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Health and Social Care Bill |
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[The page and line references are to HL Bill 33, the bill as first printed for the Lords.] |
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1 | Page 2 , line 7, leave out subsections (3) to (5) |
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2 | Insert the following new Clause— |
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| | “The Commission’s objectives |
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| (1) | The main objective of the Commission in performing its functions is to |
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| protect and promote the health, safety and welfare of people who use |
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| health and social care services. |
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| (2) | The Commission is to perform its functions for the general purpose of |
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| (a) | the improvement of health and social care services, |
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| (b) | the provision of health and social care services in a way that focuses |
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| on the needs and experiences of people who use those services, and |
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| (c) | the efficient and effective use of resources in the provision of health |
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| and social care services. |
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| (3) | In this Chapter “health and social care services” means the services to |
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| which the Commission’s functions relate.” |
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3 | Insert the following new Clause— |
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| | “Matters to which the Commission must have regard |
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| (1) | In performing its functions the Commission must have regard to— |
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| (a) | views expressed by or on behalf of members of the public about |
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| health and social care services, |
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| (b) | experiences of people who use health and social care services and |
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| their families and friends, |
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| (c) | views expressed by local involvement networks about the |
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| provision of health and social care services in their areas, |
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| (d) | the need to protect and promote the rights of people who use health |
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| and social care services (including, in particular, the rights of |
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| children, of persons detained under the Mental Health Act 1983 |
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| (c. 20), of persons who are deprived of their liberty in accordance |
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| with the Mental Capacity Act 2005 (c. 9), and of other vulnerable |
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| (e) | the need to ensure that action by the Commission in relation to |
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| health and social care services is proportionate to the risks against |
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| which it would afford safeguards and is targeted only where it is |
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| (f) | any developments in approaches to regulatory action, and |
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| (g) | best practice among persons performing functions comparable to |
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| those of the Commission (including the principles under which |
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| regulatory action should be transparent, accountable and |
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| (2) | In performing its functions the Commission must also have regard to such |
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| aspects of government policy as the Secretary of State may direct. |
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| (3) | In subsection (1)(c), “local involvement network” has the meaning given by |
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| section 222(2) of the Local Government and Public Involvement in Health |
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4 | Insert the following new Clause— |
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| | “Statement on user involvement |
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| (1) | The Commission must publish a statement describing how it proposes to— |
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| (a) | promote awareness among service users and carers of its functions, |
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| (b) | promote and engage in discussion with service users and carers |
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| about the provision of health and social care services and about the |
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| way in which the Commission exercises its functions, |
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| (c) | ensure that proper regard is had to the views expressed by service |
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| (d) | arrange for any of its functions to be exercised by, or with the |
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| assistance of, service users and carers. |
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| (2) | The Commission may from time to time revise the statement and must |
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| publish any revised statement. |
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| (3) | Before publishing the statement (or revised statement) the Commission |
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| must consult such persons as it considers appropriate. |
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| (a) | “service users” means people who use health or social care services, |
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| (b) | “carers” means people who care for service users as relatives or |
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5 | Insert the following new Clause— |
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| | “Meaning of “health and social care services” in Chapter 1 |
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| In this Chapter “health and social care services” has the meaning given by |
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| section (The Commission’s objectives)(3).” |
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6 | Page 6, line 14, at end insert— |
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| “(1A) | The Commission must cancel the registration of a person under this |
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| Chapter as a manager in respect of a regulated activity if— |
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| (a) | no-one is registered under this Chapter as a service provider in |
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| respect of the activity, or |
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| (b) | the registration of a person under this Chapter as a service provider |
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| in respect of the activity ceases to be subject to a registered manager |
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7 | Page 6, line 21, leave out paragraph (d) and insert— |
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| “(d) | any other offence which appears to the Commission to be relevant.” |
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8 | Page 8, line 11, at end insert “and the application of lessons learnt from them” |
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9 | Page 11, line 35, after “than” insert “by virtue of section 13(1A) or” |
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10 | Page 13, line 21, leave out “provisions of this Chapter” and insert “relevant |
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11 | Page 16, line 1, leave out subsections (2) and (3) and insert— |
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| “( ) | A person (“M”) whose registration under this Chapter as a manager in |
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| respect of a regulated activity is suspended is guilty of an offence if, during |
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| the period of suspension, M manages that activity at a time when no one |
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| else has been registered under this Chapter as a manager in respect of the |
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| activity since the suspension of M’s registration. |
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| ( ) | A person (“M”) whose registration under this Chapter as a manager in |
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| respect of a regulated activity has been cancelled is guilty of an offence if M |
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| manages that activity at a time when— |
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| (a) | a person (“S”) remains registered under this Chapter as a service |
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| provider in respect of the activity, |
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| (b) | S’s registration remains subject to a registered manager condition, |
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| (c) | no-one has been registered under this Chapter as a manager in |
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| respect of the activity since the cancellation of M’s registration. |
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| ( ) | If a person (“M”) who is registered under this Chapter as a manager in |
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| respect of a regulated activity manages that activity while the registration |
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| of the person registered under this Chapter as a service provider in respect |
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| of the activity is suspended, M is guilty of an offence if M knows or could |
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| reasonably be expected to know of the suspension.” |
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12 | Page 18, line 38, after “where” insert “a person who was” |
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13 | Page 19, line 10, after “any” insert “regulated” |
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14 | Page 19, line 25, at end insert— |
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| “( ) | Any regulated activity carried on by or on behalf of the Crown is for this |
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| purpose a newly regulated activity.” |
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15 | Page 20, line 27, leave out from “care” to end of line 28 and insert “provided or |
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| commissioned by the Trust” |
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16 | Page 20, line 36, leave out from “services” to end of line 38 and insert “provided or |
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| commissioned by the authority” |
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17 | Page 21, line 30, leave out “or modified” |
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18 | Page 22, line 9, at end insert— |
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| “(4A) | The Commission must consider whether the report raises anything on |
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| which it ought to give advice to the Secretary of State under section 49(2). |
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| (4B) | If the review or investigation gives rise to a duty to act under section 46(2) |
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| or (3) in respect of an English local authority, subsection (4A) does not |
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| apply in relation to so much of the report as relates to that local authority.” |
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19 | Page 22, line 12, leave out “such a report” and insert “a report under subsection (4)” |
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20 | Page 30, line 29, leave out “pursuant to arrangements made” and insert |
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21 | Page 30, line 32, leave out “pursuant to arrangements made” and insert |
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22 | Page 32, line 26, at end insert— |
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| “( ) | The Commission and the Welsh Ministers may share information with |
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| each other for the purposes of subsection (1).” |
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