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| | | “(2A) | It must include guidance about the publication of— |
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| | | (a) | notices under section 65KC(4)(a); |
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| | | (b) | statements under section 65KC(4)(b).”’. |
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| | Page 166, line 38 [Clause 180], leave out ‘65K or 65L’ and insert ‘65L or 65LA’. |
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| | Page 166, line 40 [Clause 180], at end insert— |
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| | | ‘(ia) | a copy of any notice published under section 65F, 65H, 65J, |
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| | Page 166 [Clause 180], leave out line 42. |
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| | Page 167, line 15 [Clause 180], leave out ‘65K(4)’ and insert ‘65(KC)(3)’. |
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| | Page 167, line 15 [Clause 180], before ‘and’, insert— |
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| | | ‘( ) | after “65L(2) or (4)” insert “65LA(3)”,’. |
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| | Page 167, line 21 [Clause 180], leave out ‘65K’ and insert ‘65LA’. |
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| | Page 167, line 23 [Clause 180], at end insert— |
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| | | ‘(ia) | a copy of any notice published under section 65F, 65H, 65J, |
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| | Page 167 [Clause 180], leave out line 25. |
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| | Page 167, line 31, leave out Clause 181. |
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| | Page 168, line 31 [Clause 182], leave out paragraphs (b) and (c). |
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| | Page 169, line 2 [Clause 183], after ‘liabilities)’ insert ‘; in consequence of that, |
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| | omit section 95 of this Act (licences to provide health care services: NHS foundation |
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| | Page 169, line 10 [Clause 183], after ‘Act’ insert ‘, and section 95(1) and (2) of this |
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| | Page 169, line 28 [Clause 184], leave out ‘or assistance’ and insert ‘, information |
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| | Page 171, line 12 [Clause 184], after ‘(1)(b)’ insert ‘or (3)’. |
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| | Page 172, line 30 [Clause 185], at end insert— |
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| | | ‘( ) | In section 229 (sections 221 to 228: interpretation and supplementary)— |
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| | | (a) | in the title and in subsection (1), for “221” substitute “220A”, and |
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| | | (b) | in subsection (2), after “228” insert “or Schedule 16A”.’. |
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| | Page 172, line 40 [Clause 185], at end insert— |
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| | | ‘( ) | In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local |
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| | | government), after paragraph 35C insert— |
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| | | “35D | A Local Healthwatch organisation.”’. |
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| | Page 175, line 4 [Clause 188], at end insert ‘in relation to its area’. |
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| | Page 175, line 22 [Clause 188], after ‘services’ insert ‘in relation to its area’. |
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| | Page 176, line 4 [Clause 188], at end insert— |
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| | | ‘(9A) | The Secretary of State may give directions to a local authority about the exercise |
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| | | of its functions under this section. |
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| | | (9B) | A direction under subsection (9A) may be varied or revoked.’. |
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| | Page 176, line 42 [Clause 189], after second ‘organisation’ insert ‘— |
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| | Page 176, line 44 [Clause 189], after ‘221(2)’ insert ‘, or |
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| | | (b) | for the purposes of subsection (1)(a) only, in the discharge of its duty |
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| | | under paragraph 6(5) of Schedule 16A.’. |
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| | Page 176, line 45 [Clause 189], leave out subsection (4) and insert— |
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| | | ‘(4) | In the title to that section, for “local involvement networks” substitute “Local |
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| | | Healthwatch organisations”.’. |
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| | Page 180, line 16 [Clause 193], leave out ‘NHS providers’ and insert ‘health |
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| | Page 180, line 18 [Clause 193], leave out ‘NHS provider’ and insert ‘health service |
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| | Page 180, line 21 [Clause 193], leave out ‘NHS provider’ and insert ‘health service |
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| | Page 180, line 22 [Clause 193], leave out ‘NHS provider’ and insert ‘health service |
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| | Page 180, line 25 [Clause 193], leave out ‘NHS providers’ and insert ‘health |
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| | Page 181, line 12 [Clause 193], at end insert— |
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| | | ‘( ) | Any functions conferred on a local authority by regulations under this section are |
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| | | not to be the responsibility of an executive of the authority under executive |
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| | | arrangements (within the meaning of Part 1A of the Local Government Act |
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| | Page 181, line 18 [Clause 193], after ‘body”’, insert ‘, in relation to an authority to |
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| | which this section applies,’. |
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| | Page 181, line 21 [Clause 193], leave out ‘NHS provider”’ and insert ‘health |
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| | service provider”, in relation to an authority to which this section applies,’. |
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| | |
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| | Page 181, line 21 [Clause 193], leave out from ‘which’ to ‘is’ in line 23 and insert |
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| | | (a) | provides services in pursuance of arrangements made— |
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| | | (i) | by the Board or a clinical commissioning group under section 3, |
