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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Make provision about The NHS Constitution; to make provision about health |
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care (including provision about the National Health Service and health |
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bodies); to make provision for the control of the promotion and sale of tobacco |
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products; to make provision about the investigation of complaints about |
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privately arranged or funded adult social care; 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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Quality and delivery of NHS services in England |
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(1) | In this Chapter the “NHS Constitution” means— |
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(a) | the document entitled “The NHS Constitution” published by the |
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Secretary of State on 21 January 2009, or |
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(b) | any revised version of that document published under section 3 or 4. |
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(2) | In this Chapter the “Handbook” means— |
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(a) | the document entitled “The Handbook to the NHS Constitution” |
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published by the Secretary of State on 21 January 2009, or |
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(b) | any revised version of that document published under section 5. |
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2 | Duty to have regard to NHS Constitution |
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(1) | Each of the bodies listed in subsection (2) must, in performing its NHS |
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functions, have regard to the NHS Constitution. |
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(a) | Strategic Health Authorities; |
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(c) | National Health Service trusts; |
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(d) | Special Health Authorities; |
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(e) | NHS foundation trusts; |
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(f) | the Independent Regulator of NHS Foundation Trusts; |
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(g) | the Care Quality Commission. |
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(3) | In subsection (1) an “NHS function” means any function under an enactment |
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which is a function concerned with, or connected to, the provision, |
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commissioning or regulation of NHS services. |
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(a) | provides NHS services under a contract, agreement or arrangements |
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made under or by virtue of an enactment listed in subsection (6), or |
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(b) | provides or assists in providing NHS services under arrangements |
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under section 12(1) of the National Health Service Act 2006 (c. 41), |
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| must, in doing so, have regard to the NHS Constitution. |
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(a) | in pursuance of a contract, agreement or arrangements as mentioned in |
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subsection (4)(a) or (b), makes arrangements (“sub-contracting |
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arrangements”) for another person to provide or assist in providing |
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(b) | provides or assists in providing NHS services under sub-contracting |
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| must, in doing so, have regard to the NHS Constitution. |
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(6) | The enactments referred to in subsection (4)(a) are the following provisions of |
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the National Health Service Act 2006— |
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(a) | section 83(2)(b) (arrangements made by PCTs for provision of primary |
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(b) | section 84(1) (general medical services contracts); |
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(c) | section 92 (other arrangements for the provision of primary medical |
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(d) | section 100(1) (general dental services contracts); |
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(e) | section 107(1) (other arrangements for the provision of primary dental |
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(f) | section 117(1) (general ophthalmic services contracts); |
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(g) | section 126(1) (pharmaceutical services); |
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(h) | section 127(1) (additional pharmaceutical services); |
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(i) | Schedule 12 (local pharmaceutical services schemes). |
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(7) | In this Chapter “NHS services” means health services provided in England for |
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the purposes of the health service continued under section 1(1) of the National |
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(8) | References in this section to the provision of services include references to the |
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provision of services jointly with another person. |
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3 | Availability and review of NHS Constitution |
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(1) | The Secretary of State must ensure that the NHS Constitution continues to be |
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available to patients, staff and members of the public. |
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(2) | At least once in any period of 10 years the Secretary of State must carry out a |
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review of the NHS Constitution (referred to in this Chapter as a “10 year |
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(3) | The following must be consulted about the NHS Constitution on a 10 year |
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(a) | patients and bodies or other persons representing patients, |
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(b) | staff and bodies or other persons representing staff, |
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(e) | members of the public, |
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(f) | the bodies and persons listed in section 2(2), (4) and (5), and |
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(g) | such other persons as the Secretary of State considers appropriate. |
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(4) | The first 10 year review must be completed not later than 5 July 2018. |
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(5) | The guiding principles may not be revised as a result of a 10 year review, |
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except in accordance with regulations made by the Secretary of State setting |
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out the revision to be made. |
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(6) | The Secretary of State must publish the NHS Constitution after any revision |
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made as a result of a 10 year review. |
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“carers” means persons who, as relatives or friends, care for other persons |
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to whom NHS services are being provided; |
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“the guiding principles” means— |
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(a) | the 7 principles described in the NHS Constitution published on |
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21 January 2009 as “the principles that guide the NHS”, or |
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(b) | any revised version of those principles set out in the NHS |
