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| | publication appropriate’. |
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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 45, line 47 [Clause 92], at end insert— |
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| | | ‘“Health Service Commissioner” has the meaning given to it by section 1 of |
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| | | the Health Service Commissioners Act 1993 (c.46);’. |
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| | Page 45, line 47 [Clause 92], at end insert— |
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| | | ‘“Local Involvement Network” has the meaning given to it by section 222 |
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| | | of the Local Government and Public Involvement in Health Act 2007 |
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| | Page 46, line 12 [Clause 92], at end insert— |
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| | | ‘“rights” includes human rights under the Human Rights Act 1998 (c. 42).’. |
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| | Page 46, line 33 [Clause 93], at end insert— |
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| | | ‘(1A) | The OHPA is to be operationally independent of the Secretary of State.’. |
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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 6 [Clause 95], 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 47, line 7 [Clause 95], at end insert ‘or the legally qualified members list’. |
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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 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 17 [Clause 95], at end insert— |
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| | | ‘“legally qualified” means— |
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| | | (c) | 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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| | | (d) | an advocate or solicitor in Scotland of at least 10 years’ standing, |
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| | | (e) | 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 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 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 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 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 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 51, line 8 [Clause 103], at end insert— |
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| | | ‘(aa) | Local Involvement Networks,’. |
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| | Page 51, line 9 [Clause 103], before ‘bodies’, insert ‘other’. |
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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 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 53, line 39 [Clause 108], at end insert— |
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| | | ‘(2A) | In section 25 of the 2002 Act, in subsection (2), after paragraph (d) insert— |
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| | | (e) | to promote the provision of independent advice to members of the public |
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| | | in respect of the reporting of concerns to any of the bodies listed in |
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| | Page 54, line 3 [Clause 108], after ‘safety’, insert ‘rights’. |
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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 56, line 16 [Clause 112], after ‘public’, insert— |
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| | | ‘(aa) | Local Involvement Networks,’. |
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| | Page 56, line 17 [Clause 112], before ‘bodies’, insert ‘other’. |
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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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