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| | Commencement: consultation with Scottish Ministers |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must consult the Scottish Ministers before making an order |
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| | under section 304(4) relating to— |
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| | (a) | section 54 (radiation protection functions), so far as relating to the |
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| | (b) | section 56 (co-operation in relation to public health functions), so far as |
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| | relating to the exercise of functions in relation to Scotland by a person to |
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| | which the provision inserted by subsection (1) of that section applies, |
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| | (c) | section 226(4) (requirement for persons advised etc. by the Professional |
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| | Standards Authority for Health and Social Care to pay fee), so far as |
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| | relating to the Scottish Ministers, |
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| | (d) | section 227(1) (funding of the Professional Standards Authority for |
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| | Health and Social Care), so far as relating to a body that regulates a |
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| | profession in Scotland which does not fall within Section G2 of Part 2 of |
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| | Schedule 5 to the Scotland Act 1998 (health professions), |
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| | (e) | section 227(4) and (5) (power of the Professional Standards Authority for |
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| | Health and Social Care to borrow), so far as relating to functions of the |
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| | Professional Standards Authority for Health and Social Care which are |
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| | exercisable in relation to— |
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| | (i) | unregulated health professionals in Scotland, unregulated health |
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| | care workers in Scotland or relevant students in Scotland, |
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| | (ii) | a body that maintains a register of persons within sub- |
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| | (iii) | a profession in Scotland which does not fall within Section G2 of |
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| | Part 2 of Schedule 5 to the Scotland Act 1998, or |
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| | (iv) | a body that regulates a profession within sub-paragraph (iii), |
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| | (f) | section 228(1) (power of the Professional Standards Authority for Health |
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| | and Social Care to advise regulatory bodies etc.), so far as relating to a |
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| | body that regulates a profession in Scotland which does not fall within |
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| | Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, |
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| | health professions and auditors), |
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| | (g) | section 229(8) (requirement for the Professional Standards Authority for |
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| | Health and Social Care to lay copy strategic reports before Parliament |
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| | etc.), so far as relating to the Scottish Parliament, |
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| | (h) | section 230 (appointments to regulatory bodies), so far as relating to— |
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| | (i) | the exercise of the appointment functions under subsection (8)(f) |
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| | of the provision inserted by that section, or |
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| | (ii) | subsection (4) of that provision, |
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| | (i) | section 231 (establishment of voluntary registers), so far as relating to the |
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| | establishment and maintenance of relevant registers, |
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| | (j) | section 232 (accreditation of voluntary registers), so far as relating to the |
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| | functions of the Professional Standards Authority for Health and Social |
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| | Care in relation to relevant registers, |
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| | (k) | Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care |
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| | Professions Council or the Professional Standards Authority for Health |
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| | and Social Care) and section 233(1) so far as relating to the Part in |
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| | (l) | paragraphs 1 to 4 of Schedule 22 (amendments of the National Health |
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| | Service (Scotland) Act 1978 relating to the relationships between the |
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| | health services) and section 296 so far as relating to those paragraphs. |
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| | “relevant registers” means— |
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| | (a) | registers of unregulated health professionals in Scotland, |
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| | (b) | registers of unregulated health care workers in Scotland, or |
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| | (c) | registers of relevant students in Scotland, |
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| | “relevant students in Scotland” means persons participating in studies in |
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| | Scotland for the purpose of becoming— |
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| | (d) | an unregulated health professional, |
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| | (e) | an unregulated health care worker, or |
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| | (f) | a member of a profession which does not fall within Section G2 |
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| | of Part 2 of Schedule 5 to the Scotland Act 1998, |
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| | “unregulated health professional” means a person who is or has been |
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| | practising as an unregulated health professional (within the meaning of |
