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| | For other Amendment(s) see the following page(s):
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| | Health and Social Care Bill Committee 496-517 |
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| | Health and Social Care Bill |
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| | Clause 200, page 171, line 34, leave out ‘High Court of Justice in England and |
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| | Wales’ and insert ‘First Tier Tribunal (Care Standards)’. |
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| | Clause 207, page 177, line 40, leave out ‘High Court of Justice in England and |
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| | Wales’ and insert ‘First Tier Tribunal (Care Standards)’. |
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| | | Assessed and supported year in employment for newly qualified social workers |
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| | To move the following Clause:— |
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| | | ‘In section 60 of the Health Act 1999 (regulation of health care professions etc.), |
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| | | in subsection (1), after paragraph (e) insert— |
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| | | “(ea) | introducing a class of provisional registration to support a |
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| | | requirement for persons who are newly qualified social workers |
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| | | to complete an assessed and supported year in employment.”’. |
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| | Clause 208, page 178, line 20, at end insert ‘and representatives of the |
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| | Clause 212, page 185, line 1, at end insert ‘including representatives of affected |
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| | Clause 242, page 200, line 41, at end insert— |
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| | | ‘(2A) | The powers under this section refer exclusively to data which has been |
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| | | anonymised or pseudonymised or explicit consent for its use for these specified |
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| | | purposes has been obtained in accordance with the common law duty of |
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| | Clause 242, page 200, line 41, leave out ‘such period’ and insert ‘a reasonable |
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| | Clause 243, page 201, line 24, leave out paragraph (c). |
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| | Page 207, line 1, leave out Clause 260. |
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| | Clause 212, page 182, line 36, at end insert— |
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| | | ‘(2A) | Subsection (2) does not apply to professions regulated under the Medical Act |
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| | Clause 234, page 196, line 20, at end insert— |
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| | | ‘(4A) | An information standard under subsection (1) must state the need for explicit |
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| | | patient consent for the disclosure of patient information, in accordance with the |
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| | | common law duty of confidentiality, unless the information has been anonymised |
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| | Clause 235, page 197, line 19, at end insert ‘including healthcare professionals and |
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| | have regard to their advice’. |
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| | Clause 237, page 197, line 34, leave out subsections (b), (c) and (d). |
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| | Clause 238, page 198, line 43, at end add— |
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| | | ‘(7) | The powers under this section refer exclusively to data which has been |
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| | | anonymised or pseudonymised or explicit consent for its use for these specified |
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| | | purposes has been obtained in accordance with the common law duty of |
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| | Clause 239, page 199, line 19, after subsection (4) insert new subsection— |
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| | | ‘(4A) | Nothing in this section shall have the effect of rendering lawful any exchange of |
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| | | information currently prohibited under current law.’. |
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| | Clause 239, page 199, line 25, at end insert ‘except that all such requests must be in |
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| | accordance with the Data Protection Act 1998.’. |
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| | Clause 239, page 199, line 41, leave out paragraph (d). |
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| | Clause 239, page 199, line 23, leave out subsection (6). |
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| | Clause 218, page 189, line 35, after ‘preparing’, insert ‘or revising’. |
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| | Clause 217, page 189, line 16, leave out ‘desirability of promoting’ and insert |
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| | ‘Commissioning Board’s duty to promote’. |
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| | Clause 218, page 189, line 33, after ‘(c)’, insert ‘adult and children’s’. |
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| | Clause 218, page 189, line 35, after ‘consult’, insert ‘and involve’. |
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| | Clause 218, page 189, line 35, after ‘public’, insert ‘and health and social care |
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| | professionals as appropriate.’. |
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| | Clause 218, page 190, line 11, leave out ‘such persons as it considers appropriate’ |
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| | and insert ‘all relevant persons’. |
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| | Clause 221, page 192, line 18, leave out ‘may’ and insert ‘will’. |
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| | Clause 224, page 193, line 34, leave out subsections (2), (3) and (4)’. |
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| | Clause 234, page 196, line 29, at end insert— |
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| | | ‘( ) | any person (other than a public body) who provides health services, or |
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| | | adult social care in England, to which the information standard relates |
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| | | pursuant to arrangements made with a public body exercising functions |
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| | | in connection with the provision of such services or care.’. |
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| | Clause 234, page 197, line 8, after ‘section’ insert ‘7A or’. |
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| | Clause 238, page 198, line 37, after ‘section’ insert ‘7A or’. |
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| | Clause 238, page 198, line 43, at end insert— |
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| | | ‘( ) | A direction under subsection (1) may require the Information Centre to |
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| | | disseminate information (other than by publishing it) only if the Centre is |
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| | | authorised to do so by section 243 or authorised or required to do so by or under |
