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| | Clause 42, page 20, line 32, after first ‘of’ insert ‘the quality of’. |
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| | Clause 42, page 20, line 40, at end insert— |
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| | | ‘(d) | in conducting reviews under subsection 3(a) the Commission shall |
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| | | review and assess annually the plan for improving health insofar as it |
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| | | impacts upon the authority, in accordance with section 24(3) of the |
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| | | National Health Service Act 2006.’. |
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| | Clause 42, page 21, line 1, leave out subsections (4) to (8) and insert— |
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| | | ‘( ) | The Secretary of State shall not create any indicators of quality additional |
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| | | to those in the National Indicator Set.’. |
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| | Clause 42, page 21, line 11, at end insert— |
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| | | ‘(7A) | In setting out the indicators under subsection (4) for assessing each English local |
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| | | authority, the Secretary of State shall— |
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| | | (a) | have regard to the National Indicator set, and |
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| | | (b) | in such cases as the indicators impose a regulatory burden on local |
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| | | authorities beyond the National Indicator Set, lay draft regulations before |
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| | Clause 42, page 21, line 16, at end insert— |
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| | | ‘(c) | all relevant statements submitted to the Secretary of State.’. |
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| | Clause 43, page 21, line 26, at end insert— |
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| | | ‘(1A) | In setting out the frequency with which reviews under section 42 are to be |
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| | | conducted the Commission must identify through a Regulatory Impact |
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| | | Assessment the reduction in the regulatory burden. |
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| | | (1B) | The power of the Commission to increase the regulatory burden shall be set out |
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| | | in regulations approved by a resolution of each House of Parliament.’. |
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| | Clause 44 , page 21, line 33, leave out from ‘Commission’ to ‘if’ in line 34 and |
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| | insert ‘has the function of conducting special reviews and investigations, and must |
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| | conduct a specific review or investigation’. |
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| | Clause 44, page 21, leave out lines 37 to 39 and insert— |
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| | | ‘(a) | all providers of health and adult social care |
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| | | (b) | all commissioners of health and adult social care.’. |
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| | Clause 44 , page 21, line 37, leave out ‘NHS’ and insert ‘health’. |
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| | Clause 44 , page 21, line 39, at end insert— |
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| | | ‘(d) | the making of arrangements by a Primary Care Trust for the provision of |
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| | Clause 44, page 22, line 9, at end insert ‘which shall only be laid before the |
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| | Secretary of State at such time as it is made public.’. |
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| | Clause 45, page 22, line 27, at end insert ‘including cosmetic surgery and |
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| | Clause 46, page 23, line 27, at end add— |
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| | | ‘(6) | In considering whether the function referred to in subsection (2) is being |
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| | | discharged to an acceptable standard the Commission shall have particular regard |
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| | | to its duty under section 2(3)(d) of this Act.’. |
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| | Clause 48, page 24, line 18, at end insert— |
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| | | ‘(j) | Section 121(5) (visiting and inspection of records), |
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| | | (k) | Section 121 (7) (review decision to withhold post), |
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| | | (l) | Section 121 (8) (review decision to withhold any part of post).’. |
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| | Clause 50, page 25, line 21, leave out ‘Commission’ and insert ‘Independent |
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| | Regulator of Foundation Trusts’. |
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| | Clause 50, page 25, line 36, leave out ‘Commission’ and insert ‘Independent |
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| | Regulator of Foundation Trusts’. |
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| | Clause 50, page 25, line 43, leave out ‘Commission’ and insert ‘Independent |
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| | Regulator of Foundation Trusts’. |
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| | Clause 51, page 26, line 2, leave out ‘Commission’ and insert ‘Independent |
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| | Regulator of Foundation Trusts’. |
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| | | Clauses 52 to 55 Agreed to. |
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| | Clause 56, page 27, line 35, at end insert— |
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| | | ‘(aa) | the provision of independent healthcare,’. |
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| | Clause 57, page 28, line 23, leave out ‘may’ and insert ‘must’. |
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| | Clause 57, page 28, line 26, at end add— |
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| | | ‘(5) | An inspection for the purposes of the Commission’s functions under Chapter 2 |
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| | | (a) | a change of ownership, |
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| | | (b) | a change of registered manager, |
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| | | (c) | the occurrence of an adult protection investigation, |
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| | | (d) | a turnover of staff deemed higher than the average by reference to the |
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| | | Skills for Care National Minimum Dataset, |
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| | | (e) | a recommendation or referral from the Local Government Ombudsman |
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| | | or the Health Ombudsman in response to complaints about a health or |
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| | | Clauses 58 to 62 Agreed to. |
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| | Schedule 4, page 117, line 30, at end insert— |
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| | | ‘(h) | the Local Government Ombudsman and the Health Ombudsman.’. |
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| | Schedule 4, page 119, line 44, after ‘co-operate’, insert ‘and develop protocols in |
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| | order to share information’. |
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| | Page 117, line 2, leave out Schedule 4. |
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| | | Clauses 63 to 66 Agreed to. |
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| | Clause 67, page 32, line 31, leave out ‘paid for out of public funds’. |
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| | Clause 67, page 32, line 33, leave out ‘paid for out of public funds’. |
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| | Clause 69, page 33, line 27, leave out subsection (6). |
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| | Clause 69, page 33, line 28, at end add— |
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| | | ‘(7) | In such cases as the inquiry is held in private under subsections (2) or (3), the |
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| | | Secretary of State shall make a statement to Parliament. |
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| | | (8) | In such cases as the Secretary of State deems publication inappropriate under |
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| | | subsection (5), he shall make a statement to Parliament.’. |
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| | | Clauses 70 to 74 Agreed to. |
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| | Clause 75, page 37, line 6, at end add— |
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| | | ‘(5) | Subsection (2) does not confer on the Secretary of State the power to prevent the |
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| | | Commission conducting reviews.’. |
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| | Clause 77, page 37, line 32, after ‘must’, insert ‘simultaneously’. |
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