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5

 

House of Commons

 
 

Wednesday 13 May 2009

 

Public Bill Committee Proceedings

 

Autism Bill


 

[Second sitting]


 

Mrs Cheryl Gillan

 

That the Bill be considered in the following order, namely, new Clauses, Clauses, new

 

Schedules, remaining proceedings on the Bill.

 

Agreed to

 


 

New Clauses

 

Autism strategy

 

Phil Hope

 

Added  NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must prepare and publish a document setting out a strategy

 

for meeting the needs of adults in England with autistic spectrum conditions by

 

improving the provision of relevant services to such adults by local authorities,

 

NHS bodies and NHS foundation trusts.

 

(2)    

That document is referred to in this Act as “the autism strategy”.

 

(3)    

The autism strategy must be published no later than 1 April 2010.

 

(4)    

The Secretary of State—

 

(a)    

must keep the autism strategy under review, and

 

(b)    

may revise it.

 

(5)    

If the Secretary of State revises the autism strategy the Secretary of State must

 

publish it as revised.

 

(6)    

The Secretary of State must consult and seek the participation of such persons as

 

the Secretary of State considers appropriate—

 

(a)    

in preparing the autism strategy, or

 

(b)    

in revising it in a way which would, in the opinion of the Secretary of

 

State, result in a substantial change to the strategy.

 

(7)    

A document prepared and published by the Secretary of State before this section

 

comes into force is as effective for the purposes of this section as a document

 

prepared and published after that time.


 
 

Public Bill Committee Proceedings: 13 May 2009            

6

 

Autism Bill, continued

 
 

(8)    

Consultation and steps to seek participation undertaken by the Secretary of State

 

before this section comes into force are as effective for the purposes of this

 

section as consultation and steps to seek participation undertaken after that time.’.

 


 

Guidance by the Secretary of State

 

Phil Hope

 

Added  NC2

 

To move the following Clause:—

 

‘(1)    

For the purpose of securing the implementation of the autism strategy, the

 

Secretary of State must issue guidance—

 

(a)    

to local authorities about the exercise of their social services functions

 

within the meaning of the Local Authority Social Services Act 1970

 

(c. 42) (see section 1A of that Act), and

 

(b)    

to NHS bodies and NHS foundation trusts about the exercise of their

 

functions concerned with the provision of relevant services.

 

(2)    

Guidance must be issued under this section no later than 31 December 2010.

 

(3)    

The Secretary of State—

 

(a)    

must keep the guidance under review, and

 

(b)    

may revise it.

 

(4)    

In keeping the guidance under review the Secretary of State must in particular

 

consider the extent to which the guidance has been effective in securing the

 

implementation of the autism strategy.

 

(5)    

Guidance issued under this section must in particular include guidance about—

 

(a)    

the provision of relevant services for the purpose of diagnosing autistic

 

spectrum conditions in adults;

 

(b)    

the identification of adults with such conditions;

 

(c)    

the assessment of the needs of adults with such conditions for relevant

 

services;

 

(d)    

planning in relation to the provision of relevant services to persons with

 

autistic spectrum conditions as they move from being children to adults;

 

(e)    

other planning in relation to the provision of relevant services to adults

 

with autistic spectrum conditions;

 

(f)    

the training of staff who provide relevant services to adults with such

 

conditions;

 

(g)    

local arrangements for leadership in relation to the provision of relevant

 

services to adults with such conditions.

 

(6)    

The Secretary of State must consult and seek the participation of local authorities,

 

NHS bodies and NHS foundation trusts before—

 

(a)    

issuing guidance under this section, or

 

(b)    

revising it in a way which would, in the opinion of the Secretary of State,

 

result in a substantial change to the guidance.


 
 

Public Bill Committee Proceedings: 13 May 2009            

7

 

Autism Bill, continued

 
 

(7)    

Consultation and steps to seek participation undertaken by the Secretary of State

 

before this section comes into force are as effective for the purposes of this

 

section as consultation and steps to seek participation undertaken after that time.’.

 


 

Local authorities and NHS bodies: duty to act under guidance

 

Phil Hope

 

Added  NC3

 

To move the following Clause:—

 

‘(1)    

This section applies to guidance or revised guidance issued under section

 

[Guidance by the Secretary of State] to a local authority or an NHS body.

 

(2)    

Guidance or revised guidance is to be treated as if it were general guidance of the

 

Secretary of State under section 7 of the Local Authority Social Services Act

 

1970 (c. 42) (local authorities to exercise social services functions under

 

guidance of Secretary of State).

