1 Mencap s briefing on the draft care and support bill Mencap is the UK s leading learning disability charity, working with people with a learning disability, their families and carers. We want a world where people with a learning disability are valued equally, listened to and included. We want everyone to have the opportunity to achieve the things they want from life. Social care in England is in crisis. There is not enough money to meet growing levels of demand and people are prevented from getting the care and support that they need by a complicated and outdated legal framework. In July 2012, the Government published a white paper outlining their plans to reform the system. Alongside this they published a report on progress made to reform the way social care is funded and a draft care and support bill. This briefing gives an overview of the draft bill, covering the issues which will impact provision for people with a learning disability. A separate briefing on the white paper and progress report is also available. Executive summary Social care is important for many people with a learning disability and their families, with around 142,500 people with a learning disability receiving one or more social care services in England, representing 25% of gross expenditure of social services by local authorities. Due to the growing demands on the system and the lack of funding, many people with a learning disability are excluded from receiving the services that they need as they fail to meet strict eligibility criteria. This is a real issue for many other older and disabled people, as well as carers. For many people who do meet the locally set eligibility criteria, they are seeing the level of support that they receive squeezed. A lack of funding is not the only reason behind the social care crisis. Existing social care law comes from dozens of pieces of legislation, making the system complex, confusing and in some places contradictory. Some of the legislation dates back to the period following the Second World War, when it was acceptable for people with a learning disability to be put in institutions. The draft bill is intended to modernise care and support law so that the system is built around people s needs and what they want to achieve in their lives. The draft bill includes the following key provisions: New rules for local authorities that promote the individual s well-being as the core of any care and support;
2 Duties on local authorities to provide information and advice, prevention services, and shape the market for care and support services. These will be supported by duties to promote co-operation and integration to improve the way organisations such as social services, housing, children s services, health and police work together; Clear legal entitlements to care and support, including giving carers a right to support for the first time to put them on the same footing as the people for whom they care; Law that more clearly states that everyone, including carers, should have a personal budget as part of their care and support plan, and that gives people the right to ask for this to be made as a direct payment; New duties to ensure that no-one s care and support is interrupted when they move home from one local authority area to another; and A new statutory framework for adult safeguarding, setting out responsibilities of local authorities and their partners, and creating Safeguarding Adult Boards in every area. What does Mencap think? Mencap believes that the Government has now set out a framework for reform which will have a positive impact on the lives of people with a learning disability and their families. Crucially, the white paper and draft bill will set a minimum standard of eligibility and improve assessments, which we hope will end the postcode lottery of services that many disabled people face today. However, neither the white paper nor funding report sets out how local authorities are going to deal with the lack of funding in the system. Mencap believes that the Government cannot delay any longer, and must now outline an urgent plan of how it intends to fund social care reform in the long term. The draft care and support bill 1. Well-being principle (Clause 1) The draft care and support bill introduces the well-being principle, which is designed to guide local authorities in the way they make decisions about people. This means that in every decision and service provided the well-being of the individual is the most important thing. The draft bill says that the following defines the well-being:
3 physical and mental health and emotional well-being; protection from abuse over day to day life (inc. over the care and support provided to the adult and the way in which it is provided); participation in work, education, training and recreation; social and economic well-being; domestic, family and personal relationships; adult s contribution to society. To put the well-being principle into practice, local authorities must: a) start with assumption that the adult is best placed to judge their own wellbeing; b) base decisions on the adult s views, wishes and feelings; c) take into account all of the adult s circumstances not just what is presented in front of them; d) involve the individual as much as possible; e) achieve a balance between the individual s well-being and that of family/ carers; f) protect the person from abuse and neglect; g) and ensure any restriction on the adult s rights/freedoms is kept to the minimum level necessary to meet their needs. 2. The role of local authorities in social care (clauses 2 7) This section of the draft bill looks at the role of local authorities in the practice of social care. The draft bill widens the role of local authorities from merely supporting those who have needs that meet eligibility criteria, to a role which is aimed at supporting the wider community as well. The draft bill suggests changes in the law to encourage the provision of universal services and services designed to reduce and prevent need. The rules in the draft say that local authorities must: provide information and advice services to help people understand how the care and support system works and what services they can access now and in the future; ensure that people can choose from a wide range of good quality services. People must have enough information to make an informed choice; cooperate with other local organisations, work to integrate services to promote well-being and improve quality and preferences including the work between officers in social care and housing; and, provide services or take steps that are aimed at preventing, delaying or reducing people s needs. 3. Assessments, eligibility and charging (clauses 8-16)
