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| Schedule 5, page 273, line 1, at end insert— |
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| | ‘ | The Education and Skills Act 2008 is amended as follows.’. |
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| Schedule 5, page 273, line 7, at end insert— |
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| | ‘ | In section 77 (supply of information by public bodies), in subsection (2)— |
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| | (b) | omit paragraph (d), and |
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| | (c) | before paragraph (e) insert— |
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| | “(da) | a commissioning consortium,”.’. |
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| Schedule 5, page 273, line 18, leave out paragraph 73 and insert— |
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| | ‘ | The Local Democracy, Economic Development and Construction Act 2009 is |
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| | | In section 2 (duty to promote understanding of functions of certain public |
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| | |
| | (a) | in subsection (2), in paragraph (c) after “under” insert “section 2A or |
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| | 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health |
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| | (b) | in that subsection, after paragraph (e) insert— |
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| | “(ea) | the National Health Service Commissioning Board, |
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| | so far as exercising functions in respect of the |
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| | principal local authority’s area;”, |
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| | (c) | in subsection (3), after paragraph (k) insert— |
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| | “(ka) | a commissioning consortium;”, and |
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| | (i) | omit paragraph (l), and |
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| | | In section 123 (partner authorities), in subsection (2)— |
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| | (a) | after paragraph (h) insert— |
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| | “(ha) | a commissioning consortium;”, and |
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| | (b) | omit paragraph (i).’. |
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| Schedule 5, page 273, line 24, at end insert— |
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| | ‘ () | In each of the following provisions for “NHS services” substitute “health |
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| | (b) | section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and |
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| | (c) | the definitions of “carers”, “patients” and “staff” in section 3(7).’. |
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| Schedule 5, page 273, line 25, leave out ‘In section 2 (duty to have regard to NHS |
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| constitution),’ and insert— |
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| | ‘ () | Section 2 (duty to have regard to NHS constitution) is amended as follows. |
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| | () | In subsection (1), for “NHS functions” substitute “health service functions”.’. |
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| Schedule 5, page 273, line 30, at end insert— |
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| | ‘(cc) | local authorities (within the meaning of section 2B of the |
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| | National Health Service Act 2006);”.’. |
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| Schedule 5, page 273, line 30, at end insert— |
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| | ‘() | In subsection (3), for “an “NHS function”” substitute “a “health service |
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| | (a) | before paragraph (a) insert— |
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| | “(za) | provides health services under arrangements made by |
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| | the National Health Service Commissioning Board or |
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| | a commissioning consortium under or by virtue of |
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| | section 3, 3A, 3B or 4 of, or Schedule 1 to, the |
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| | National Health Service Act 2006,”, |
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| | (b) | omit the word “or” at the end of paragraph (a), and |
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| | (c) | after paragraph (b) insert ‘, or |
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| | (c) | provides health services under arrangements made by |
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| | a local authority for the purposes of its functions |
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| | under or by virtue of section 2B or 6C(1) of, or |
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| | Schedule 1 to, that Act.” |
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| | () | In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), |
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| Schedule 5, page 273, line 30, at end insert— |
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| | ‘ (1) | Section 3 (availability and review of NHS constitution) is amended as follows. |
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| | (2) | In subsection (3), omit paragraph (d). |
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| | (3) | Omit subsection (8).’. |
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| Schedule 5, page 273, line 31, leave out ‘In section 8 (duty of providers to publish |
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| information),’ and insert— |
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| | ‘ () | Section 8 (duty of providers to publish information) is amended as follows. |
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| | () | In subsection (1) for “NHS services” (in each place where it occurs) substitute |
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| | “relevant health services”. |
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| Schedule 5, page 273, line 32, at end insert— |
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| | ‘() | In subsection (3) for paragraphs (a) to (c) substitute— |
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| | “(a) | provides health services as mentioned in section 2(4)(za) or |
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| | (b) | in pursuance of a contract, agreement or arrangements as |
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| | mentioned in section 2(4)(za) or (a), makes arrangements for |
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| | another person to provide health services,”. |
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| | () | For subsection (6) substitute— |
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| | “health services” has the same meaning as in Chapter 1; |
