ‘(c) | any requirements to implement recommendations from the Health |
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| | | (d) | any requirements to implement recommendations from the Independent |
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| | Clause 28, page 15, leave out lines 27 and 28. |
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| Clause 29, page 15, line 37, leave out from ‘offence’ to end of line 38. |
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| | | Clause 29, page 15, line 38, at end insert— |
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| | | ‘(2) | A person guilty of an offence under subsection (1) is liable— |
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| | | (a) | on summary conviction, to a fine not exceeding £50,000, or to |
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| | | imprisonment for a term not exceeding 12 months, or to both; |
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| | | (b) | on conviction on indictment, to a fine, or to imprisonment for a term not |
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| | | exceeding 12 months, or both. |
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| | | (3) | In relation to an offence committed before the commencement of section 154(1) |
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| | | of the Criminal Justice Act 2003 (c.44), the reference in subsection (2)(a) to 12 |
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| | | months is to be read as a reference to 6 months.’. |
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| | | Clause 30, page 16, line 13, leave out from ‘liable’ to end of line 14 and add— |
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| | | ‘(a) | on summary conviction, to a fine not exceeding £50,000, or to |
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| | | imprisonment for a term not exceeding 12 months, or both; |
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| | | (b) | on conviction on indictment, to a fine, or to imprisonment for a term not |
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| | | exceeding 12 months, or to both. |
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| | | (5) | In relation to an offence committed before the the commencement of section |
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| | | 154(1) of the Criminal Justice Act 2003 (c.44), the reference in subsection (4)(a) |
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| | | to 12 months is to be read as a reference to 6 months.’. |
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| | | Clause 31, page 16, leave out lines 18 to 22 and insert— |
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| | | ‘(2) | Subject to subsections (3) to (5), those regulations may not provide for an offence |
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| | | to be triable on indictment or to be punishable with imprisonment or with a fine |
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| | | exceeding level 4 on the standard scale. |
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| | | (3) | Subject to subsection (4), in the case of regulations under section 16, those |
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| | | regulations may provide for an offence to be triable summarily only or either |
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| | | summarily or on indictment and for an offence to be punishable with a fine or |
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| | | (4) | In case referred to in subsection (3), those regulations may not provide for an |
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| | | offence to be punishable with— |
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| | | (a) | imprisonment for a term exceeding 12 months, or |
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| | | (b) | in the case of summary conviction, a fine exceeding £50,000. |
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| | | (5) | In relation to summary conviction for an offence committed before the |
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| | | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the |
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| | | reference in subsection (4)(a) to 12 months is to be read as a reference to six |
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