4 These clauses have been grouped together on the theme that this is the start of a person s journey through the care and support system. One of the core objectives of the bill is to provide clarity so people know what to expect from the system. Assessment Currently the assessment of need, often referred to as a community care assessment, is focused on what the individual needs to survive or the support they require to undertake daily tasks. The draft bill introduces a new way to assess individuals, which is designed to mould social care to support people to meet needs and desired outcomes. To do so, the assessment needs to both grasp what care and support the person needs to survive and what care and support is needed to achieve desired outcomes that the individual has. The draft bill says that a needs assessment (the name of an assessment in the draft bill) must assess the: outcomes that the adult wishes to achieve in day-to-day life, and; whether, or to what extent, the provision of care and support could contribute to the achievement of those outcomes. What services to assess for? The Government wants local authorities to have some freedoms in setting their own assessment systems, however the draft bill does set out some examples of what local authorities might do to meet care needs, in order to give an illustration of the range of options available. The example list given includes; a) accommodation in a care home or in premises of some other type; b) care and support at home or in the community; c) counselling, advocacy and other types of social work; d) goods and facilities; e) information and advice. The draft bill also sets out the 3 ways that services could be provided; 1) by local authorities arranging for a person other than it to provide the service; 2) by itself providing a service; 3) by making direct payments. Right to an assessment and duty to assess The draft bill sets out a single right to an assessment for adults and one for carers, based on having the appearance of need for care and support. This is similar to what is the case now, but sets out the right in clear language.
5 The local authority has a duty to carry out this assessment regardless of the authority s view on the adult s need for support or their financial resources. When assessing someone local authorities must consult the adult and any person whom the adult asks the authority to consult. Carer s assessment The draft bill defines a carer as an adult who provides or intends to provide care for another adult. An adult is not to be regarded as a carer if the adult provides the care under a contract or volunteers. Like with individuals, local authorities will have a clear duty to assess a carer if an assessment has been requested. The carer s assessment must assess whether the carer is able, and will continue to be able, to provide care for the adult needing care, and whether the carer is willing to do so. The local authority must also have regard to whether the carer works or is in education or wants to do so. Again the local authority must assess a carer regardless of the authority s view on the carer s need for support or their financial resources. Refusing an assessment The draft bill brings together existing law, whereby local authorities do not have to carry out an assessment if the individual refuses it. However, if the adult lacks capacity to refuse or the adult is experiencing or at the risk of abuse or neglect, the local authority must carry out an assessment. Assessment processes The draft bill says that the Government will be introducing regulations and guidance in the future, providing clarity about how assessments should be undertaken and the necessary skills of any assessor. Eligibility Criteria Currently rules around eligibility criteria are provided in statutory guidance. The draft bill places the eligibility framework in law for the first time, with the aim that this will make it clear as to what needs are eligible for state funded support. The draft bill says that where a local authority is satisfied that an adult needs care and support, following a needs assessment, it must; a) determine whether any of the needs meet the eligibility criteria, and b) if any of them do consider what could be done to meet those needs. Ending the post code lottery
6 The Government s white paper Caring for our Future: reforming care and support recognised the postcode lottery of eligibility in England and introduced a commitment to introducing a minimum level of eligibility that all local authorities must stick to. As this minimum level of eligibility has yet to be decided, the draft bill does not introduce this in the draft law. However it does give the Government the power to make this decision in the future. Charging As with eligibility, current rules for charging are set out in statutory guidance. The draft bill attempts to clarify the powers for charging for certain types of care and support, by simplifying current rules on charging and financial assessments, so that people understand what they have to pay for. Powers to charge As is the case now, local authorities will have the power to charge or not to charge for care and support. A charge can only cover actual cost and local authorities are not allowed to make a profit. Future regulations will be published which will state what services should be free and will specify an amount below which an adult s income must not fall after being charged. Financial assessments If a local authority wants to charge someone for the care and support that they receive, they must first assess the individual. This assessment will consider a person s financial resources and the amount they are likely to be able to pay. This is the same for carers and is referred to as a financial assessment. Clause 16 of the bill sets out rules for deferred payments, whereby a person can accrue costs and pay at a later date. Local authorities are allowed to charge interest for this. The white paper and progress report have made this available for anyone placed in a care home. 4. Who is entitled to care and support (clauses 17-22) This section sets out who is entitled to care and support, with the aim to make the system more consistent. Meeting assessed needs As is the case now, the draft bill again places a clear duty on local authorities to meet any eligible needs of an individual when that person is ordinarily resident in the area and there are no unpaid charges if the individual meets the financial assessment.
