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| | Thursday 17th January 2008 |
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| | Health and Social Care Bill
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| | [Seventh and Eighth Sittings]
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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| | | ‘(c) | lay the draft guidance before Parliament.’.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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| | | Clauses 22 to 24 Agreed to. |
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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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| | | Clauses 26 to 27 Agreed to. |
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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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| | | Clauses 32 to 34 Agreed to. |
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| | Clause 35, page 17, line 35, at end insert— |
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| | | ‘(aa) | to the relevant Local Involvement Network and cooperative group of |
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| | | Local Involvement Networks,’. |
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| | Clause 35, page 17, line 38, at end insert— |
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| | | ‘(ba) | to the relevant professional regulatory body’. |
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| | | Clauses 36 to 38 Agreed to. |
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| | Page 19, line 7, leave out Clause 39. |
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| | Clause 41, page 20, line 6, leave out ‘NHS’ and insert ‘health and social’. |
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| | Clause 41, page 20, line 6, at end insert— |
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| | | ‘(1A) | Statements of standards must be established within the remit of the NHS Core |
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| | Clause 42, page 20, line 27, after first ‘of’ insert ‘the quality of’. |
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| | Clause 42, page 20, line 28, at end insert— |
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| | | ‘(aa) | conduct reviews of the making of arrangements for the provision of |
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| | | healthcare by the Trust’. |
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| | Clause 42 , page 20, line 28, at end insert— |
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| | | ‘(aa) | conduct reviews of arrangements made under paragraph (a) above’. |
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| | Clause 42, page 20, line 30, at end insert— |
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| | | ‘(d) | in conducting reviews under subsection 1(a) the Commission shall |
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| | | review and assess annually the Trust’s plan for improving health, as |
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| | | prepared under section 24 of the National Health Service Act 2006 (c. |
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