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| | For other Amendment(s) see the following page(s):
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| | Health and Social Care Bill Committee 213-263 |
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| | Health and Social Care Bill |
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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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| | To move the following Clause:— |
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| | | ‘There will be a Chief Social Worker— |
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| | | (a) | to report to and advise Ministers, |
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| | | (b) | to make an annual report to Parliament on the state of social work in |
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| | | (c) | to work in close co-operation with the College of Social Work, the Social |
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| | | Work and Health Professions Council, the Professional Standards |
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| | | Authority for Health and Social Care, the National Institute for Health |
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| | | and Care Excellence, inspectors and employers.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | There will be statutory guidance and regulation to ensure that Government and |
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| | | Local Government, the Chief Social Worker, the Social Work and Health |
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| | | Professions Council, inspectors and employers consult with and respond to the |
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| | | advice offered by the College of Social Work. |
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| | | (2) | The statutory entitlements of the College of Social Work will be dependent on its |
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| | | ability to demonstrate every four years that it has 51 per cent. of registered social |
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| | | workers in membership; if it fails to do so its statutory role will be suspended for |
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| | | 12 months and thereafter indefinitely until this can be rectified.’. |
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| | Clause 69, page 73, line 21, leave out from first ‘the’ to end of line 21 and insert |
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| | ‘non-designation of the service for the purposes of this Part. |
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| | | (1A) | In the absence of an application under subsection (1) it is assumed that all health |
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| | | services are designated.’. |
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| | Clause 69, page 73, line 24, after second ‘is,’ insert ‘not’. |
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| | Clause 69, page 73, leave out line 23. |
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| | Clause 69, page 73, line 31, at end insert— |
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| | | ‘(c) | increase or fail to decrease inequalities between the people of England |
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| | | (iii) | access to health services.’. |
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| | Clause 69, page 73, line 39, at end insert— |
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| | | ‘(ba) | the potential impact on other services in the organisation or region’. |
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| | Clause 52, page 62, leave out lines 34 and 35. |
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| | Clause 52, page 63, line 2, at end insert— |
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| | | ‘(3A) | Monitor must, in exercising its functions, involve and engage patients and the |
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| | Clause 54, page 63, line 40, at end insert— |
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| | | ‘(ca) | the need for enhancing collaboration and integration between health and |
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| | | (cb) | the impact that its actions affecting one service could have on related |
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| | | services and the local health economy as a whole,’. |
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| | Clause 57, page 66, line 21, leave out subsection (2). |
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| | Schedule 7, page 276, line 37, at end insert— |
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| | | ‘(d) | a patient representative appointed by Healthwatch England.’. |
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| | Schedule 7, page 276, line 37, at end insert— |
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| | | ‘(2A) | The management board of Monitor must meet in public.’. |
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| | Schedule 7, page 280, leave out lines 19 to 23. |
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| | Schedule 7, page 280, leave out lines 34 and 35. |
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| | Schedule 7, page 281, leave out lines 1 to 6. |
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| | Schedule 7, page 279, line 30, at end insert— |
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| | | ‘Annual meeting of members |
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| | | 8A (1) | Monitor must hold an annual meeting of its members. |
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| | | (2) | The meeting must be open to members of the public. |
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| | | (3) | At least one member of the management board must attend the meeting and |
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| | | present the following documents to the members at the meeting— |
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| | | (b) | any report of the auditor on them, and |
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| | Clause 62, page 68, line 40, leave out subsection (2). |
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| | Clause 62, page 69, line 3, leave out subsection (4). |
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| | Clause 63, page 69, leave out lines 43 and 44. |
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| | Clause 63, page 70, leave out line 3. |
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| | Clause 64, page 70, leave out from line 23 to line 15 on page 71. |
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| | Schedule 4, page 238, line 25, at end insert— |
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| | | ‘( ) | In subsection (2A), in paragraph (b) for “paragraphs (a) to (h)” substitute |
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| | | “paragraphs (za) to (h)”.’. |
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| | Clause 59, page 67, line 24, at end insert ‘and that the failure is significant’. |
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| | Clause 59, page 67, line 26, at end insert— |
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| | | ‘( ) | But the Secretary of State may not give a direction under subsection (2) in relation |