7 Powers to meet others assessed needs Alongside the duty to meet a person s needs as above, a local authority will also have a power to meet the needs of people who are not ordinarily resident. They also have a duty to meet the needs of an adult which appear to be urgent (regardless of whether they are ordinary resident, whether a needs assessment or financial assessment has been carried out, or whether they have gone through the eligibility process). Carers needs The draft bill introduces the first ever legal entitlement to public support for carers. Like with individuals, local authorities have a duty to meet the care and support needs of carers who meet eligibility, normally live in the area and are entitled to state funded support. This duty applies to all assessed eligible needs, even if meeting the carer s needs involves the provision of care and support to the adult needing care. However it must be feasible to provide this support, otherwise an alternative way to provide support can be used. Exemptions The draft bill sets out some exemptions whereby local authorities do not have to meet needs because this responsibility rests with another organisation or because a person is not legally entitled to support from the state. The exemptions given are for: persons subject to immigration control; needs met by health services these are needs which are legally provided for by the NHS (National Health Service Act 2006). Regulations to support the draft bill will have greater detail, however it is expected that this includes nursing care and people in hospital; needs met by provision of housing etc. Local authorities will not need to meet needs thatt are met by the Housing Act 1996 or other statutory regulations. The draft bill recognised that there may be some dispute as to what amounts to an exemption, therefore a dispute resolution process will be set out in future regulations. 5. Care plans, personal budgets and direct payments (clauses 23-30) The draft bill sets out clearly what must happen after a person has been assessed for care and support. This section of clauses includes rules around care plans, personal budgets and direct payments.
8 For all the rules in this section, the draft bill seeks to deal with people who do not meet eligibility criteria, as well as those who do. Where someone is found not to have eligible needs the local authority must give the adult; A written record of the needs assessment (or carer s assessment) A written record of a financial assessment (if this was completed) Advice and information about what can be done to meet the needs identified or to prevent or delay the development of needs in the future. For people who are eligible the local authority must; Prepare a care and support plan (or a support plan for a carer) Tell the adult which (if any) of the needs that it is going to meet could be covered by a direct payment Help the adult with deciding how to have their needs met. Care and support plans A care and support plan (or support plan for carers) is a document prepared by a local authority, which; a) specifies the needs identified by the needs assessment or carer s assessment; b) outlines what needs meet the eligibility criteria; c) says how the local authority will meet these needs; d) specifies which outcomes identified by the local authority will be achieved; e) includes the personal budget for the adult. The plan must go into detail about how assessed needs are to be met and the plans that have been put in place. When preparing the care and support plan, the local authority must (so far as it is reasonable to do so) consult with the individual about their plans, also with any carer that they have and with any other person whom the individual nominates. The local authority can choose to authorise a person (including the individual themselves) to jointly prepare the plan with the authority and the draft bill gives powers to local authorities to share vital information with the person to be able to do this. Where an adult has a carer who has also been assessed, the local authority may combine a care and support plan if both parties agree. Where some or all of the needs are to be met by making direct payments, the plan must also include details of which of the needs will be covered by the direct payment and how the direct will meet those needs. The plan should state clearly the amount and frequency of the direct payments.