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| | | 3A, 3B or 4 or Schedule 1, |
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| | | (ii) | by a local authority for the purpose of the exercise of its |
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| | | functions under or by virtue of section 2B or 6C(1) or Schedule |
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| | | |
| | | (iii) | by the Board, a clinical commissioning group or a local authority |
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| | | by virtue of section 7A, and |
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| | Page 181 [Clause 193], leave out lines 27 to 31 and insert— |
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| | | ‘“(3A) | In subsection (2)(f) “member”— |
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| | | (a) | in relation to a clinical commissioning group, includes a person who is |
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| | | not a member of the group but is a member of a committee or sub- |
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| | | |
| | | (b) | in relation to a relevant health service provider which is a body corporate, |
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| | | includes a person who is not a member of the body but is a director of it; |
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| | | (c) | in relation to an NHS trust, means a director of the trust; |
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| | | (d) | in relation to an NHS foundation trust, means a director or governor of |
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| | | |
| | | (3B) | For the purposes of subsection (2)(f)— |
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| | | (a) | a member of a body which is a member of a clinical commissioning |
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| | | group or relevant health service provider is to be treated as a member of |
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| | | the group or (as the case may be) relevant health service provider, and |
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| | | (b) | an employee of a body which is a member of a clinical commissioning |
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| | | group or relevant health service provider is to be treated as an employee |
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| | | of the group or (as the case may be) relevant health service provider.”’. |
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| | Page 212, line 21 [Clause 226], at end insert— |
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| | | ‘( ) | In subsection (3) of that section, after “this section” insert “— |
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| | | “health care profession” means a profession (whether or not regulated by or |
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| | | by virtue of any enactment) which is concerned (wholly or partly) with |
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| | | the physical or mental health of individuals; and”.’. |
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| | Page 212, line 24 [Clause 226], at end insert— |
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| | | ‘( ) | In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) |
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| | | and (13), for “Secretary of State” substitute “Privy Council”. |
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| | | ( ) | In subsection (7) of that section— |
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| | | (a) | for “Secretary of State” substitute “Privy Council”, and |
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| | | (b) | in paragraph (a), omit “he or”.’. |
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| | Page 212, line 30 [Clause 226], at end insert— |
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| | | ‘(7A) | In section 38 of that Act (regulations and orders), in subsection (2), omit “27”. |
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| | | (7B) | In subsection (3) of that section, for “the Secretary of State” substitute “the Privy |
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| | | |
| | | (7C) | After subsection (3D) of that section (inserted by section 227(3)) insert— |
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| | | “(3E) | A statutory instrument containing regulations made by the Privy Council |
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| | | under section 27 is subject to annulment in pursuance of a resolution of |
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| | | either House of Parliament.”.’. |
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| | Page 214, line 12 [Clause 227], leave out from ‘Parliament’ to end of line 17 and |
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| | | ‘(3B) | Regulations made by the Privy Council under section 25A that include |
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| | | provision which would, if included in an Act of the Scottish Parliament, |
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| | | fall within the legislative competence of that Parliament shall be subject |
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| | | to the negative procedure in that Parliament (in addition to the statutory |
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| | | instrument containing the regulations being subject to annulment under |
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| | | |
| | | (3C) | Sections 28 and 31 of the Interpretation and Legislative Reform |
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| | | (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to |
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| | | regulations of the description given in subsection (3B) as they apply in |
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| | | relation to devolved subordinate legislation (within the meaning of Part |
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| | | 2 of that Act) that is subject to the negative procedure, but as if references |
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| | | to a Scottish statutory instrument were references to a statutory |
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| | | |
| | | (3D) | Section 32 of that Act (laying) shall apply in relation to the laying of a |
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| | | statutory instrument containing regulations of the description given in |
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| | | subsection (3B) before the Scottish Parliament as it applies in relation to |
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| | | the laying of a Scottish statutory instrument (within the meaning of Part |
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| | | 2 of that Act) before that Parliament.”’. |
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| | Page 215, line 43 [Clause 229], leave out ‘(3A) (inserted by section 227(3))’ and |