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| | | any other provision of this or any other Act.’. |
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| | Clause 239, page 199, line 9, at end insert— |
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| | | ‘( ) | A request under subsection (1) may request the Information Centre to disseminate |
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| | | information (other than by publishing it) only if the Centre is authorised to do so |
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| | | by section 243 or authorised or required to do so by or under any other provision |
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| | | of this or any other Act.’. |
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| | Clause 239, page 199, line 42, leave out ‘provided for individuals’. |
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| | Clause 241, page 200, line 31, leave out ‘must’ and insert ‘may’. |
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| | Clause 242, page 200, line 34, leave out ‘a health or social care body’ and insert |
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| | ‘any person mentioned in subsection (1A)’. |
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| | Clause 242, page 200, line 38, at end insert— |
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| | | (a) | a health or social care body; |
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| | | (b) | any person (other than a public body) who provides health services, or |
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| | | adult social care in England, pursuant to arrangements made with a |
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| | | public body exercising functions in connection with the provision of such |
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| | Clause 242, page 200, line 39, leave out ‘A health or social care body must comply |
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| | Clause 242, page 200, line 40, after ‘(1)(a)’ insert ‘must be complied with’. |
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| | Clause 242, page 201, line 3, leave out ‘health or social care bodies and other’. |
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| | Clause 242, page 201, line 8, leave out ‘health or social care body’ and insert |
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| | ‘person mentioned in subsection (1A)’. |
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| | Clause 242, page 201, line 8, at end insert— |
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| | | ‘( ) | The provision of information under this section— |
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| | | (a) | does not breach any obligation of confidence owed by the person |
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| | | (b) | is subject to any express restriction on disclosure imposed by or under |
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| | | another Act (other than any restriction which allows disclosure if |
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| | | authorised by or under an Act).’. |
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| | Clause 243, page 201, line 15, leave out ‘—’ and insert ‘the information falls |
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| | within subsection (1A); and, subject to the following provisions of this section, if the |
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| | information falls within that subsection, the Centre must not publish it. |
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| | | (1A) | Information falls within this subsection if—’. |
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| | Clause 243, page 201, line 16, leave out ‘provider’ and insert ‘relevant person’. |
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| | Clause 243, page 201, line 17, leave out ‘provider’ and insert ‘relevant person’. |
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| | Clause 243, page 201, line 19, leave out ‘provider’ and insert ‘relevant person’. |
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| | Clause 243, page 201, line 22, leave out ‘provider’ and insert ‘relevant person’. |
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| | Clause 243, page 201, line 23, at end insert— |
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| | | ‘(ba) | the Centre considers that— |
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| | | (i) | the information fails to meet the information standards published |
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| | | under section 234 (so far as they are applicable), and |
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| | | (ii) | it would not be in the public interest to publish the information, |
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| | Clause 243, page 201, line 26, leave out subsection (2). |
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| | Clause 243, page 201, line 27, at end insert— |
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| | | ‘(2A) | A direction under section 238 may provide that the obligation to publish imposed |
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| | | by subsection (1) applies to information falling within subsection (1A)(a).’. |
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| | Clause 243, page 201, line 27, at end insert— |
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| | | ‘(2B) | The Information Centre may disseminate to any such persons and in such manner |
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| | | as it considers appropriate any information which it collects pursuant to a |
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| | | direction under section 238 or a request under section 239 and which falls within |
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| | | (2C) | Information falls within this subsection if— |
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| | | (a) | the information is required to be published under this section, |
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| | | (b) | the information is in a form which identifies any relevant person to whom |
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| | | the information relates or enables the identity of such a relevant person |
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| | | to be ascertained and the Centre, after taking into account the public |
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| | | interest as well as the interests of the relevant person, considers that it is |
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| | | appropriate for the information to be disseminated, or |
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| | | (c) | the Centre is prohibited from publishing the information only by virtue |
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| | | of it falling within subsection (1A)(ba) and the Centre considers it would |
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| | | be in the public interest for the information to be disseminated. |
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| | | (2D) | In the case of a direction under section 238 or a mandatory request under section |
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| | | 239 the power in subsection (2B) is subject to the requirements of the direction |
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| | | (2E) | Nothing in this section prevents the Information Centre from disseminating |
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| | | information (otherwise than by publishing it) pursuant to the exercise of any |
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| | | function conferred by or under any other provision of this or any other Act.’. |
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