9 The local authority must give a copy of the plan to the individual, any carer that the adult has and anyone who the individual permits to see it. Reviews of plans The draft bill states clearly that a local authority must keep plans under review. Local authorities have the power to revise plans but they must a) have regard to identified outcomes from the previous plan, and b) involve the individual, carer and other named people if feasible. Where a local authority is satisfied that circumstances for the individual have changed in a way that affects the plan, the local authority must carry out another needs assessment (and financial assessment where applicable). The duty to meet any eligible needs will continue. Person-centred planning The draft bill sets a clear direction about how local authorities should act when deciding how to meet a person s needs. It clearly says that person-centred care and support should be at the heart of the process. The draft bill announces an entitlement to a choice of accommodation when someone is placed in a care home, with clear rules on ability to make top-up payments for more expensive locations. There will be regulations in the future, which will set out details on how local authorities should act when someone has a preferred option of accommodation. Personal Budgets For the first time personal budgets will be in the law. A personal budget is a statement that gives an amount of money the local authority believes is the cost of meeting the assessed eligible needs. The statement also sets out how much the local authority will pay towards the total costs. The personal budget for an adult may also specify other amounts of public money that are available in the adult s case for spending on matters relating to housing, healthcare or welfare. Direct payments The draft bill sets out a right to request a direct payment of the personal budget to meet some or all of a person s needs in the care and support plan. Government policy is that in the future everyone should be given the opportunity to have their needs met using a direct payment. This will be dealt with in future regulations.
10 Local authorities must provide a direct payment to an adult who requests it if the following conditions have been meet: 1. the adult has capacity to request a direct payment and, where there is a nominated person, that person agrees to receive the payments 2. the adult or nominated person is not prohibited by regulations, which are to be created following the bill, from receiving direct payments 3. the local authority is satisfied that the adult or nominated person is capable of managing direct payments either by themselves or with whatever help the authority thinks the adult or nominated person will be able to access 4. the local authority is satisfied that making direct payments to the adult or nominated person is an appropriate way to meet the needs in question. Adults without capacity to request direct payments People without the capacity to request a direct payment are not necessarily excluded from receiving their care and support in the form of a direct payment. So long as they meet the following 5 conditions, people without capacity can receive their care and support in the form of a direct payment: 1. if someone is not authorised under the Mental Capacity Act 2005, there must be someone who is, who can support the request 2. the adult or nominated person is not prohibited by regulations from receiving a direct payment (as above) 3. the local authority is satisfied that the authorised person will act in the adult s best interests in arranging for the provision of the care and support which the direct payment would cover 4. if the local authority is satisfied that the authorised person is capable of managing direct payments, either by themselves or with whatever help the authority is satisfied they have access to 5. the local authority is satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question. 6. Ordinary Residence and portability (clauses 31-33) Current rules around ordinary residence and portability are unclear and complex, which has led to many disputes between local authorities, individuals and other agencies. At the moment people either feel they are unable to move to another area even if it s closer to family or support networks, because they can not guarantee the
11 same level of care - or people take the risk by moving and end up with waiting months before their care and support is resumed. The draft bill has been designed so that no-one's care and support should be interrupted if they choose to move home to another area. This section of the draft bill sets out a clear definition as to whom has 'ordinary residence' and what the duties on the local authority are. It also sets out what should happen when people move between areas and a resolution process if there are disputes. Moving between local authorities The draft bill sets out clearly the duties and powers that local authorities have when someone is moving into or leaving their local authority. These rules only apply where a local authority is providing care and support to meet a person's assessed needs, another local authority is notified by or on behalf of the adult that intends to move into the receiving authority's area, and the receiving authority is satisfied that the adult's intention is genuine. Furthermore the rules apply to local authorities who are providing care and support to an individual whose services are located in another local authority area, for example out of area care home placement and where a person is receiving a service in the local authority s area but is paid for by another local authority. The receiving authority The receiving authority must undertake the following when they are aware that someone wants to move to the area: 1. notify the sending authority that it is satisfied that the individual's intention is genuine; 2. provide information to the individual; 3. assess whether the adult has care and support needs, and identify what those needs are; and 4. where the adult is proposing to have a carer, the local authority is to assess whether the carer has or will have needs for support and identify what those needs may be. The sending authority If the sending authority is made aware by the individual or a person on their behalf that they intend to move, and has been told by the receiving authority that they are satisfied the notification is genuine, the sending authority must provide the receiving authority with a copy of any care and support plan prepared for the individual and a carer s plan (if applicable). Transition period