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| | “relevant health services” means health services the provision of which |
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| | is arranged by the National Health Service Commissioning Board or a |
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| | commissioning consortium under or by virtue of section 3, 3A, 3B or |
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| | 4 of, or Schedule 1 to, the National Health Service Act 2006 or under |
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| | or by virtue of Parts 4 to 7 of that Act.”’. |
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| Schedule 5, page 273, line 32, at end insert— |
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| | ‘ | In section 9 (supplementary provision about the duty to publish information), |
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| | in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.’. |
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| Schedule 5, page 273, line 34, leave out paragraphs 77 and 78. |
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| Schedule 5, page 274, line 3, at end insert— |
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| | ‘ | The Equality Act 2010 is amended as follows. |
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| | | In section 1 (public sector duty regarding socio-economic inequalities), in |
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| | (a) | omit paragraph (h), and |
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| | (b) | omit paragraph (i).’. |
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| Schedule 6, page 274, line 33, at end insert— |
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| | ‘Directions under section 7 of the 2006 Act |
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| | 1A (1) | This paragraph applies if section 17 is commenced before section 29(1). |
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| | (2) | Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if |
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| | after “Special Health Authority” there were inserted “or Primary Care Trust”. |
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| | (3) | Sub-paragraph (4) applies in relation to any direction given under section 7(1) |
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| | of the 2006 Act to a Primary Care Trust which has effect immediately before |
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| | (4) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has |
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| | effect by virtue of sub-paragraph (2)). |
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| | (5) | Sub-paragraph (6) applies in relation to any direction given under section 7(2) |
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| | of the 2006 Act to a Special Health Authority in respect of the functions of a |
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| | Primary Care Trust which has effect immediately before section 17 is |
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| | (6) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Special Health Authority in respect of the functions of the Primary |
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| | Care Trust under section 7(1) of the 2006 Act. |
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| | (7) | Any reference in this paragraph to section 7(1) of the 2006 Act is a reference |
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| | to that provision as amended by section 17. |
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| | 1B (1) | Sub-paragraph (2) applies in relation to any direction given under section 7(1) |
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| | of the 2006 Act to a Special Health Authority which has effect immediately |
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| | before section 17 is commenced. |
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| | (2) | The direction continues to have effect on and after the commencement of that |
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| | section as if given under section 7(1) of the 2006 Act (as amended by section |
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| Clause 46, page 60, line 5, at end insert— |
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| | ‘( ) | Schedule Abolition of the Health Protection Agency: consequential amendments |
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| | (which makes amendments of other enactments in consequence of the provision |
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| | made by this section) has effect.’ |
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| Clause 50, page 62, line 20, at end insert— |
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| | ‘( ) | In section 271 of that Act (territorial limit of exercise of functions), in subsection |
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| | (3) after paragraph (d) insert— |
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| | “(da) | section 247A (co-operation in relation to public health |
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| Clause 192, page 163, line 3, leave out ‘by virtue of’ and insert ‘under’. |
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| Clause 192, page 163, line 28, at end insert— |
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| | ‘( ) | In section 276 of that Act (index of defined expressions), omit the entry for |
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| Clause 192, page 163, line 28, at end insert— |
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| | ‘( ) | In Schedule 17 to that Act (exempt information relating to health services), in |
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| | paragraph 13(1)(b), for “146” substitute “147A”.’. |
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| Clause 166, page 139, line 2, after ‘with’ insert ‘information and’. |
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| Clause 166, page 139, line 2, at end insert ‘and the Commission shall respond in |
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| writing to the committee about its response or proposed response to the advice’. |
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| Clause 166, page 139, line 16, leave out ‘its functions during the year’ and insert |
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| ‘during the year the functions exercisable by it’. |
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| Clause 166, page 139, line 40, leave out ‘such function’ and insert ‘function it is |
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| Clause 166, page 140, line 9, at end insert— |
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| | ‘( ) | In each of the following provisions, at the end of the entry for the Care Quality |
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| | Commission insert “and the Healthwatch England committee”— |
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| | (a) | Part 2 of Schedule 1 to the Public Records Act 1958, |
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| | (b) | Part 2 of Schedule 1 to the House of Commons Disqualification Act |
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| | (c) | Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
