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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 138, line 29 [Schedule 6], at end insert— |
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| | | ‘(3A) | The OHPA shall have regard to the desirability of improving the awareness of, |
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| | | and training in, human rights of its members.’. |
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| | Page 140, line 8 [Schedule 6], leave out ‘the Secretary of State’ and insert ‘it’. |
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| | Page 140, line 9 [Schedule 6], leave out ‘If the Secretary of State so determines;’. |
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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 142, line 24 [Schedule 6], at end insert— |
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| | | ‘Meetings of the OHPA in Northern Ireland |
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| | | (4) | 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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| | | (5) | 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 155, line 27 [Schedule 9], at end insert— |
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| | | ‘(ea) | awareness of, and training in, human rights;’. |
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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 163 [Schedule 8], leave out lines 29 to 32. |
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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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