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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 (Re-committed) Bill
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| | The Bill is re-committed in respect of the following Clauses and Schedules:
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| | Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29, Schedules 1 to 3, Clauses 55 and 56, 58 |
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| | and 59, 63 to 75, 100 and 101, 112 to 117, 147, Schedules 8 and 9, Clauses 149, 156, |
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| | 165 and 166, 176, 178 to 180, 189 to 193, Schedule 15, Clauses 242, 265, 285 and 286, |
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| | The amendments have been arranged in accordance with the Order of the |
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| Clause 149, page 138, line 3, at end insert— |
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| | ‘( ) | After paragraph 18D of that Schedule insert— |
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| | “18E (1) | The constitution must provide for meetings of the board of directors to |
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| | be open to members of the public. |
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| | (2) | But the constitution may provide for members of the public to be |
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| | excluded from a meeting for special reasons.”’. |
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| Clause 156, page 141, line 34, at end insert— |
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| | ‘( ) | After section 35(3) of that Act (things the regulator must consider before deciding |
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| | whether it is satisfied as to the matters in subsection (2)) insert— |
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| | “(3A) | The regulator must not give an authorisation unless it is notified by the |
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| | Care Quality Commission that it is satisfied that the applicant is |
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| | complying with (so far as applicable) the requirements mentioned in |
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| | section 12(2) of the Health and Social Care Act 2008 in relation to the |
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| | regulated activity or activities the applicant carries on. |
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| | (3B) | In subsection (3A), “regulated activity” has the same meaning as in |
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| | section 8 of the Health and Social Care Act 2008.”’. |
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| Clause 165, page 147, line 29, after ‘applicant’, insert ‘(that is an NHS foundation |
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| Clause 165, page 147, line 31, leave out paragraph (a). |
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| Clause 166, page 148, line 12, after ‘applicant’, insert ‘(that is an NHS foundation |
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| Clause 166, page 148, line 13, after ‘must’, insert ‘— |
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| | (a) | be supported by the Secretary of State if B is an NHS trust, and |
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| Clause 176, page 155, line 10, leave out subsections (3) and (4). |
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| Page 155, line 6, leave out Clause 176. |
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| Clause 178, page 157, line 36, at end insert ‘; and the Commission must inform the |
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| committee in writing of its response or proposed response to the advice.’. |
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| Clause 178, page 158, line 31, after ‘discharge’, insert ‘, |
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| | | and that the failure is significant’. |
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| Clause 178, page 158, line 34, at end insert— |
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| | ‘( ) | In subsection (2A) of that section (inserted by section [Failure to discharge |
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| | functions]), after “(1)” insert “or (1A)”.’. |
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| Clause 178, page 158, line 37, at end insert— |
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| | ‘( ) | In subsection (4) of that section (inserted by section [Failure to discharge |
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| | functions]), after “(1)” insert “, (1A)”.’. |
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| Clause 178, page 158, line 37, at end insert— |
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| | ‘( ) | For the title to that section substitute “Failure by the Commission or Healthwatch |
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| | England in discharge of functions”.’. |
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| Clause 179, page 160, line 5, at end insert— |
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| | ‘( ) | In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector |
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| | equality duty), after the entry for the Health Service Commissioner for England |
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| | | “A Local Healthwatch organisation.”’. |
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| Schedule 15, page 363, line 10, at end insert— |
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| | ‘(3) | The regulations must make provision requiring a person who has |
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| | power to appoint a member of an LHW to act with a view to |
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| | securing that the members of the LHW (taken together) are |
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| | (a) | people who live in the LHW’s area, |
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| | (b) | people to whom care services are being or may be provided |
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| | (c) | people from that area to whom care services are being |
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| | (4) | In sub-paragraph (3), “care services” has the meaning given in |
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| Schedule 15, page 364, line 2, at end insert— |
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| | ‘(5) | In making arrangements under this paragraph, an LHW must act |
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| | with a view to securing that, so far as appropriate, the persons with |
