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| | | ‘Access to Health Records Act 1990 (c. 23) |
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| | | | In section 11 of the Access to Health Records Act 1990 (interpretation) in the |
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| | | definition of “health service body”, at the end insert— |
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| | | “(f) | the Health and Social Care Information Centre;”.’. |
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| | Page 404, line 7 [Schedule 20], at beginning insert— |
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| | | ‘(1) | The Employment Rights Act 1996 is amended as follows. |
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| | | (2) | In section 50 (right to time off for public duties) in subsection (8), after |
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| | | paragraph (ac) (inserted by Schedule 18) insert— |
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| | | “(ad) | the Health and Social Care Information Centre,”.’. |
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| | Page 404, line 7 [Schedule 20], leave out ‘of the Employment Rights Act 1996’. |
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| | Page 404, line 9 [Schedule 20], at end insert— |
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| | | ‘Data Protection Act 1998 (c. 29) |
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| | | | In section 69 of the Data Protection Act 1998 (meaning of “health |
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| | | professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 18) |
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| | | “(fc) | the Health and Social Care Information Centre,”.’. |
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| | Page 409, line 2 [Schedule 22], leave out ‘the Secretary of State or a body’ and |
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| | Page 409, line 3 [Schedule 22], after ‘(jb),’, insert ‘(m),’. |
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| | Page 409, line 14 [Schedule 22], leave out ‘the Welsh Ministers are, or a body’ and |
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| | Page 409, line 15 [Schedule 22], leave out ‘or (k) is,’ and insert ‘(k) or (ma) is’. |
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| | Page 409, line 28 [Schedule 22], after ‘jointly.’, insert— |
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| | | ‘(15) | Subsection (16) applies (and subsections (12) and (14) do not apply) |
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| | | where a cross-border Special Health Authority is a party or |
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| | | prospective party to an arrangement or proposed arrangement |
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| | | |
| | | (a) | falls within subsection (1); and |
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| | | (b) | also falls within the definition of NHS contract in section 9 of |
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| | | the National Health Service Act 2006 and the definition of |
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| | | NHS contract in section 7 of the National Health Service |
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| | | |
| | | (16) | Subsections (4) to (9) shall apply in relation to that arrangement or |
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| | | proposed arrangement (except in so far as it relates to reserved matters |
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| | | within the meaning of the Scotland Act 1998) with the substitution for |
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| | | references to the Secretary of State— |
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| | | (a) | where the cross-border Special Health Authority is exercising |
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| | | functions in relation to England only, of references to the |
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| | | Secretary of State and the Scottish Ministers acting jointly; |
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| | | (b) | where the Authority is exercising functions in relation to |
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| | | Wales only, of references to the Welsh Ministers and the |
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| | | Scottish Ministers acting jointly; and |
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| | | (c) | where the Authority is exercising functions in relation to |
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| | | England and Wales, of references to the Secretary of State and |
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| | | the Welsh Ministers acting concurrently with each other and |
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| | | jointly with the Scottish Ministers. |
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| | | (17) | In subsections (15) and (16), “cross-border Special Health Authority” |
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| | | means a Special Health Authority which is established under the |
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| | | National Health Service Act 2006 and the National Health Service |
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| | | (Wales) Act 2006 by virtue of— |
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| | | (a) | paragraph 1(2) of Schedule 2 to the National Health Service |
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| | | (Consequential Provisions) Act 2006, or |
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| | | (b) | the power under section 28 of the National Health Service Act |
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| | | 2006 and the power under section 22 of the National Health |
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| | | Service (Wales) Act 2006 being exercised together.’. |
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| | | |
| | Page 410, line 26 [Schedule 22], after second ‘arrangement’, insert ‘(except in so |
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| | far as it relates to reserved matters within the meaning of the Scotland Act 1998)’. |
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| | Page 410, line 28 [Schedule 22], after ‘jointly.’, insert— |
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| | | ‘(3) | Subsection (4) applies (and subsection (2) does not apply) where a |
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| | | cross-border Special Health authority is a party or prospective party to |
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| | | an arrangement or proposed arrangement which— |
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| | | (a) | falls within the definition of NHS contract in section 9(1), and |
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| | | (b) | also falls within the definition of NHS contract in section 17A |
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| | | of the National Health Service (Scotland) Act 1978 and the |
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| | | definition of NHS contract in section 7(1) of the National |
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| | | Health Service (Wales) Act 2006. |
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| | | (4) | Subsections (5) to (13) of section 9 apply in relation to that |
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| | | arrangement or proposed arrangement (except in so far as it relates to |
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| | | reserved matters within the meaning of the Scotland Act 1998) with |
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| | | the substitution for references to the Secretary of State— |
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| | |
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| | | (a) | where the cross-border Special Health Authority is exercising |
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| | | functions in relation to England only, of references to the |
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| | | Secretary of State and the Scottish Ministers acting jointly; |
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| | | |
| | | (b) | where the Authority is exercising functions in relation to |
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| | | England and Wales, of references to the Secretary of State and |
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| | | the Welsh Ministers acting concurrently with each other and |
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| | | jointly with the Scottish Ministers. |
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| | | (5) | In subsections (3) and (4), “cross-border Special Health Authority” |
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| | | means a Special Health Authority which is established under the |
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| | | National Health Service Act 2006 and the National Health Service |
