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| | Thursday 7th February 2008 |
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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Health and Social Care Bill, As Amended |
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| | Title, line 9, after ‘pregnancy;’, insert ‘to require the disclosure by companies selling |
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| | tobacco products in the United Kingdom of details of scientific and market research |
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| | carried out by them or associated companies;’. |
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| | Page 47, line 6 [Clause 95], leave out from first ‘the’ to end of line 7 and insert ‘list |
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| | of persons eligible to serve as chairs provided for by section 96(1)(aa),’. |
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| | Page 47, line 8 [Clause 95], leave out ‘lay members list’ and insert ‘list of persons |
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| | eligible to serve as lay members provided for by section 96(1)(a) (the “lay members |
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| | Page 47, line 9 [Clause 95], leave out ‘professionally qualified members list’ and |
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| | insert ‘list of persons eligible to serve as professionally qualified members provided for |
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| | by section 96(1)(b) (the “professionally qualified members list”)’. |
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| | Page 47, line 14 [Clause 95], at end insert— |
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| | | ‘(3A) | Rules under subsection (3) may in particular make provision requiring the |
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| | | selection in specified circumstances of a chair who is legally qualified for the |
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| | | purposes of section 96(1A)(a), and may provide for pilot schemes under which |
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| | | chairs who are legally qualified for those purposes are, or are not, selected for |
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| | | such proceedings as may be determined in accordance with the rules.’. |
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| | Page 47 [Clause 95], leave out lines 16 to 20. |
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| | Page 47, line 24 [Clause 96], at end insert— |
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| | | ‘(aa) | persons eligible to serve as chairs,’. |
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| | Page 47, line 26 [Clause 96], at end insert— |
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| | | ‘(1A) | The list of persons eligible to serve as chairs is to consist of— |
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| | | (a) | persons who are legally qualified, |
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| | | (b) | persons who are also included on the list of persons eligible to serve as |
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| | | (c) | persons who are also included on the list of persons eligible to serve as |
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| | | professionally qualified members.’. |
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| | Page 47, line 33 [Clause 96], at end insert— |
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| | | ‘(3A) | Rules made by virtue of subsection (3) must make provision about— |
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| | | (a) | the qualifications which a person must have in order to be “legally |
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| | | qualified” for the purposes of subsection (1A)(a), and |
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| | | (b) | the experience which a person must have and the training which a person |
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| | | must have undertaken in order to be eligible for appointment to the list of |
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| | | persons eligible to serve as chairs by virtue of subsection (1A)(b) or (c).’. |
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| | Page 47, line 39 [Clause 97], after ‘OHPA’, insert ‘— |
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| | Page 47, line 40 [Clause 97], at end insert ‘, and |
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| | | (b) | may pay to any person whom it proposes to include on a list such |
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| | | allowances and expenses as it may determine in connection with the |
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| | | provision of training for the person by virtue of subsection (2)(b).’. |
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| | Page 47, line 41 [Clause 97], after ‘OHPA’, insert ‘— |
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| | Page 47, line 42 [Clause 97], at end insert ‘, and |
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| | | (b) | may provide, or arrange for the provision of, such training for persons |
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| | | whom it proposes to include on a list as it may determine.’. |
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| | Page 48, line 5 [Clause 97], leave out ‘either’ and insert ‘any’. |
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| | Page 48, line 21 [Clause 98], after ‘make’, insert ‘— |
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| | Page 48, line 22 [Clause 98], at end insert ‘, and |
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| | | (b) | provision for a fitness to practise panel not to be advised by a legal |
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| | | assessor if the chair of the panel is legally qualified for the purposes of |
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| | Page 55, line 12 [Clause 110], leave out ‘taking action under section 29’ and insert |
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| | ‘where section 29 applies, taking action under that section’. |
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| | Page 55, line 16 [Clause 110], after ‘recommendations’, insert ‘to the regulatory |
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| | Page 142, line 24 [Schedule 6], at end insert— |