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Constitution published under this section or section 4; |
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“patients” means persons to whom NHS services are being provided; |
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(a) | persons employed by a body listed in section 2(2) or otherwise |
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working for such a body (whether as or on behalf of a |
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contractor, as a volunteer or otherwise) in, or in connection |
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with, the provision, commissioning or regulation of NHS |
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(b) | persons employed by a person listed in subsection (4) or (5) of |
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section 2 or otherwise working for such a person (whether as or |
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on behalf of a contractor, as a volunteer or otherwise) in, or in |
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connection with, the provision of NHS services or assistance or |
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the making of arrangements as mentioned in the subsection in |
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(8) | For the purposes of subsection (3), each of the following is a local authority— |
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(a) | a county council in England; |
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(b) | a district council in England, other than a council for a district in a |
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county for which there is a county council; |
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(c) | a London borough council; |
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(d) | the Common Council of the City of London; |
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(e) | the Council of the Isles of Scilly. |
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4 | Other revisions of NHS Constitution |
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(1) | This section applies to any revision of the NHS Constitution made other than |
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as a result of a 10 year review (including any such revision which revises the |
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(2) | Before any revision the Secretary of State must undertake appropriate |
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consultation about the proposed revision. |
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(3) | The persons consulted must include such patients, staff, members of the public |
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and other persons as appear to the Secretary of State to be affected by the |
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(4) | The guiding principles may not be revised, except in accordance with |
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regulations made by the Secretary of State setting out the revision to be made. |
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(5) | The Secretary of State must publish the NHS Constitution after any revision. |
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5 | Availability, review and revision of Handbook |
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(1) | The Secretary of State must ensure that the Handbook continues to be available |
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to patients, staff and members of the public. |
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(2) | At least once in any period of 3 years the Secretary of State must carry out a |
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(3) | The first review must be completed not later than 5 July 2012. |
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(4) | The Secretary of State must publish the Handbook after any revision (whether |
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made as a result of a review under this section or otherwise). |
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6 | Report on effect of NHS Constitution |
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(1) | The Secretary of State must publish a report every 3 years on how the NHS |
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Constitution has affected patients, staff, carers and members of the public, |
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since the last report was produced under this subsection. |
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(2) | The first report must be published not later than 5 July 2012. |
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(3) | The Secretary of State must lay before Parliament a copy of each report under |
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7 | Regulations under section 3 or 4 |
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(1) | The power to make regulations under section 3 or 4 is exercisable by statutory |
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(2) | A statutory instrument containing regulations under either of those sections is |
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subject to annulment in pursuance of a resolution of either House of |
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8 | Duty of providers to publish information |
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(1) | Each of the bodies listed in subsection (2) must, in accordance with regulations |
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made by the Secretary of State, publish in respect of each reporting period a |
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document containing prescribed information relevant to the quality of— |
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(a) | any NHS services that the body provides; |
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(b) | any NHS services that, under arrangements made by the body, are |
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provided by a person not listed in subsection (2) or (3); |
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(c) | any services that are provided in England and for the provision of |
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which the body provides assistance or support under section 124(1) of |
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the National Health Service Act 2006 (c. 41) (primary ophthalmic |
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(b) | National Health Service trusts all or most of whose hospitals, |
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establishments and facilities are in England; |
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(c) | Special Health Authorities; |
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(d) | NHS foundation trusts. |
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(a) | provides NHS services as mentioned in section 2(4)(a), |
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(b) | provides or assists in providing NHS services as mentioned in section |
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(c) | makes arrangements as mentioned in section 2(5)(a) for another person |
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| must, in accordance with regulations made by the Secretary of State, publish in |
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respect of each reporting period a document containing prescribed |
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information relevant to the quality of those services. |
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(4) | References in this section to the provision of services include references to the |
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provision of services jointly with another person. |
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(5) | The Secretary of State may by regulations provide that subsection (1) or (3) |
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does not apply to prescribed bodies, persons or services, or to bodies, persons |
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or services of a prescribed description. |
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(6) | In this section “NHS services” has the same meaning as in Chapter 1. |
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9 | Supplementary provision about the duty |
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(1) | In this section “the provider” means the body or person required to publish a |
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document under section 8. |
