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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Health and Social Care Bill
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| | The Amendments have been arranged in accordance with the Orders of the |
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| | Committee [8 February and 8 March]. |
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| Clause 184, page 154, line 40, at end insert— |
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| | ‘(g) | where there are existing agreements under section 77 for care trusts and |
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| | other forms of integration between councils and the NHS, these should |
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| | continue uninterrupted if both the council and the commissioning |
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| | consortia covering that council’s area, or relevant other NHS body, both |
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| | wish them to. Any decision to disband them should await the formal |
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| | establishment of commissioning consortia.’. |
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| Clause 193, page 164, line 20, after ‘England’, insert ‘and meets the international |
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| definition of Social Work as follows— |
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| | “The social work profession promotes social change, problem solving in |
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| | human relationships and the empowerment and liberation of people to |
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| | enhance wellbeing. Utilising theories of human behaviour and social |
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| | systems, social work intervenes at the points where people interact with |
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| | their environments. Principles of human rights and social justice are |
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| | fundamental to social work.”’. |
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| Clause 193, page 164, line 20, at end insert— |
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| | ‘(5A) | After subsection 2ZA insert— |
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| | “(2ZAA) | Social Work in England is that which through the exercise of its statutory |
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| | functions and/or the employment of its range of skills works to— |
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| | (a) | promote social justice by helping people to achieve change in |
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| | (b) | meet the needs of people and enable their social inclusion and the |
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| | (c) | protect those who may be at risk of abuse or harm from others; |
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| | (d) | reduce the risk of people abusing or harming others; |
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| | (e) | enhance self respect and respect for others within families, |
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| | groups and communities; and |
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| | (f) | reduce conflict and distress in families, groups and communities. |
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| | (2ZAB) | Social Work operates within a wide range of legislative frameworks and |
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| | with Government guidance and regulations. |
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| | (2ZAC) | Social Work puts individuals, families, groups and communities at the |
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| | forefront of its concern and works with all others to promote their health, |
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| | socio-economic wellbeing and empowerment. |
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| | (2ZAD) | Social Work provides the necessary challenge to governments and |
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| | institutions through advocacy which is rooted in internationally |
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| | recognised ethical principles and undertaken alongside individuals, |
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| | families, groups and communities.”’. |
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| Clause 198, page 169, leave out line 7 and insert— |
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| | ‘(b) | is to change its name to the Social Work and Health Professions |
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| Clause 198, page 169, line 12, leave out ‘“The Health and Care Professions |
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| Council”’ and insert ‘“The Social Work and Health Professions Council”’. |
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| Clause 198, page 169, line 16, leave out ‘“the Health and Care Professions |
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| Council”’ and insert ‘“the Social Work and Health Professions Council”’. |
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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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| Clause 208, page 178, line 20, at end insert ‘and representatives of the |
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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 212, page 184, line 9, leave out from beginning to ‘imposes’ and insert ‘The |
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| reference in subsection (2) to an enactment does not include a reference to an enactment |
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| Clause 212, page 185, line 1, at end insert ‘including representatives of affected |
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| Clause 212, page 185, line 16, at end insert— |
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| | ‘(6) | An assessment under this section must have particular regard to the level of |
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| | engagement with patients and the level of potential harm posed to patients of each |
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| | health profession under consideration. |
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| | (7) | If, following the impact assessment, the regulatory body identifies that statutory |
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| | regulation is more proportionate to the level of risk posed to users of health care, |
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| | users of social care in England and users of social work services in England by a |
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| | certain group of health or social care professionals, then there will be a duty on |
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| | the Secretary of State to introduce statutory regulation for such groups.’. |
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| Schedule 14, page 318, line 35, leave out paragraph 47. |
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| Schedule 14, page 321, line 37, at end insert— |
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| | ‘() | Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 |
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| | (which provides for the inclusion of a reference to the Council for Healthcare |
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| | Regulatory Excellence in the National Assembly for Wales (Disqualification) |
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| | Order 2006, which has itself been revoked).’. |
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| Schedule 14, page 322, line 8, leave out paragraph (d). |
