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| | | ‘( ) | Health special administration regulations may in particular make provision about |
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| | | the publication and maintenance by Monitor of a list of relevant providers.’. |
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| | Page 135, line 33 [Clause 133], at end insert— |
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| | | ‘( ) | Health special administration regulations may in particular— |
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| | | (a) | require Monitor to publish guidance for commissioners about the |
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| | | application of the criteria referred to in section 132(1)(a); |
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| | | (b) | confer power on Monitor to revise guidance published by virtue of |
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| | | paragraph (a) and require it to publish guidance so revised; |
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| | | (c) | require Monitor, before publishing guidance by virtue of paragraph (a) or |
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| | | (b), to obtain the approval of the Secretary of State and the National |
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| | | Health Service Commissioning Board; |
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| | | (d) | require commissioners, when applying the criteria referred to in section |
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| | | 132(1)(a), to have regard to such matters as Monitor may specify in |
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| | | guidance published by virtue of paragraph (a); |
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| | | (e) | require the National Health Service Commissioning Board to make |
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| | | arrangements for facilitating agreement between commissioners in their |
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| | | exercise of their function under section 132(1)(a); |
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| | | (f) | confer power on the Board, where commissioners fail to reach agreement |
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| | | in pursuance of arrangements made by virtue of paragraph (e), to exercise |
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| | | their function under section 132(1)(a); |
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| | | (g) | provide that, in consequence of the exercise of the power conferred by |
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| | | virtue of paragraph (f), the function under section 132(1)(a), so far as |
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| | | applying to the commissioners concerned, is to be regarded as |
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| | | |
| | | (h) | require a health special administrator to carry out in accordance with the |
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| | | regulations consultation on the action which the administrator |
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| | | recommends should be taken in relation to the provider concerned.’. |
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| | |
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| | Page 135, line 42 [Clause 133], leave out paragraph (c). |
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| | Page 136, line 5 [Clause 133], at end insert— |
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| | | ‘( ) | the power to make rules in relation to Scotland is exercisable by the |
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| | | |
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| | Page 136, line 19 [Clause 134], leave out ‘licence holder’ and insert ‘person’. |
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| | |
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| | Page 136, line 21 [Clause 134], at end insert ‘, and |
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| | | ( ) | for modifications made to a transfer scheme by virtue of paragraph (b) to |
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| | | have effect from such time as Monitor may specify (which may be a time |
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| | | before the modifications were made).’. |
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| | Page 136, line 23 [Clause 134], at end insert— |
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| | | ‘(za) | for the transfer of rights and liabilities under or in connection with a |
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| | | contract of employment from a company subject to a health special |
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| | | administration order to another person,’. |
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| | |
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| | Page 136, line 24 [Clause 134], leave out ‘rights and liabilities’ and insert ‘or rights |
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| | and liabilities other than those mentioned in paragraph (za)’. |
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| | |
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| | Page 136, line 24 [Clause 134], leave out ‘an NHS foundation trust or’ and insert |
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| | |
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| | Page 136, line 26 [Clause 134], leave out ‘licence holder’ and insert ‘person’. |
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| | |
| | | |
| | Page 136, line 26 [Clause 134], leave out ‘(including’ and insert— |
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| | | ‘( ) | for the transfer of’. |
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| | |
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| | Page 137, line 10 [Clause 137], after ‘to’, insert ‘— |
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| | Page 137, line 11 [Clause 137], at end insert ‘, or |
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| | | (b) | an order under section 65D(2) of the National Health Service Act 2006 |
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| | | (trust special administration for NHS foundation trusts).’. |
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| | |
| | | |
| | Page 137, line 16 [Clause 137], after ‘135’, insert ‘or under section 65D(11) of the |
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| | National Health Service Act 2006’. |
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| | |
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| | Page 137, line 27 [Clause 137], leave out subsection (6). |
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| | Page 138, line 16 [Clause 139], leave out ‘health’. |
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| | Page 138, line 17 [Clause 139], leave out ‘health’. |
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| | Page 138, line 27 [Clause 139], leave out ‘health’. |
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| | |
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| | Page 138, line 32 [Clause 139], leave out ‘health’. |
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| | |
| | | |
| | Page 139, line 5 [Clause 139], leave out from ‘Chapter’ to end of line 6 and insert |
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| | |
| | | (a) | “special administrator” means— |
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| | | (i) | a person appointed as a health special administrator under |
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| | | |
| | | (ii) | a person appointed as a trust special administrator under section |