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| | the provisions inserted by section 231) and “unregulated health |
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| | professional in Scotland” means a person who is or has been practising |
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| | “unregulated health care worker” means a person who is or has been |
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| | engaged in work as an unregulated health care worker (within the |
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| | meaning of those provisions) and “unregulated health care worker in |
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| | Scotland” means a person who is or has been engaged in such work in |
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| Page 9, line 12 [Clause 14], leave out subsection (7). |
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| Page 11, line 24 [Clause 15], at end insert— |
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| | ‘( ) | Where regulations under subsection (1) require a local authority to exercise any |
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| | of the public health functions of the Secretary of State, the regulations may also |
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| | authorise or require the local authority to exercise any prescribed functions of the |
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| | Secretary of State that are exercisable in connection with those functions |
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| | (including the powers conferred by section 12).’. |
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| Page 11, line 27 [Clause 15], at end insert— |
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| | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | of the exercise by a local authority of any of its functions under regulations under |
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| | subsection (1) are enforceable by or against the local authority (and no other |
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| Page 12, line 6 [Clause 16], at end insert— |
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| | ‘( ) | The making of regulations under subsection (1) does not prevent the Secretary of |
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| | State from exercising the specified EU health function.’. |
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| Page 12, line 6 [Clause 16], at end insert— |
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| | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | of the exercise by the Board or a clinical commissioning group of any of its |
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| | functions under regulations under subsection (1) are enforceable by or against the |
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| | Board or (as the case may be) the group (and no other person).’. |
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| Page 14, line 37 [Clause 19], at end insert— |
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| | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | of the exercise by a body mentioned in subsection (2) of any function exercisable |
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| | by it by virtue of this section are enforceable by or against that body (and no other |
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| Page 16 [Clause 20], leave out lines 28 and 29. |
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| Page 17 [Clause 20], leave out lines 27 and 28. |
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| Page 17 [Clause 20], leave out lines 33 and 34. |
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| Page 17 [Clause 20], leave out lines 39 and 40. |
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| Page 18 [Clause 20], leave out lines 14 and 15. |
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| Page 18 [Clause 20], leave out lines 42 to 44 and insert— |
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| | ‘(3) | The Board must encourage clinical commissioning groups to enter into |
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| | arrangements with local authorities in pursuance of regulations under |
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| | section 75 where it considers that this would secure— |
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| | (a) | that health services are provided in an integrated way and that |
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| | this would have any of the effects mentioned in subsection (1)(a) |
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| | (b) | that the provision of health services is integrated with the |
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| | provision of health-related services or social care services and |
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| | that this would have any of the effects mentioned in subsection |
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| Page 19 [Clause 20], leave out lines 1 and 2. |
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| Page 19 [Clause 20], leave out lines 19 and 20. |
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| Page 19, line 32 [Clause 20], at end insert ‘in the exercise of its functions’. |
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| Page 20 [Clause 20], leave out lines 3 and 4. |
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| Page 24, line 20 [Clause 20], at end insert— |
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| | ‘“health services” means services provided as part of the health service and, |
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| | in sections 13N and 13P, also includes services that are to be provided as |
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| | part of the health service’. |
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| Page 24, line 20 [Clause 20], at end insert— |
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| | ‘(2) | Any reference (however expressed) in the following provisions of this Act to the |
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| | functions of the Board includes a reference to the functions of the Secretary of |
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| | State that are exercisable by the Board by virtue of arrangements under section |
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| | (a) | section 6E(7) and (10)(b), |
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| | (m) | section 13M(1) and (2), |
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| | (q) | section 13T(1) and (4), |
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| | (w) | section 75(1)(a) and (2), |
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| | (z) | in Schedule A1, paragraph 13. |
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| | (3) | Any reference (however expressed) in the following provisions of other Acts to |