12 The draft bill sets out clear rules on what should happen when the person first moves to a new area, making sure their care and support are not interrupted. Where someone has moved to a new local authority area before the authority has had a chance to assess them or had time to make the arrangements, it must continue to meet the assessed needs identified by the sending authority. During this time the sending authority is not required by the law to meet the adult s needs. If the receiving authority has been arranging services due to this strict duty, but later it is clear that the person has not become ordinarily resident in the new authority, the receiving authority can recoup the costs from the sending authority. As with other areas of social care law, the draft bill gives the government power to create regulations, which will give detailed rules for local authorities to follow. The regulations will include a definition of what is a genuine request and how local authorities will notify each other. Ordinary residence Where an adult has needs for care and support which can be met only if the adult is living in accommodation of a particular type, the adult is to be treated as ordinarily resident if they fall under one of the following categories of people; a) the adult was ordinarily resident in the area immediately before the adult began to live in accommodation of that type, or b) the adult was of no settled residence immediately before the adult began to live in accommodation of that type, in the area in which the adult was present at that time. Regulations will follow the bill, which will provide a clear definition of determining who is ordinarily resident, and will specify what types of accommodation the law provides for. Disputes about ordinary residence and portability The draft bill seeks to update powers for the Government to resolve disputes between local authorities. It suggests that either the Secretary of State for Health, or a person who they appoint for this purpose, has the power to decide who has the duty. A review of each dispute is expected. Regulations will be created to make further provision for resolution including what should happen to the individual whilst dispute is live and what steps should be taken before it gets to the Secretary of State. 7. Safeguarding adults at risk of abuse or neglect (clauses 34-38) The draft bill sets out a statutory framework for adult safeguarding, which stipulates local authorities responsibilities and roles to protect adults at risk of abuse or neglect.
13 Safeguarding enquiries by Local Authorities The draft bill introduces a new duty on local authorities to act when there is reasonable cause to suspect that an adult in its area (whether they are ordinarily resident or not) is either; experiencing or is at risk of abuse or neglect, or as a result of their needs they are unable to protect themselves against abuse or neglect or the risk of it. The local authority must act by making whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult's case, and if so what and by whom. Abuse includes having money or other property stolen, being defrauded, being put under pressure in relation to money or other property, and having money or other property misused. Safeguarding Adults Boards (SABs) The draft bill places a legal requirement on all local authorities to establish a Safeguarding Adults Board to bring together local authorities, NHS and police to coordinate activity to protect adults from abuse and neglect. Further details of the SABs will be given in future regulations. Several local authorities can choose to combine with SABs. Safeguarding Adults Review The SABs must arrange for a Safeguarding Adults Review of any case where an adult has care and support needs and is suspected of experiencing abuse or neglect. They must also arrange for reviews if an adult dies or if there is reasonable cause for concern about how the SAB, a member of it or some other person involved in the case has acted. Each member of the SAB must cooperate in and contribute to the carrying out of the review. They should identify the lessons to be learnt from the adult s case and apply those lessons to future cases. Power to remove persons in need of care Under current legislation local authorities have a power to remove a person in need of care from their home (Section 47 National Assistance Act 1948). The draft bill proposed to end this power. Protecting property of adults being cared for away from home
14 The draft bill introduces duties on local authorities to take reasonable steps to prevent or mitigate the loss or damage of an individual's property for those who are provided accommodation for meeting needs or if they go to hospital. This includes making the arrangements for moving house. Local authorities will be able to claim back reasonable costs of doing so. 8. Transition (clauses 39-44) The draft bill introduces new provisions to support better transition from children to adult services. Assessment of a child's needs for care and support The draft bill gives local authorities new powers, so that they can assess young people, young carers and carers of children under adult statute in advance of their 18 th birthday to prepare for the transition to adult services. Young people will be able to request an assessment, which will look at what their needs are now and what they will be when they turn 18. As with adult assessments, the 'Child need's assessment' will have to be person centred where by the local authority must consult with the individual, their family and anyone the individual nominate. If the local authority does not accept this request, they must explain why in writing. When the 'child' turns 18 the local authority can decide whether or not to adopt the child's needs assessment or reassess. For all the children s assessments regulations will be provided. Needs of a child s carer The draft bill also introduces a new duty on local authorities to assess the adult carers of children to identify any support needs that could be met by adult services once the child reaches 18, and prepare for transition of the child. This assessment must include an assessment of: a) whether the carer is able to provide care for the child in need and will continue to be able to do so after the child becomes 18, and b) whether the carer is willing to do so after the child becomes 18. As with carer s assessments, the local authority must have regard to whether the carer works or wishes to do so and whether the carer is participating in or wishes to participate in education, training or recreation activities. The local authority can combine the child's assessment with a child's carers assessment.