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| Schedule 14, page 322, line 15, leave out paragraph (b). |
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| Schedule 14, page 322, line 15, at end insert— |
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| | ‘() | Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 |
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| | (which inserts a reference to the OHPA in the National Assembly for Wales |
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| | (Disqualification) Order 2006, which has itself been revoked).’. |
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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 ‘preparing’, insert ‘or revising’. |
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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 218, page 190, line 33, after ‘section’, insert ‘7A or’. |
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| Clause 218, page 190, line 35, leave out from first ‘of’ to ‘Schedule’ in line 36 and |
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| | (a) | the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or |
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| | 12 of Schedule 1 to, that Act, or |
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| | (b) | a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 |
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| Clause 221, page 192, line 18, leave out ‘may’ and insert ‘will’. |
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| Clause 221, page 192, line 21, leave out ‘and’. |
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| Clause 221, page 192, line 31, after ‘any’, insert ‘public’. |
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| Clause 221, page 192, line 40, at end insert— |
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| | ‘“public body” means a body or other person whose functions— |
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| | (a) | are of a public nature, or |
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| | (b) | include functions of that nature, |
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| | but, in the latter case, the body or person is a public body to the extent |
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| | only of those functions;’. |
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| Clause 223, page 193, line 24, after ‘provision’, insert ‘, or the facilitation of the |
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| Clause 224, page 193, line 34, leave out subsections (2), (3) and (4)’. |
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| Clause 233, page 196, line 5, at end insert— |
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| | ‘(2) | A statement of standards prepared and published by the Institute before |
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| | commencement is to be treated on and after commencement as if it were a quality |
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| | (a) | prepared and published by NICE in accordance with section 218, |
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| | (b) | endorsed under subsection (5) of that section, and |
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| | (c) | in respect of which the transitional commissioner is the relevant |
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| | commissioner for the purposes of that section. |
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| | (3) | Subsections (4) to (6) apply to a case where before commencement— |
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| | (a) | the Secretary of State has referred a matter to the Institute for the purpose |
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| | of preparing and publishing a statement of standards, but |
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| | (b) | the Institute has not published the statement. |
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| | (4) | The referral by the Secretary of State to the Institute of the matter is to be treated |
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| | on and after commencement as if it were a direction given to NICE by the |
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| | transitional commissioner for the preparation of a quality standard in relation to |
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| | that matter under section 218(1); and the transitional commissioner is to be |
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| | treated as the relevant commissioner for the purposes of that section. |
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| | (5) | Anything done by the Institute before commencement in relation to the matter is |
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| | to be treated on and after commencement as having been done by NICE in |
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| | pursuance of the direction. |
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| | (6) | Consultation undertaken by the Institute before commencement in relation to the |
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| | matter is to be treated on and after commencement as if it were consultation by |
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| | NICE under section 218(3) in relation to the preparation of the quality standard. |
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| | (7) | A procedure established by the Institute before commencement for the |
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| | preparation of statements of standards is to be treated on and after |
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| | commencement as if it were a procedure established by NICE in accordance with |
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| | section 218(7) for the preparation of quality standards. |
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| | (8) | For the purposes of this section “the transitional commissioner” is the Secretary |
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| | of State; but the Secretary of State, after consulting the Board, may direct that in |
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| | relation to a particular statement of standards or matter the transitional |
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| | (b) | both the Secretary of State and the Board. |
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| | “commencement” means the commencement of section 218; |
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| | “the Institute” means the Special Health Authority known as the National |
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| | Institute for Health and Clinical Excellence; |
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| | “statement of standards” means a document containing advice to the |
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| | Secretary of State in relation to the quality of the provision of health care |
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| | prepared and published by the Institute pursuant to the directions given |
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| | to the Institute by the Secretary of State on 27 July 2009.’. |
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| Schedule 16, page 331, line 7, at end insert— |
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| | ‘National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969) |
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| | | In Part 1 of the Schedule to the National Assembly for Wales |
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| | (Disqualification) Order 2010 (bodies of which the members are disqualified), |
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| | at the appropriate place insert— |
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| | | “National Institute for Health and Care Excellence;”.’. |
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