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| | | 65D(2) of the National Health Service Act 2006, and |
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| | | (b) | references to being in special administration are to be construed |
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| | | |
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| | Page 139, line 11 [Clause 140], leave out ‘designated services’ and insert ‘one or |
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| | more of the health care services that it provides for the purposes of the NHS’. |
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| | |
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| | Page 139, line 17 [Clause 140], leave out ‘health’. |
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| | |
| | | |
| | Page 139, line 32 [Clause 141], leave out ‘designated services’ and insert ‘health |
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| | care services for the purposes of the NHS’. |
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| | |
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| | Page 143, line 19 [Clause 146], leave out ‘health’. |
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| | |
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| | Page 144, line 12 [Clause 147], after ‘6,’ insert— |
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| | | ‘( ) | the procedure for trust special administration for NHS foundation trusts |
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| | | under Chapter 5A of Part 2 of the National Health Service Act 2006,’. |
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| | |
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| | Page 147 [Clause 153], leave out line 34. |
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| | Page 156, line 39 [Clause 166], leave out subsections (1) and (2). |
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| | Page 157 [Clause 166], leave out lines 7 to 11 and insert— |
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| | | ‘(6) | In relation to each exercise of the power under that subsection during the |
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| | | year to which the report relates, the report must specify the amount of the |
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| | | loan, issue of public dividend capital, grant or other payment and— |
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| | | (a) | in the case of a loan, the amount (if any) outstanding at the end |
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| | | of the year and the other terms on which the loan was made, |
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| | | (b) | in the case of an issue of public dividend capital, the terms on |
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| | | which it was issued (or, where a decision under section 42(3) is |
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| | | made in relation to it during that year, the terms so decided as |
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| | | those on which it is treated as having been issued), and |
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| | | (c) | in the case of a grant or other payment, the terms on which it was |
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| | | |
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| | | |
| | Page 157, line 17 [Clause 166], at end insert— |
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| | | ‘(7A) | A report under subsection (5) must, in relation to each NHS foundation |
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| | | |
| | | (a) | the amount of the public dividend capital of that trust at the end |
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| | | of the year to which the report relates, and |
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| | | (b) | the conditions on which it is held.’. |
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| | |
| | | |
| | Page 157, line 21 [Clause 166], leave out paragraph (a). |
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| | |
| | | |
| | Page 160, line 24 [Clause 171], after ‘(1)’, insert ‘— |
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| | | (a) | in paragraph (b), after “NHS trust” insert “established under section 25”, |
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| | Page 161, line 8 [Clause 172], after second ‘trust’, insert ‘established under section |
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| | |
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| | Page 163, line 12 [Clause 175], at end insert— |
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| | | ‘( ) | In section 271(3)(b) of that Act (territorial limit of exercise of functions under |
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| | | Chapter 5), for “Part 1” substitute “Part 2”.’. |
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| | Page 163, line 17 [Clause 176], leave out subsection (2) and insert— |
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| | | ‘(2) | Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements |
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| | | and dissolution); and in consequence of that— |
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| | | (a) | in section 57 of that Act (as amended by section 175 of this Act)— |
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| | | (i) | in subsection (3)(a), for “the persons mentioned in section 54(4)” |
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| | | substitute “another NHS foundation trust, an NHS trust |
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| | | established under section 25 or the Secretary of State”, |
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| | | (ii) | omit subsection (3)(b), and |
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| | | (iii) | in subsection (4), for “any of the bodies mentioned in section |
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| | | 54(4)(a) or (c)” substitute “another NHS foundation trust or an |
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| | | NHS trust established under section 25”, |
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| | | (b) | in section 64(4) of that Act (as amended by section 175 of this Act), omit |
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| | | paragraph (b) (but not the following “or”), and |
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| | | (c) | omit section 18(2) to (6) and (11) of the Health Act 2009.’. |
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| | |
| | | |
| | Page 163, line 39 [Clause 177], at end insert— |
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| | | ‘(1A) | For the title to section 65B of that Act substitute “NHS trusts: appointment of |
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| | | trust special administrator”. |
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| | |
| | | |
| | Page 164, line 6 [Clause 177], after ‘trust.’, insert— |
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| | | ‘(3) | As soon as reasonably practicable after the making of an order under |
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| | | subsection (2), the Care Quality Commission must provide to the |
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| | | regulator a report on the safety and quality of the services that the trust |
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| | | provides under this Act.’. |
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| | |
| | | |
| | Page 164, line 12 [Clause 177], leave out ‘(but not the “and” following it)’. |
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| | |
| | | |
| | Page 164, line 12 [Clause 177], at end insert— |
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| | | ‘( ) | in paragraph (c), omit “goods or”’. |