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| | whom it makes the arrangements (taken together) are representative |
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| | (a) | people who live in the LHW’s area, |
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| | (b) | people to whom care services are being or may be provided |
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| | (c) | people from that area to whom care services are being |
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| | (6) | In sub-paragraph (5), “care services” has the meaning given in |
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| Schedule 15, page 364, line 17, at end insert— |
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| | ‘() | A direction under sub-paragraph (4) may be varied or revoked by a |
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| Clause 180, page 160, line 26, at end insert— |
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| | ‘( ) | After that subsection insert— |
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| | “(3A) | A person to whom views are made known or reports or recommendations |
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| | are made under subsection (2)(d) must, in exercising any function |
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| | relating to care services, have regard to the views, reports or |
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| Clause 189, page 170, line 23, after ‘(8)’, insert ‘— |
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| Clause 189, page 170, line 24, at end insert ‘, and |
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| | (b) | after paragraph (b) (but before the “and” immediately following it) |
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| | “(ba) | involve the Local Healthwatch Organisation for the area |
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| | of the responsible local authority; |
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| | (bb) | involve the people who live or work in that area;”, and |
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| | (c) | in paragraph (c) for “consult” substitute “involve”.’. |
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| Clause 190, page 171, line 18, after ‘to’, insert ‘— |
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| Clause 190, page 171, line 19, at end insert ‘, and |
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| | (b) | any guidance issued by the Secretary of State.’. |
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| Clause 190, page 171, line 19, at end insert— |
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| | ‘( ) | In preparing a strategy under this section, the responsible local authority and each |
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| | of its partner commissioning consortia must— |
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| | (a) | involve the Local Healthwatch Organisation for the area of the |
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| | responsible local authority, and |
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| | (b) | involve the people who live or work in that area.’. |
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| Clause 190, page 171, line 36, leave out ‘relevant’. |
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| Clause 190, page 171, line 37, leave out ‘the most recent’ and insert ‘any’. |
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| Clause 190, page 171, line 39, after ‘section 116’, insert ‘which is relevant to the |
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| exercise of the functions’. |
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| Clause 190, page 171, line 40, leave out ‘the most recent’ and insert ‘any’. |
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| Clause 190, page 171, line 41, after ‘section 116A’, insert ‘which is so relevant’. |
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| Clause 190, page 171, leave out lines 42 to 45. |
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| Clause 190, page 172, line 3, leave out from second ‘to’ to end of line 4 and insert |
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| | (a) | any assessment of relevant needs prepared by the responsible local |
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| | authority and each of its partner commissioning consortia under section |
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| | 116 which is relevant to the exercise of the functions, and |
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| | (b) | any joint health and wellbeing strategy prepared by them under section |
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| | 116A which is so relevant.’. |
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| Clause 242, page 216, line 37, after ‘that’, insert ‘— |
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| Clause 242, page 216, line 39, at end insert ‘, and |
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| | ( ) | the failure is significant.’. |
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| Clause 242, page 217, line 8, at end insert— |
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| | ‘( ) | Where the Secretary of State exercises a power under subsection (1) or (3), the |
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| | Secretary of State must publish reasons for doing so.’. |
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| Clause 265, page 228, line 25, after ‘that’, insert ‘— |
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| Clause 265, page 228, line 27, at end insert ‘, and |
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| | ( ) | the failure is significant.’. |
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| Clause 265, page 228, line 35, at end insert— |
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| | ‘( ) | Where the Secretary of State exercises a power under subsection (1) or (3), the |
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| | Secretary of State must publish reasons for doing so.’. |
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| Clause 295, page 245, line 45, leave out paragraph (j). |
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| Clause 295, page 246, line 16, after ‘and’, insert ‘(subject to section 63(3))’. |
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| Clause 297, page 247, line 17, at end insert— |
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| | ‘(1A) | Section 28 comes into force in accordance with sections 28(3) and (4).’. |
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| Clause 297, page 247, line 18, leave out subsection (2). |
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