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| | the functions of the Board includes a reference to the functions of the Secretary |
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| | of State that are exercisable by the Board by virtue of arrangements under section |
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| | (a) | sections 116 to 116B of the Local Government and Public Involvement |
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| | in Health Act 2007 (joint strategic needs assessments etc.), |
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| | (b) | section 200(6) of the Health and Social Care Act 2011 (participation of |
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| | the Board in work of Health and Wellbeing Boards), |
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| | (c) | section 202(4) of that Act (supply of information to Health and |
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| | (d) | section 289(1) and (2) of that Act (duties to co-operate), |
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| | (e) | section 290(2)(d) of that Act (breaches of duties to co-operate). |
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| | (4) | The Secretary of State may by order amend the list of provisions specified in |
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| | subsection (2) or (3).”’. |
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| Page 24, line 38 [Clause 21], after ‘change,’, insert— |
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| | ‘( ) | a parliamentary general election takes place,’. |
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| Page 26, line 13 [Clause 21], after ‘change,’, insert— |
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| | ‘( ) | a parliamentary general election takes place,’. |
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| Page 27, line 31 [Clause 22], leave out ‘of services’. |
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| Page 32, line 3 [Clause 22], leave out ‘and’ and insert— |
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| | ‘( ) | the function of determining the allowances payable under a pension |
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| | scheme established under paragraph 10(4) of Schedule 1A, and’. |
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| Page 32 [Clause 22], leave out lines 13 and 14. |
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| Page 34 [Clause 23], leave out lines 14 and 15. |
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| Page 35 [Clause 23], leave out lines 8 and 9. |
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| Page 35 [Clause 23], leave out line 19. |
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| Page 35 [Clause 23], leave out line 24. |
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| Page 35 [Clause 23], leave out lines 39 and 40. |
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| Page 36 [Clause 23], leave out lines 28 and 29. |
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| Page 36, line 41 [Clause 23], after ‘consortium’, insert ‘in the exercise of its |
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| Page 37 [Clause 23], leave out lines 21 and 22. |
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| Page 47, line 14 [Clause 23], at end insert— |
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| | ‘“health services” means services provided as part of the health service and, |
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| | in section 14Z, also includes services that are to be provided as part of the |
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| Page 47, line 14 [Clause 23], at end insert— |
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| | ‘(2) | Any reference (however expressed) in the following provisions of this Act to the |
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| | functions of a clinical commissioning group includes a reference to the functions |
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| | of the Secretary of State that are exercisable by the group by virtue of |
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| | arrangements under section 7A— |
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| | (a) | section 6E(7) and (10)(b), |
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| | (k) | section 14Y(1) and (2), |
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| | (t) | sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3), |
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| | (w) | section 75(1)(a) and (2), |
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| | (ad) | in Schedule 1A, paragraphs 3(1) and (3), 5, 11(6)(b) and 13(3). |
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| | (3) | Any reference (however expressed) in the following provisions of other Acts to |
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| | the functions of a clinical commissioning group includes a reference to the |
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| | functions of the Secretary of State that are exercisable by the group by virtue of |
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| | arrangements under section 7A— |
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| | (a) | sections 116 to 116B of the Local Government and Public Involvement |
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| | in Health Act 2007 (joint strategic needs assessments etc.), |
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| | (b) | section 202(4) of the Health and Social Care Act 2011 (supply of |
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| | information to Health and Wellbeing Boards), |
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| | (c) | section 290(2)(d) of that Act (breaches of duties to co-operate). |
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| | (d) | in Schedule 6 to that Act, paragraph 5(4). |
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| | (4) | The Secretary of State may by order amend the list of provisions specified in |
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| | subsection (2) or (3).”’. |
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| Page 50, line 32 [Clause 24], leave out ‘or 12’. |
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| Page 73, line 31 [Clause 42], at end insert— |
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| | ‘(7A) | Where the Board makes arrangements with another body or person under |
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| | subsection (7) it may also arrange for that other body or person to exercise any |
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| | functions that the Board has, by virtue of being a Category 1 responder, under |
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| | Part 1 of the Civil Contingencies Act 2004.’. |
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| Page 74, line 8 [Clause 42], leave out from ‘made’ to end of line 9 and insert ‘by |
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