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| | 63E(1) | In section 49 of the Audit Commission Act 1998 (disclosure), subsection (1) is |
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| | (3) | In paragraph (bb), for “that Part of that Act” substitute “Part 2 of the Health |
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| | and Social Care (Community Health and Standards) Act 2003”. |
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| | (4) | In paragraph (c) omit the words from “or for the purposes of the functions of |
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| | the Commission” to the end. |
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| | (5) | After paragraph (ca) insert— |
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| | “(cb) | for the purposes of the functions of the Care Quality |
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| | Commission under Part 1 of the Health and Social Care Act |
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| | 63F | In Schedule 2A to the Audit Commission Act 1998 (interaction with other |
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| | authorities), in paragraph 1(1)— |
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| | (a) | at the end of paragraph (f) insert the word “or”, |
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| | (b) | omit paragraph (g) (together with the word “or” at the end of it), and |
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| | (c) | for paragraph (h) substitute— |
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| | “(h) | the Care Quality Commission.”’. |
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| Page 137, line 28 [Schedule 5], at end insert— |
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| | ‘Children Act 2004 (c. 31) |
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| | | In section 20 of the Children Act 2004 (joint area reviews), in subsection (4), |
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| | for paragraph (d) substitute— |
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| | “(d) | the Care Quality Commission;”.’. |
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| Page 138, line 5 [Schedule 5], at end insert— |
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| | ‘National Health Service Act 2006 (c. 41) |
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| | 71A | In section 9 of the National Health Service Act 2006 (NHS contracts), in |
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| | subsection (4), for paragraph (k) substitute— |
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| | “(k) | the Care Quality Commission,”. |
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| | 71B | In section 35 of the National Health Service Act 2006 (authorisation of NHS |
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| | foundation trusts), in subsection (3)(a), for “the Commission for Healthcare |
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| | Audit and Inspection” substitute “the Care Quality Commission”. |
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| | 71C | In section 56 of the National Health Service Act 2006 (mergers), in subsection |
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| | (6)(a), for “the Commission for Healthcare Audit and Inspection” substitute |
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| | “the Care Quality Commission”. |
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| | 72D | In section 71 of the National Health Service Act 2006 (schemes for meeting |
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| | losses and liabilities etc of certain health service bodies), in subsection (2)(f), |
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| | for “the Commission for Healthcare Audit and Inspection” substitute “the Care |
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| | 71E | In Schedule 10 to the National Health Service Act 2006 (audit of accounts of |
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| | NHS foundation trusts), in paragraph 8(1)(e), for the words from “the |
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| | Commission” to the end substitute “the Care Quality Commission”. |
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| | National Health Service (Wales) Act 2006 (c. 42) |
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| | 71F | In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts), |
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| | in subsection (4), for paragraph (k) substitute— |
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| | “(k) | the Care Quality Commission,”. |
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| | 71G | In section 30 of the National Health Service (Wales) Act 2006 (schemes for |
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| | meeting losses and liabilities etc of certain health service bodies), in subsection |
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| | (a) | at the end of paragraph (c) insert “and”, and |
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| | (b) | omit paragraph (d) (together with the word “and” at the end of it).’. |
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| Page 138, line 12 [Schedule 5], at end insert— |
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| | ‘Safeguarding Vulnerable Groups Act 2006 (c. 47) |
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| | 73A | In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory |
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| | authorities: duty to refer), in subsection (7)— |
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| | (a) | for paragraph (c) substitute— |
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| | “(c) | the Care Quality Commission in respect of its |
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| | functions under Part 1 of the Health and Social Care |
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| | (b) | omit paragraph (d), and |
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| | (c) | in paragraph (e), for “that Act” substitute “the Health and Social Care |
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| | (Community Health and Standards) Act 2003”. |
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| | 73B(1) | Paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 |
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| | (regulated activity relating to children) is amended as follows. |
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| | (2) | In sub-paragraph (10)— |
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| | (a) | for paragraph (e) substitute— |
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| | “(e) | the Care Quality Commission;”, and |
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| | (3) | In sub-paragraph (11), omit paragraph (a). |
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| | (4) | After sub-paragraph (13) insert— |
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| | “(13A) | The exercise of a function of the Care Quality Commission so far |
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| | as the function relates to the inspection of anything which— |
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| | (a) | is listed in section 56(1) of the Health and Social Care Act |
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| | (b) | involves the provision of any form of treatment or therapy |
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| | | is a regulated activity relating to children.” |
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| | (5) | In sub-paragraph (14), for “or (11)” substitute “, (11) or (13A)”.’. |
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| | 73C(1) | Paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 |
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| | (regulated activity relating to vulnerable adults) is amended as follows. |