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| Clause 166, page 140, line 9, at end insert— |
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| | ‘( ) | Where the Healthwatch England committee does not consist of or include all the |
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| | members of the Care Quality Commission, the committee is nonetheless to be |
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| | treated as doing so for the purposes of section 2(1) of the Public Bodies |
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| | (Admission to Meetings) Act 1960.’. |
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| Clause 167, page 140, line 24, at end insert— |
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| | ‘( ) | In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after |
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| | “(bk) | Local Healthwatch organisations;”.’. |
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| Clause 167, page 140, line 24, at end insert— |
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| | ‘( ) | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at |
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| | the appropriate place insert— |
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| | | “A Local Healthwach organisation.”’. |
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| Clause 167, page 140, line 24, at end insert— |
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| | ‘( ) | In Part 2 of Schedule 1 to the Northern Ireland Disqualification Act 1975, at the |
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| | appropriate place insert— |
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| | | “A Local Healthwatch organisation.”’. |
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| Schedule 13, page 312, line 22, leave out paragraph (b). |
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| Schedule 13, page 312, line 23, leave out sub-paragraph (4) and insert— |
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| | ‘(4) | The Secretary of State may direct an LHW that the accounts prepared by it |
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| | under this paragraph are to be audited in accordance with such requirements as |
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| | are specified in the direction; but subject to that, an LHW must arrange for the |
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| | accounts so prepared to be audited in such manner as it considers appropriate.’. |
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| Schedule 13, page 312, line 32, at end add— |
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| | 8 (5) | An LHW shall adopt and publish procedures for making decisions about the |
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| | exercise of its functions and shall review such procedures from time to time to |
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| | ensure they remain effective and efficient for the purposes of carrying out |
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| | (6) | An LHW shall adopt and publish procedures for selecting and authorising |
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| | “authorised persons” to exercise LHW “rights of entry”, such procedures to |
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| | have regard to safety, privacy and dignity of patients and service-users, the |
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| | public, employees of health and social care commissioners and providers and |
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| | LHW “authorised persons” and the LHW shall review such procedures from |
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| | time to time to ensure they remain effective and efficient for the purposes of |
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| | exercising LHW “rights of entry”. |
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| | (7) | Procedures under subsection (2) shall specify the procedure to be followed by |
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| | the LHW in determining the circumstances in which it intends to exercise |
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| | “rights of entry” and the LHW shall make arrangements to bring the procedure |
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| | to the attention of commissioners and providers of healthcare and social care |
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| | (8) | An LHW shall meet in public, shall publish papers to be considered in advance |
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| | of meetings and shall publish records of decisions taken. |
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| | (9) | An LHW shall publish annual reports on how it has carried out its functions |
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| | during the preceding 12 months, including its assessment of how effectively |
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| | and efficiently it has carried out each of its functions over the period and the |
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| | changes that have resulted to healthcare and social care services resulting from |
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| | the exercise of its functions.’. |
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| Clause 168, page 141, leave out lines 2 to 4. |
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| Clause 168, page 140, line 38, at end insert— |
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| | ‘( ) | At the end of that paragraph, insert “and to the Healthwatch England committee |
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| | of the Care Quality Commission.”’. |
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| Clause 169, page 141, line 38, at end insert— |
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| | ‘(7C) | Before preparing this report, A must consider such information and consult such |
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| | organisations and persons as it considers appropriate, including an overview and |
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| | scrutiny committee where operated. A must describe in the report the nature of |
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| | the information considered and the names of the organisations and persons |
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| Clause 169, page 141, line 39, at end insert ‘and insert “before determining the |
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| arrangements to be made under section 221(1) the local authority must consult such |
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| persons and representatives of such persons as it considers can provide advice about |
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| arrangements that will secure the requirements in section 222(7A) and must have regard |
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| to the advice it receives when determining the arrangements to be made.”.’. |
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| Clause 170, page 142, line 22, after ‘Independent’, insert ‘advice, information |
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