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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Make provision about meeting the needs of adults with autistic spectrum |
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conditions; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | The Secretary of State must prepare and publish a document setting out a |
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strategy for meeting the needs of adults in England with autistic spectrum |
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conditions by improving the provision of relevant services to such adults by |
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local authorities, NHS bodies and NHS foundation trusts. |
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(2) | That document is referred to in this Act as “the autism strategy”. |
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(3) | The autism strategy must be published no later than 1 April 2010. |
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(4) | The Secretary of State— |
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(a) | must keep the autism strategy under review, and |
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(5) | If the Secretary of State revises the autism strategy the Secretary of State must |
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(6) | The Secretary of State must consult and seek the participation of such persons |
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as the Secretary of State considers appropriate— |
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(a) | in preparing the autism strategy, or |
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(b) | in revising it in a way which would, in the opinion of the Secretary of |
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State, result in a substantial change to the strategy. |
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(7) | A document prepared and published by the Secretary of State before this |
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section comes into force is as effective for the purposes of this section as a |
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document prepared and published after that time. |
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(8) | Consultation and steps to seek participation undertaken by the Secretary of |
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State before this section comes into force are as effective for the purposes of this |
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section as consultation and steps to seek participation undertaken after that |
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2 | Guidance by the Secretary of State |
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(1) | For the purpose of securing the implementation of the autism strategy, the |
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Secretary of State must issue guidance— |
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(a) | to local authorities about the exercise of their social services functions |
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within the meaning of the Local Authority Social Services Act 1970 |
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(c. 42) (see section 1A of that Act), and |
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(b) | to NHS bodies and NHS foundation trusts about the exercise of their |
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functions concerned with the provision of relevant services. |
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(2) | Guidance must be issued under this section no later than 31 December 2010. |
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(3) | The Secretary of State— |
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(a) | must keep the guidance under review, and |
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(4) | In keeping the guidance under review the Secretary of State must in particular |
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consider the extent to which the guidance has been effective in securing the |
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implementation of the autism strategy. |
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(5) | Guidance issued under this section must in particular include guidance |
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(a) | the provision of relevant services for the purpose of diagnosing autistic |
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spectrum conditions in adults; |
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(b) | the identification of adults with such conditions; |
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(c) | the assessment of the needs of adults with such conditions for relevant |
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(d) | planning in relation to the provision of relevant services to persons |
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with autistic spectrum conditions as they move from being children to |
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(e) | other planning in relation to the provision of relevant services to adults |
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with autistic spectrum conditions; |
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(f) | the training of staff who provide relevant services to adults with such |
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(g) | local arrangements for leadership in relation to the provision of |
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relevant services to adults with such conditions. |
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(6) | The Secretary of State must consult and seek the participation of local |
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authorities, NHS bodies and NHS foundation trusts before— |
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(a) | issuing guidance under this section, or |
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(b) | revising it in a way which would, in the opinion of the Secretary of |
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State, result in a substantial change to the guidance. |
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(7) | Consultation and steps to seek participation undertaken by the Secretary of |
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State before this section comes into force are as effective for the purposes of this |
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section as consultation and steps to seek participation undertaken after that |
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3 | Local authorities and NHS bodies: duty to act under guidance |
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(1) | This section applies to guidance or revised guidance issued under section 2 to |
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a local authority or an NHS body. |
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(2) | Guidance or revised guidance is to be treated as if it were general guidance of |
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the Secretary of State under section 7 of the Local Authority Social Services Act |
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1970 (c. 42) (local authorities to exercise social services functions under |
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guidance of Secretary of State). |
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(3) | For the purposes of guidance or revised guidance— |
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(a) | an NHS body is to be treated as if it were a local authority within the |
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meaning of the 1970 Act (see section 1 of that Act), and |
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(b) | the functions of an NHS body mentioned in section 2(1)(b) are to be |
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treated as if they were its social services functions within the meaning |
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of that Act (see section 1A of that Act). |
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“adult” means a person who is aged 18 or over (and, accordingly, “child” |
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means a person who is under the age of 18); |
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(a) | a county council in England; |
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(b) | a metropolitan district council; |
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(c) | a non-metropolitan district council for an area for which there is |
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(d) | a London borough council; |
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(e) | the Common Council of the City of London; |
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(f) | the Council of the Isles of Scilly; |
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(a) | a Strategic Health Authority; |
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(b) | a Primary Care Trust; |
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(c) | a National Health Service trust all or most of whose hospitals, |
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establishments and facilities are in England; |
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(d) | a Special Health Authority performing functions only or mainly |
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(a) | in relation to an NHS body, means health services provided for |
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the purposes of the health service continued under section 1(1) |
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of the National Health Service Act 2006 (c. 41); |
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(b) | in relation to a local authority, means services provided in the |
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exercise of the authority’s social services functions within the |
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meaning of the Local Authority Social Services Act 1970 (see |
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(2) | In this Act references to the provision of services include references to |
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arranging for the provision of services (and references to services provided are |
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to be construed accordingly). |
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There shall be paid out of money provided by Parliament— |
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