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(2) | For the purposes of that section a reporting period is— |
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(a) | the period of 12 months beginning with 1 April 2009, and |
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(b) | each subsequent period of 12 months. |
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(3) | If the Care Quality Commission or a Strategic Health Authority notifies the |
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provider of an error or omission in a document published under that section, |
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the provider must within 21 days of the notification republish the document |
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correcting the error or omission and including a statement explaining the |
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(4) | A copy of any document published under that section must be sent by the |
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provider to the Secretary of State in any form specified by the Secretary of State |
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for the purpose of enabling the Secretary of State to make the document |
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(5) | Regulations under subsection (1) or (3) of section 8 may in particular make |
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(a) | as to the form of a document published under that section and its |
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contents in addition to the prescribed information; |
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(b) | imposing duties on the provider for the purpose of ensuring the |
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(c) | as to how and when a document must be published and when a copy |
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must be sent under subsection (4); |
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(d) | requiring the provider to have regard to guidance issued by the |
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(6) | The provider must at the request of any person provide to that person a copy |
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of any document published by the provider under section 8 relating to a |
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reporting period ending not more than 2 years before the request. |
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(7) | While subsection (1) or (3) of section 8 applies to the provider, the provider |
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must keep affixed, in a conspicuous place at each of the premises at which the |
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provider provides services to which that subsection applies, a notice stating |
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how the most recent document published by the provider under that section |
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(8) | Subsection (7) does not apply if— |
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(a) | the provider does not have control of the premises, or |
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(b) | the services are provided by means such that the persons receiving |
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them do not do so at the premises. |
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(9) | In subsection (7) “premises” includes a vehicle or moveable structure. |
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10 | Regulations under section 8 |
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(1) | The power to make regulations under section 8 is exercisable by statutory |
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(2) | A statutory instrument containing regulations under section 8 is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(3) | The power to make regulations under section 8— |
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(a) | may be exercised so as to make the full provision to which the power |
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extends or any less provision (whether by way of exception or |
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(b) | may be exercised so as to make the same provision for all cases in |
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relation to which the power is exercised, or different provision for |
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(c) | may be exercised so as to make any such provision unconditionally or |
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subject to any specified condition. |
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11 | Direct payments for health care |
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In Part 1 of the National Health Service Act 2006 (c. 41), after section 12 insert— |
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“Direct payments for health care |
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12A | Direct payments for health care |
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(1) | The Secretary of State may, for the purpose of securing the provision to |
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a patient of anything to which this subsection applies, make payments, |
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with the patient’s consent, to the patient or to a person nominated by |
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(2) | Subsection (1) applies to— |
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(a) | anything that the Secretary of State may or must provide under |
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(b) | anything for which the Secretary of State must arrange under |
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paragraph 8 of Schedule 1; |
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(c) | vehicles that the Secretary of State may provide under |
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paragraph 9 of that Schedule. |
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(3) | Subsection (1) is subject to any provision made by regulations under |
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(4) | If regulations so provide, a Primary Care Trust may, for the purpose of |
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securing the provision for a patient of services that the trust must |
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provide under section 117 of the Mental Health Act 1983 (after-care), |
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make payments, with the patient’s consent, to the patient or to a person |
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nominated by the patient. |
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(5) | A payment under subsection (1) or under regulations under subsection |
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(4) is referred to in this Part as a “direct payment”. |
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(6) | A direct payment may be made only in accordance with a pilot scheme |
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under regulations made by virtue of section 12C. |
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12B | Regulations about direct payments |
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(1) | The Secretary of State may make regulations about direct payments. |
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(2) | The regulations may in particular make provision— |
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(a) | as to circumstances in which, and descriptions of persons and |
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services in respect of which, direct payments may or must be |
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(b) | as to circumstances in which direct payments may or must be |
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made to a person nominated by the patient; |
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(c) | as to the making of direct payments (and, in particular, as to |
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persons to whom payments may or must be made) where the |
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patient lacks capacity to consent to the making of the payments; |
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(d) | as to conditions that the Secretary of State or the Primary Care |
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Trust must comply with before, after or at the time of making a |
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