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| | insert ‘(3E) (inserted by section 226(7C))’. |
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| | |
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| | Page 216, line 11 [Clause 230], leave out ‘its appointment power’ and insert ‘any |
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| | of its appointment functions’. |
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| | Page 216, line 15 [Clause 230], leave out ‘its appointment power’ and insert ‘any |
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| | of its appointment functions’. |
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| | Page 216, line 17 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | |
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| | Page 216, line 20 [Clause 230], leave out ‘its appointment power’ and insert ‘any |
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| | of its appointment functions’. |
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| | |
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| | Page 216, line 22 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | Page 216, line 25 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | Page 216, line 27 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | Page 216, line 31 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | |
| | | |
| | Page 216, line 35 [Clause 230], leave out subsection (8) and insert— |
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| | | ‘(8) | In this section, “appointment functions” means— |
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| | | (a) | in relation to the General Medical Council, the function under paragraph |
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| | | 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the |
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| | | Privy Council from time to time has by virtue of paragraph 1B(1)(b) or |
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| | | (d) of that Schedule (appointment of members and chair and |
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| | | determination of terms of office), |
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| | | (b) | in relation to the General Dental Council, the function under paragraph |
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| | | 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the |
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| | | Privy Council from time to time has by virtue of paragraph 1B(1)(b) or |
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| | | (d) of that Schedule (corresponding functions in relation to that Council), |
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| | | (c) | in relation to the General Optical Council, the function under paragraph |
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| | | 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the |
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| | | Privy Council from time to time has by virtue of paragraph 1B(1)(b) or |
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| | | (d) of that Schedule (corresponding functions in relation to that Council), |
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| | | (d) | in relation to the General Osteopathic Council, the function under |
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| | | paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such |
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| | | functions as the Privy Council from time to time has by virtue of |
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| | | paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in |
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| | | relation to that Council), |
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| | |
| | |
| |
| | | (e) | in relation to the General Chiropractic Council, the function under |
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| | | paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such |
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| | | functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) |
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| | | of that Schedule (corresponding functions in relation to that Council), |
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| | | (f) | in relation to the General Pharmaceutical Council, the function under |
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| | | paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) |
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| | | and such functions as the Privy Council from time to time has by virtue |
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| | | of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in |
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| | | relation to that Council), |
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| | | (g) | in relation to the Nursing and Midwifery Council, the function under |
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| | | paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 |
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| | | (S.I. 2002/253) and such functions as the Privy Council from time to time |
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| | | has by virtue of paragraph 1B(1)(b) or (d) of that Schedule |
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| | | (corresponding functions in relation to that Council), and |
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| | | (h) | in relation to the Health and Care Professions Council, the function under |
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| | | paragraph 1(2) of Schedule 1 to the Health and Social Work Professions |
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| | | Order 2001 (S.I. 2002/254) and such functions as the Privy Council from |
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| | | time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule |
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| | | (corresponding functions in relation to that Council).’. |
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| | |
| | | |
| | Page 217, line 13 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | |
| | | |
| | Page 217, line 14 [Clause 230], leave out ‘power’ and insert ‘function’. |
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| | Page 223, line 25 [Clause 233], after ‘25A’ insert ‘, 27’. |
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| | Page 225, line 2 [Clause 237], leave out ‘must be’ and insert ‘has no effect unless |
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| | Page 225, line 6 [Clause 237], leave out ‘generally or’ and insert ‘or to disseminate |
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| | Page 225, line 33 [Clause 237], leave out ‘or 12’. |
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| | Page 229, line 18 [Clause 244], after ‘guidance’, insert ‘to such persons and’. |
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| | Page 232, line 38 [Clause 253], leave out ‘to which the information standard |
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