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| | |
| | | |
| | Page 164, line 12 [Clause 177], at end insert ‘, and |
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| | | ( ) | after paragraph (c) insert “, and |
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| | | (d) | the Care Quality Commission.”’. |
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| | |
| | | |
| | Page 164, line 26 [Clause 177], at end insert— |
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| | | ‘(8A) | A person appointed as a trust special administrator under this section |
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| | | must manage the trust’s affairs, business and property, and exercise the |
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| |
| | |
| | |
| |
| | | trust special administrator’s functions, so as to achieve the objective set |
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| | | out in section 65DA as quickly and as efficiently as is reasonably |
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| | | |
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| | | |
| | Page 164, line 34 [Clause 177], leave out ‘The Secretary of State’ and insert ‘The |
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| | |
| | |
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| | Page 164, line 35 [Clause 177], leave out ‘the Secretary of State’ and insert ‘the |
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| | |
| | |
| | | |
| | Page 164, line 42 [Clause 178], leave out from ‘(2)’ to end of line 43 and insert ‘— |
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| | | (a) | before paragraph (a) insert— |
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| | | |
| | | (b) | omit paragraph (a) (but not the following “and”).’. |
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| | |
| | | |
| | Page 165, line 4 [Clause 178], after ‘regulator.’, insert— |
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| | | ‘(5) | In the case of an NHS foundation trust, the administrator may not provide |
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| | | the draft report to the regulator under subsection (1)— |
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| | | (a) | without having obtained from each commissioner a statement |
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| | | that the commissioner considers that the recommendation in the |
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| | | draft report would achieve the objective set out in section 65DA, |
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| | | |
| | | (b) | where the administrator does not obtain a statement to that effect |
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| | | from one or more commissioners (other than the Board), without |
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| | | having obtained a statement to that effect from the Board. |
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| | | (6) | Where the Board decides not to provide to the administrator a statement |
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| | | to that effect, the Board must— |
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| | | (a) | give a notice of the reasons for its decision to the administrator |
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| | | |
| | | |
| | | (c) | lay a copy of it before Parliament. |
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| | | (7) | In subsection (5), “commissioner” means a person to which the trust |
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| | | provides services under this Act.’. |
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| | |
| | | |
| | Page 165, line 4 [Clause 178], at end insert— |
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| | | ‘( ) | At the end of section 65G of that Act (consultation plan) insert— |
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| | | “(4) | In the case of an NHS foundation trust, the administrator may not make |
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| | | a variation to the draft report following the consultation period— |
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| | | (a) | without having obtained from each commissioner a statement |
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| | | that the commissioner considers that the recommendation in the |
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| |
| | |
| | |
| |
| | | draft report as so varied would achieve the objective set out in |
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| | | |
| | | (b) | where the administrator does not obtain a statement to that effect |
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| | | from one or more commissioners (other than the Board), without |
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| | | having obtained a statement to that effect from the Board. |
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| | | (5) | Where the Board decides not to provide to the administrator a statement |
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| | | to that effect, the Board must— |
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| | | (a) | give a notice of the reasons for its decision to the administrator |
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| | | |
| | | |
| | | (c) | lay a copy of it before Parliament. |
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| | | (6) | In subsection (4), “commissioner” means a person to which the trust |
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| | | provides services under this Act.”’. |
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| | |
| | | |
| | Page 165, line 5 [Clause 178], leave out from ‘(7)’ to end of line 7 and insert ‘— |
|
| | | (a) | before paragraph (a) insert— |
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| | | |
| | | |
| | | (c) | in paragraph (b), omit “, if required by directions given by the Secretary |
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| | | |
| | | (d) | after paragraph (c) insert “; |
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| | | (d) | any other person specified in a direction given by the |
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| | | |
| | |
| | | |
| | Page 165, line 8 [Clause 178], leave out from ‘section,’ to end of line 10 and insert |
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| | ‘omit paragraphs (a) to (d)’. |
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| | |
| | | |
| | Page 165, line 10 [Clause 178], at end insert— |
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| | | ‘( ) | In subsection (9) of that section— |
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| | | (a) | after “representatives of” insert “the Board and”, and |
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| | | (b) | for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.’. |
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| | |
| | | |
| | Page 165, line 13 [Clause 178], after ‘trust’, insert ‘— |
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| | | (a) | in subsection (7)(b), the words “goods or” are to be ignored, and |
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| | | (b) | in subsections (7)(d) and (10),’. |
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| | |
| | | |
| | Page 165, line 14 [Clause 178], after ‘regulator.’, insert— |
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| | | ‘(13) | In the case of an NHS foundation trust, the Secretary of State may direct |
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| | | the regulator as to persons from whom it should direct the administrator |
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| | | under subsection (10) to request or seek a response.’. |
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