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| | | ‘Meetings of the OHPA in Northern Ireland |
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| | | (1) | Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9) |
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| | | (which provide for public access to meetings of a district council, the |
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| | | publication of information concerning such meetings etc.) apply in relation to |
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| | | meetings of the OHPA in Northern Ireland as they apply in relation to meetings |
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| | | of a district council but subject to the following modifications. |
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| | | (2) | The modifications are that— |
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| | | (a) | any reference to a district council is to be read as a reference to the |
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| | | (b) | any reference to councillors or members of the council is to be read as |
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| | | a reference to members of the OHPA.’. |
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| | Page 148, line 5 [Schedule 7], at end insert— |
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| | | ‘(5A) | Omit subsection (8).’. |
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| | Page 167, line 33 [Schedule 10], after first ‘in’, insert ‘Part 2 of’. |
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| | Page 167, line 33 [Schedule 10], after ‘Schedule’, insert ‘— |
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| | Page 167, line 35 [Schedule 10], at end insert ‘, and |
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| | | (b) | at the appropriate place insert— |
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| | | “The Office of the Health Professions Adjudicator.”’. |
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| | Page 167, line 38 [Schedule 10], leave out from beginning to ‘for’ and insert ‘— |
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| | | (a) | in paragraph 1 (bodies to which in England and Wales Act applies),’. |
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| | Page 167, line 41 [Schedule 10], after ‘Excellence’, insert ‘; |
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| | | (bcb) | the Office of the Health Professions Adjudicator;”, |
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| | | (b) | in paragraph 2 (bodies to which in Scotland Act applies), before |
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| | | “(ca) | the Council for Healthcare Regulatory Excellence; |
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| | | (cb) | the Office of the Health Professions |
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| | Page 168, line 3 [Schedule 10], after ‘disqualified)’, insert ‘— |
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| | Page 168, line 5 [Schedule 10], at end insert ‘, and |
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| | | (b) | at the appropriate place insert— |
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| | | “The Office of the Health Professions Adjudicator.”’. |
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| | Page 168, line 8 [Schedule 10], after ‘disqualified)’, insert ‘— |
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| | Page 168, line 10 [Schedule 10], at end insert ‘, and |
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| | | (b) | at the appropriate place insert— |
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| | | “The Office of the Health Professions Adjudicator.”’. |
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| | Page 168, line 12 [Schedule 10], leave out ‘Part 3 of’. |
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| | Page 168, line 13 [Schedule 10], after ‘duty)’, insert ‘— |
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| | | (a) | in Part 2, at the appropriate place under the heading “Health” insert— |
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| | | “The Office of the Health Professions Adjudicator.”, and |
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| | Page 168, line 16 [Schedule 10], at end insert— |
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| | | ‘ | In section 27 of the Dentists Act 1984 (allegations against registered dentists), |
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| | | in subsection (2)(g), after “social care profession” insert “, or by the Office of |
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| | | the Health Professions Adjudicator,”.’. |
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| | Page 168, line 20 [Schedule 10], at end insert— |
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| | | ‘ | In section 36N of the Dentists Act 1984 (allegations against registered dental |
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| | | care professionals), in subsection (2)(g), after “social care profession” insert “, |
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| | | or by the Office of the Health Professions Adjudicator,”.’. |
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| | Page 169, line 16 [Schedule 10], after ‘authorities)’, insert ‘— |
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| | Page 169, line 18 [Schedule 10], at end insert ‘, and |
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| | | (b) | at the appropriate place insert— |
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| | | “The Office of the Health Professions Adjudicator.”’. |
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| | Page 169, line 18 [Schedule 10], at end insert— |
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| | | ‘Nursing and Midwifery Order 2001 (S.I. 2002/253) |
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| | | | In article 22 of the Nursing and Midwifery Order 2001 (allegations), in |
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| | | paragraph (1)(a)(v), after “social care profession” insert “, or by the Office of |
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| | | the Health Professions Adjudicator,”.’. |
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| | Page 169, line 18 [Schedule 10], at end insert— |
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| | | ‘Health Professions Order 2001 (S.I. 2002/254) |
