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Require
action plans to be prepared for the provision of education and
health |
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services for children and
adults with epilepsy and related conditions; to make |
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provision about support for
children and adults with epilepsy and related |
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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 |
Epilepsy
and related conditions strategy |
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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 children and adults in England with epilepsy |
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and related conditions by
improving the provision of relevant services to such |
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children and adults by local
authorities, NHS bodies and educational |
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5 |
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(2) |
That document is referred
to in this Act as “the epilepsy and related conditions |
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(3) |
The epilepsy and related
conditions strategy must be published no later than 1 |
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10 |
(4) |
The Secretary of State— |
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(a) |
must keep the epilepsy and
related conditions strategy under review, |
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(5) |
If the Secretary of State
revises the epilepsy and related conditions strategy the |
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Secretary of State must publish
it as revised. |
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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 epilepsy
and related conditions 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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5 |
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 epilepsy and related |
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conditions strategy, the
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 (see |
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section 1A of that Act), and |
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(b) |
to NHS bodies about the exercise
of their functions concerned with the |
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provision of relevant services. |
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(2) |
Guidance must be issued under
this section no later than 31 December 2012. |
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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 epilepsy
and related conditions 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 |
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epilepsy and related conditions; |
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(b) |
the identification of children
and adults with such conditions; |
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(c) |
the assessment of the needs
of children and adults with such conditions |
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(d) |
planning in relation to the
provision of relevant services to persons |
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with epilepsy and related
conditions as they move from being children |
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(e) |
other planning in relation
to the provision of relevant services to |
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children and adults with epilepsy
and related conditions; |
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(f) |
the training of staff who
provide relevant services to children and |
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adults with epilepsy and related
conditions; |
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(g) |
local arrangements for leadership
in relation to the provision of |
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relevant services to children
and adults with such conditions; and |
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(h) |
arrangements for the individual
assessment of the special educational |
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needs of children and adults
with epilepsy and related conditions |
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attending educational establishments
and for the provision of |
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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
educational establishments 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
(local authorities to exercise social services functions under
guidance of |
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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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20 |
means a person who is under
the age of 18); |
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“educational establishment”
has the same meaning as in section 71 of the |
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Corporation Tax Act 2009; |
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(a) |
a county council in
England; |
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(b) |
a district council in
England; |
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(c) |
a London borough council; |
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(d) |
the Common Council
of the City of London in its capacity as a |
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(e) |
the Council of the Isles
of Scilly; |
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“NHS body”
means any body, organisation, company or person carrying |
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out activities within or
on behalf of the NHS; |
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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; |
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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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40 |
(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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(a) |
any
expenditure incurred under or by virtue of this Act by the Secretary
of |
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(b) |
any
increase attributable to this Act in the sums payable under any
other Act |
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out
of money so provided. |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Epilepsy and Related Conditions (Education and |
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Health Services) Act 2011. |
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(2) |
This Act comes into force
at the end of the period of 2 months beginning with |
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10 |
the day on which it is passed. |
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(3) |
This Act extends to England
and Wales only. |
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