15 Social services will have a power to provide support to meet the needs of carers of children so that support can be provided from adult's services in addition to that received by the family through children's services. Younger carers Where a local authority receives a request from a young carer or a young carer's parents to assess the young carer's needs for support they will have the power to do so. Transition process The draft bill introduces a new duty to ensure a continuity of care around transition so that if a young person is receiving a children s service on their 18 th birthday, but adult care and support is not ready to meet their needs, they must continue to receive the children s service until it is. In order for a child to be eligible for this, a request for a child s needs assessment should be made before the age of Enforcement of debts (clauses 45-46) The draft bill restates the existing powers for local authorities to recover debt incurred for the provision of services. The draft bill also places a power on local authorities to be able to claim costs from a third party if an individual who is in receipt of care transfers assets to enable them to receive state funded care and support. 10. Miscellaneous (clauses 47-53) Hospital discharges The draft bill re-enacts the provisions which focus local authority and NHS on hospital discharges and reducing delays. Aftercare under the Mental Health Act 1983 The draft bill makes a few small amendments to the provisions for people receiving after-care for certain mental disorders under the Mental Health Act, including identifying the ordinary residence rule. Registers of sight impaired adults The draft bill legally requires local authorities to hold registers of blind and partially sighted people who live in the area. However, there will not be a duty to hold a register
16 of people with a learning disability in the area. Instead the local authority only has a power to hold a record of people who are disabled. Statutory guidance and delegated functions The draft bill sets out a power for the Secretary of State to issue statutory guidance to help local authorities carry out their functions in the new statute. Local authorities currently use statutory guidance in following existing duties and powers. The draft bill introduces a new power for local authorities to delegate some of their functions to a third party although they would still be legally responsible for ensuring duties are fulfilled. 11. Part 2 - Health provisions As well as pulling together existing laws and policies on social care, the draft bill also covers a handful of provisions on healthcare. These are provisions which were highlighted during the passage of the Health and Social Care Bill, where the Government confirmed that it intended to establish the Health Education England and the Health Research Authority for pre-legislative scrutiny. Whilst most of the provisions in the bill apply to England only, some of the health provisions relating to health research and the abolition of the HFTA and HTA extend to England and Wales, Scotland and Northern Ireland. The draft bill proposes that the following bodies be created; Health Education England, which would have the day-to-day responsibility for and strategy of the education and training for health and public health workers. Health Research Authority, which will be an independent body designed to regulate health research and deal with the current complex regulatory system. The draft bill also proposes to abolish the Human Fertilisation and Embryology Authority (HFEA) and the Human Tissue Authority (HTA). What happens next? The Government has stated that they want to get it right, therefore they want to give as much opportunity to those affected by care and support and other experts to share their views. Over the next few months the Department of Health is consulting on the draft bill, which closes in October There are some areas in the draft bill that the Government wants to hold a specific consultation on in order to get people s expert views, for example on safeguarding rules.
17 Parliament The draft bill has been made available for pre-legislative scrutiny in Parliament. This means that a group of MPs and Peers will be pulled together in a committee. This committee will run their own inquiries and consultations on the contents of the bill, in order to make recommendations on what changes the Government should make. It is expected that this work will begin in autumn Unlike a bill, parliament will not be able to vote on changes, they can simply suggest changes to the Government. However, when the process of the draft bill is completed, the Government will decide how to improve the draft bill and will submit a formal bill. It is then that MPs and Peers will be able to table amendments and vote on changes. It is only when it has gone through this stage that the Bill becomes the law. Regulations and statutory guidance Current social care law covers the top level duties and powers of local authorities. Local authorities then look to regulations and guidance from the Government for the detail of the laws so that they interpret the law correctly. For example, local authorities have to follow the rules of Fairer Charging Guidance when deciding who they will charge. This will continue in the draft bill. The Department of Health, who designs the regulations and guidance, will have to rewrite all of the existing regulations and guidance as to fit in with the proposed changes. They will be holding public consultations on these throughout the legal reforms. Mencap will promote all consultation documents to encourage as many people as possible to share their views. Timing No official timeline has been provided for the draft bill. However it is expected that following the draft bill and a later published bill that legal changes will not be implemented before 2014.
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