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| | | | In article 22 of the Health Professions Order 2001 (allegations), in paragraph |
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| | | (1)(a)(v), after “social care profession” insert “, or by the Office of the Health |
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| | | Professions Adjudicator,”.’. |
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| | Page 170, line 34 [Schedule 10], at end insert— |
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| | | ‘Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289) |
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| | | | In article 48 of the Pharmacists and Pharmacy Technicians Order 2007 |
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| | | (impairment of fitness to practise), in paragraph (1)(k), after “social care |
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| | | profession” insert “, or by the Office of the Health Professions Adjudicator,”.’. |
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| | Page 190, line 2 [Schedule 15], column 2, leave out ‘(7),’ and insert ‘— |
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| | Page 190, line 4 [Schedule 15], column 2, at end insert ‘, and |
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| | Page 2, line 10 [Clause 2], after ‘by’, insert ‘or on behalf of’. |
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| | Page 14, line 34 [Clause 27], after ‘vary’, insert ‘or remove’. |
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| | Page 14, line 43 [Clause 27], after ‘varied’, insert ‘, removed’. |
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| | Page 28, line 23 [Clause 57], leave out ‘may’ and insert ‘must’. |
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| | Page 41, line 30 [Clause 84], leave out from ‘8(5)’ to end of line 31 and insert |
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| | ‘(variation, removal or imposition of condition in relation to registration as a service |
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| | Page 41, line 32 [Clause 84], leave out from ‘11(5)’ to end of line 33 and insert |
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| | ‘(variation, removal or imposition of condition in relation to registration as a manager),’. |
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| | Page 118, line 13 [Schedule 3], at end insert— |
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| | | ‘() | In subsection (6), for “section 121(7) and (8) above” substitute “section |
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| | Page 136, line 13 [Schedule 5], at end insert— |
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| | | ‘Audit Commission Act 1998 (c. 18) |
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| | | 63A(1) | Section 4 of the Audit Commission Act 1998 (code of audit practice) is |
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| | | (a) | in paragraph (a) omit “the Commission for Healthcare Audit and |
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| | | (b) | in paragraph (b) omit “the Commission for Social Care Inspection |
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| | | (c) | in paragraph (c) before “and such bodies” insert “, the Care Quality |
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| | | (3) | In subsection (8), for “the Commission for Healthcare Audit and Inspection” |
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| | | substitute “the Care Quality Commission”. |
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| | | 63B(1) | Section 7 of the Audit Commission Act 1998 (fees) is amended as follows. |
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| | | (a) | in paragraph (a) for “the Commission for Healthcare Audit and |
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| | | Inspection and such other” substitute “such”, and |
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| | | (b) | in paragraph (c) before “such bodies” insert “the Care Quality |
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| | | (3) | In subsection (9) for paragraph (aa) substitute— |
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| | | “(aa) | the Care Quality Commission,”. |
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| | | 63C(1) | In section 33 of the Audit Commission Act 1998 (studies for improving |
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| | | economy etc in services), subsection (6) is amended as follows. |
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| | | (2) | In paragraph (c), for “the Commission for Healthcare Audit and Inspection” |
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| | | substitute “the Care Quality Commission”. |
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| | | (3) | For paragraph (d) substitute— |
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| | | “(d) | in the case of a study which has a connection with adult social |
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| | | services (within the meaning of Part 1 of the Health and Social |
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| | | Care Act 2008), also consult the Care Quality Commission; |
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| | | (4) | In paragraph (e) for “that Part of that Act” substitute “Part 2 of the Health and |
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| | | Social Care (Community Health and Standards) Act 2003”. |
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| | | 63D(1) | In section 34 of the Audit Commission Act 1998 (reports on impact of |
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| | | statutory provisions), subsection (6) is amended as follows. |
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| | | (2) | For paragraph (ba) substitute— |
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| | | “(ba) | in the case of a study which has a connection with adult social |
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| | | services (within the meaning of Part 1 of the Health and Social |
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| | | Care Act 2008), the Care Quality Commission;”. |
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| | | (3) | In paragraph (bb) for “that Part of that Act” substitute “Part 2 of the Health and |
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| | | Social Care (Community Health and Standards) Act 2003”. |
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