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| | | to the performance of functions in a particular case.’. |
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| | Clause 59, page 67, line 31, at end insert— |
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| | | ‘( ) | Where the Secretary of State exercises a power under subsection (2) or (3), the |
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| | | Secretary of State must publish the reasons for doing so.’. |
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| | Clause 63, page 69, line 42, at end insert— |
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| | | ‘(ba) | do not act in a manner that would (or would be likely to) prevent, restrict |
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| | | or distort competition in the provision of health care services for those |
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| | Clause 63, page 69, line 43, leave out paragraph (c). |
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| | Clause 64, page 70, line 13, at end insert— |
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| | | ‘(aa) | a power to investigate on its own initiative whether the National Health |
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| | | Service Commissioning Board or a commissioning consortium has failed |
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| | | to comply with a requirement imposed by virtue of section 63(1)(ba);’. |
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| | Clause 64, page 70, line 16, after ‘(a)’ insert ‘or (aa)’. |
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| | Clause 64, page 70, line 26, leave out paragraph (b). |
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| | Clause 64, page 70, line 29, leave out ‘powers conferred by virtue of subsection (3) |
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| | are’ and insert ‘power conferred by virtue of subsection (3) is’. |
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| | Clause 69, page 74, line 1, leave out ‘must grant an application under this section’ |
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| | and insert ‘may grant an application under this section only’. |
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| | Clause 69, page 74, line 6, leave out from beginning to ‘to’ in line 7 and insert |
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| | ‘Monitor must give notice of its decision on an application under this section’. |
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| | Clause 69, page 74, line 10, at beginning insert ‘Where Monitor grants the |
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| | Clause 69, page 74, line 11, leave out ‘right of appeal conferred by section 70’ and |
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| | insert ‘rights conferred by section (Complaint about grant of application for |
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| | Clause 69, page 74, line 11, at end insert— |
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| | | ‘( ) | Where Monitor refuses the application, a notice under subsection (7) given to the |
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| | | commissioner or the provider of the service must— |
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| | | (a) | give the reasons for the refusal, and |
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| | | (b) | explain the rights conferred by section (Complaint about refusal of |
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| | | application for designation).’. |
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| | Page 74, line 42, leave out Clause 70. |
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| | Clause 71, page 75, line 10, leave out ‘the relevant’ and insert ‘each review’. |
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| | Clause 71, page 75, line 14, leave out subsection (2) and insert— |
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| | | ‘(2) | The first review period is a period which is of such duration as Monitor may by |
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| | | direction specify but which— |
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| | | (a) | must not begin before the expiry of the period of one year after the date |
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| | | of the notice under section 69(7), and |
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| | | (b) | must end before the expiry of the period of ten years after that date. |
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| | | (2A) | Each subsequent review period is a period which is of such duration as Monitor |
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| | | may by direction specify but which— |
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| | | (a) | must not begin before the expiry of the period of one year after the date |
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| | | on which the previous review under subsection (1) was completed, and |
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| | | (b) | must end before the expiry of the period of ten years after that date. |
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| | | (2B) | For the purposes of subsections (2) and (2A), Monitor may specify— |
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| | | (a) | the same period in respect of all designated services, or |
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| | | (b) | different periods in respect of different designated services or designated |
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| | | services of different descriptions.’. |
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| | Clause 71, page 75, line 35, leave out ‘must grant an application under subsection |
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| | (3)’ and insert ‘may grant an application under subsection (3) only’. |
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| | Clause 71, page 75, line 40, leave out from beginning to ‘to’ in line 41 and insert |
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| | ‘Monitor must give notice of its decision on an application under subsection (3)’. |
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| | Clause 71, page 75, line 43, at end insert— |
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| | | ‘( ) | Where Monitor grants the application, a notice under subsection (7) given to a |
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| | | provider of a service for the purposes of the NHS must explain the rights |
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| | | conferred by section (Complaint about grant of application for removal of |
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| | | ( ) | Where Monitor refuses the application, the notice under subsection (7) given to |
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| | | (a) | give the reasons for the refusal, and |
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| | | (b) | explain the rights conferred by section (Complaint about refusal of |
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| | | application for removal of designation).’. |
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| | Clause 71, page 76, line 1, leave out subsections (8) to (10). |
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