 

(3)    

For the purposes of guidance or revised guidance—

 

(a)    

an NHS body is to be treated as if it were a local authority within the

 

meaning of the 1970 Act (see section 1 of that Act), and

 

(b)    

the functions of an NHS body mentioned in section [Guidance by the

 

Secretary of State](1)(b) are to be treated as if they were its social

 

services functions within the meaning of that Act (see section 1A of that

 

Act).’.

 


 

Interpretation

 

Phil Hope

 

Added  NC4

 

To move the following Clause:—

 

‘(1)    

In this Act—

 

“adult” means a person who is aged 18 or over (and, accordingly, “child”

 

means a person who is under the age of 18);

 

“local authority” means—

 

(a)    

a county council in England;

 

(b)    

a metropolitan district council;

 

(c)    

a non-metropolitan district council for an area for which there is

 

no county council;

 

(d)    

a London borough council;

 

(e)    

the Common Council of the City of London;

 

(f)    

the Council of the Isles of Scilly;

 

“NHS body” means—

 

(g)    

a Strategic Health Authority;

 

(h)    

a Primary Care Trust;


 
 

Public Bill Committee Proceedings: 13 May 2009            

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Autism Bill, continued

 
 

(i)    

a National Health Service trust all or most of whose hospitals,

 

establishments and facilities are in England;

 

(j)    

a Special Health Authority performing functions only or mainly

 

in respect of England;

 

“relevant services”—

 

(k)    

in relation to an NHS body, means health services provided for

 

the purposes of the health service continued under section 1(1) of

 

the National Health Service Act 2006 (c. 41);

 

(l)    

in relation to a local authority, means services provided in the

 

exercise of the authority’s social services functions within the

 

meaning of the Local Authority Social Services Act 1970 (c. 42)

 

(see section 1A of that Act).

 

(2)    

In this Act references to the provision of services include references to arranging

 

for the provision of services (and references to services provided are to be

 

construed accordingly).’.

 


 

Extent, commencement and short title

 

Phil Hope

 

Added  NC5

 

To move the following Clause:—

 

‘(1)    

This Act extends to England and Wales only.

 

(2)    

This Act comes into force at the end of the period of 2 months beginning with the

 

day on which it is passed.

 

(3)    

This Act may be cited as the Autism Act 2009.’.

 


 

Dr Stephen Ladyman

 

Not selected  40

 

Clause  1,  page  1,  line  6,  at end insert ‘and learning disabilities.’.

 

Dr Stephen Ladyman

 

Not moved  41

 

Clause  1,  page  1,  line  9,  leave out from second ‘the’ to end of line 10 and insert

 

‘meaning as may be prescribed by the Secretary of State in regulations.’.

 

Phil Hope

 

Not selected  3

 

Page  1,  line  1,  leave out Clause 1.

 

Clause Negatived.

 



 
 

Public Bill Committee Proceedings: 13 May 2009            

9

 

Autism Bill, continued

 
 

Phil Hope

 

Not selected  10

 

Page  1,  line  14,  leave out Clause 2.

 

Clause Negatived.

 


 

Phil Hope

 

Not selected  13

 

Page  2,  line  10,  leave out Clause 3.

 

Clause Negatived.

 


 

Phil Hope

 

Not selected  15

 

Page  2,  line  19,  leave out Clause 4.

 

Clause Negatived.

 


 

Phil Hope

 

Not selected  22

 

Page  2,  line  27,  leave out Clause 5.

 

Clause Negatived.

 


 

Phil Hope

 

Not selected  23

 

Page  3,  line  17,  leave out Clause 6.

 

Clause Negatived.

 



 
 

Public Bill Committee Proceedings: 13 May 2009            

10

 

Autism Bill, continued

 
 

Phil Hope

 

Not selected  31

 

Page  3,  line  37,  leave out Clause 7.

 

Clause Negatived.

 

Clause 8 Agreed to.

 


 

Phil Hope

 

Not selected  36

 

Page  4,  line  32,  leave out Clause 9.

 

Clause Negatived.

 


 

Phil Hope

 

Agreed to  42

 

Title,  line  1,  leave out from ‘make’ to ‘and’ in line 3 and insert ‘provision about meeting

 

the needs of adults with autistic spectrum conditions;’.

 

Bill, as amended, to be reported.

 


 
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