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| | (2) | In sub-paragraph (6), omit paragraphs (a) and (b). |
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| | (3) | After sub-paragraph (8) insert— |
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| | “(8A) | The exercise of a function of the Care Quality Commission so far |
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| | as the function relates to the inspection of anything which— |
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| | (a) | is listed in section 56(1) of the Health and Social Care Act |
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| | (b) | involves the provision of social services, care, treatment or |
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| | therapy for vulnerable adults, |
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| | | is a regulated activity relating to vulnerable adults.”’. |
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| Page 188, line 39 [Schedule 15], at end insert— |
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| ‘Audit Commission Act 1998 |
| | | | | | (a) | in paragraph (a), the words “the Commission |
| | | | | for Healthcare Audit and Inspection and”, |
| | | | | | | | | | (b) | in paragraph (b), the words “the Commission |
| | | | | for Social Care Inspection and”. |
| | | | | | | | | | | | | | | (b) | in paragraph (c), the words from “or for the |
| | | | | purposes of the functions of the |
| | | | | | | | | | In Schedule 2A, paragraph 1(1)(g) (together with the |
| | | | | word “or” at the end of it).’. |
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| Page 189, line 44 [Schedule 15], at end insert— |
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| ‘National Health Service (Wales) |
| In section 30(2), paragraph (d) (together with the |
| | | | | word “and” at the end of that paragraph). |
| | | | Safeguarding Vulnerable Groups |
| | | | | | | | | | | | | | | | | | | | | (b) | paragraph 1(11)(a), and |
| | | | | (c) | paragraph 7(6)(a) and (b).’. |
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| Page 47, line 37 [Clause 96], at end insert— |
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| | ‘(b) | “legally qualified” means— |
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| | (i) | a person with a 10-year general qualification within the meaning |
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| | of section 71 of the Courts and Legal Services Act 1990 (c. 41), |
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| | (ii) | an advocate or solicitor in Scotland of at least 10 years’ standing, |
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| | (iii) | a member of the Bar of Northern Ireland, or a solicitor of the |
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| | Court of Judicature of Northern Ireland, of at least 10 years’ |
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| Page 140, line 11 [Schedule 6], leave out ‘the Secretary of State’ and insert ‘it’. |
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| Page 141, line 24 [Schedule 6], after ‘keep’, insert ‘auditable’. |
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| Page 141, line 24 [Schedule 6], leave out from ‘accounts’ to end of line 25. |
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| Page 141, line 26 [Schedule 6], leave out from ‘year’ to end of line 27. |
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| Page 141 [Schedule 6], leave out lines 31 and 32. |
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| Page 53, line 3 [Clause 105], at end insert— |
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| | ‘(8A) | Neither the creation of the regulations under this section nor the payment of any |
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| | fees under those regulations shall affect the charitable status of a regulatory |
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| Page 47, line 7 [Clause 95], at end insert ‘or the legally qualified members list’. |
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| Page 47, line 17 [Clause 95], at end insert— |
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| | ‘“legally qualified members list” means the list of persons eligible to serve |
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| | as legally qualified members provided for by section 96(1)(c).’. |
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| Page 47, line 26 [Clause 96], at end insert— |
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| | ‘(c) | persons eligible to serve as legally qualified members.’. |
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| Page 47, line 6 [Clause 96], leave out from first ‘the’ to end of line 7 and insert |
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| ‘legally qualified members list’. |
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| Page 163 [Schedule 8], leave out lines 29 to 32. |
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| Page 47, line 17 [Clause 95], at end insert— |
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| | ‘“legally qualified” means— |
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| | (a) | a person with a 10-year general qualification within the meaning |
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| | of section 71 of the Courts and Legal Services Act 1990 (c. 41), |
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| | (b) | an advocate or solicitor in Scotland of at least 10 years’ standing, |
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| | (c) | a member of the Bar of Northern Ireland, or a solicitor of the |
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| | Court of Judicature of Northern Ireland, of at least 10 years’ |
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| Page 163, line 28 [Schedule 8], at end insert— |
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| | ‘(1B) | Before any order is made that imposes any requirement which would have the |
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| | effect that a majority of the members of the regulatory body of any profession |
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| | would be persons not included in the register of members admitted to practice, the |
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| | Secretary of State must consult the members on the register.’. |
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| Page 53, line 26 [Clause 107], at end insert— |
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| | ‘(2A) | Any proceedings to which subsection (1) applies must have a legally qualified |
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| Page 53, line 26 [Clause 107], at end insert— |
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| | ‘(2A) | Any proceedings to which subsection (1) applies must have a legally qualified |
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| | chair or a legal assessor.’. |
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| Page 58, line 13 [Clause 114], at end insert— |
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| | ‘(2A) | The responsible officer may not also be a medical director.’. |
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| Page 79, line 38 [Clause 125], leave out from ‘a’ to end and insert ‘midwife or |
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| Page 80, line 15 [Clause 125], at end insert ‘and to women with twins or multiple |
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| Page 80, line 16 [Clause 125], at end add— |
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| | Regulations shall prescribe the purpose of the Health in Pregnancy |
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| Page 25, line 43 [Clause 50], leave out ‘Commission’ and insert ‘Independent |
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| Regulator of Foundation Trusts’. |
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