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| | | (Wales) Act 2006 by virtue of— |
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| | | (a) | paragraph 1(2) of Schedule 2 to the National Health Service |
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| | | (Consequential Provisions) Act 2006, or |
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| | | (b) | the power under section 28 of the National Health Service Act |
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| | | 2006 and the power under section 22 of the National Health |
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| | | Service (Wales) Act 2006 being exercised together.’. |
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| | Page 410, line 32 [Schedule 22], at end insert— |
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| | | ‘() | Until the commencement of section 29 of this Act, subsection (1) of section 66 |
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| | | of the National Health Service Act 2006 has effect as if it included a reference |
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| | | to Strategic Health Authorities.’. |
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| | Page 411, line 6 [Schedule 22], at end insert— |
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| | | ‘() | Until the commencement of section 29 of this Act, subsection (1) of section 68 |
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| | | of the National Health Service Act 2006 has effect as if it included a reference |
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| | | to Strategic Health Authorities.’. |
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| | Page 411, line 40 [Schedule 22], after ‘Ministers’, insert ‘— |
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| | | (a) | in so far as the arrangement or proposed arrangement relates |
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| | | to reserved matters within the meaning of the Scotland Act |
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| | | 1998, of references to the Welsh Ministers and the Secretary |
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| | | of State acting jointly, and |
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| | | (b) | for all other purposes,’. |
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| | Page 411, line 41 [Schedule 22], after ‘jointly.’, insert— |
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| | | ‘(3) | Subsection (4) applies (and subsection (2) does not apply) where a |
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| | | cross-border Special Health Authority is a party or prospective party |
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| | | to an arrangement or proposed arrangement which— |
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| | | (a) | falls within the definition of NHS contract in section 7(1), and |
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| | | (b) | also falls within the definition of NHS contract in section 17A |
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| | | of the National Health Service (Scotland) Act 1978 and the |
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| | | definition of NHS contract in section 9(1) of the National |
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| | | (4) | Subsections (5) to (13) of section 7 apply in relation to the |
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| | | arrangement or proposed arrangement (except in so far as it relates to |
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| | | reserved matters within the meaning of the Scotland Act 1998) with |
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| | | the substitution for references to the Welsh Ministers— |
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| | | (a) | where the cross-border Special Health Authority is exercising |
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| | | functions in relation to Wales only, of references to the Welsh |
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| | | Ministers and the Scottish Ministers acting jointly, and |
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| | | (b) | where the Authority is exercising functions in relation to |
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| | | England and Wales, of references to the Welsh Ministers and |
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| | | the Secretary of State acting concurrently with each other and |
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| | | jointly with the Scottish Ministers. |
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| | | (5) | In subsections (3) and (4), “cross-border Special Health Authority” |
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| | | means a Special Health Authority which is established under the |
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| | | National Health Service Act 2006 and the National Health Service |
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| | | (Wales) Act 2006 by virtue of— |
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| | | (a) | paragraph 1(2) of Schedule 2 to the National Health Service |
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| | | (Consequential Provisions) Act 2006, or |
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| | | (b) | the power under section 28 of the National Health Service Act |
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| | | 2006 and the power under section 22 of the National Health |
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| | | Service (Wales) Act 2006 being exercised together.’. |
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| | Page 413, line 7 [Schedule 22], leave out from ‘services),’ to end of line 10 and |
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| | insert ‘omit subsection (4)’. |
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| | Page 413, line 16 [Schedule 22], leave out from ‘services),’ to end of line 19 and |
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| | insert ‘omit subsection (4)’. |
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| | Page 416, line 42 [Schedule 22], at end insert— |
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| | | ‘( ) | omit sub-paragraph (i),’. |
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| | Page 416, line 44 [Schedule 22], leave out ‘after sub-paragraph (i)’ and insert |
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| | ‘before sub-paragraph (j)’. |
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| | Page 418, line 41 [Schedule 23], column 2, at end insert— |
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| | | ‘A Special Health Authority |
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| | Title, line 2, leave out ‘commissioning consortia’ and insert ‘clinical commissioning |
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| | Page 3, line 36 [Clause 6], leave out ‘commissioning consortia’ and insert ‘clinical |
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| | Page 4, line 10 [Clause 7], leave out ‘commissioning consortia’ and insert ‘clinical |
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| | Page 4, line 11 [Clause 7], leave out ‘Commissioning consortia’ and insert |
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| | ‘Clinical commissioning groups’. |
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| | Page 4, line 12 [Clause 7], leave out ‘commissioning consortia’ and insert ‘clinical |
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| | Page 4, line 14 [Clause 7], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 6, line 3 [Clause 10], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 6, line 8 [Clause 10], leave out ‘consortium’ and insert ‘group’. |
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| | Page 6, line 10 [Clause 10], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 6, line 13 [Clause 10], leave out ‘consortium’ and insert ‘group’. |
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| | Page 6, line 14 [Clause 10], leave out ‘consortium’s’ and insert ‘group’s’. |
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| | Page 6, line 16 [Clause 10], leave out ‘consortium’ and insert ‘clinical |
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| | Page 6, line 18 [Clause 10], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 6, line 21 [Clause 10], leave out ‘consortium’ and insert ‘group’. |
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| | Page 6, line 22 [Clause 10], leave out ‘consortium’s’ and insert ‘group’s’. |
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| | Page 6, line 25 [Clause 10], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 6, line 35 [Clause 10], leave out ‘consortia’ and insert ‘clinical |
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| | Page 7, line 3 [Clause 11], leave out ‘commissioning consortia’ and insert ‘clinical |
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| | Page 7, line 5 [Clause 11], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 7, line 12 [Clause 11], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 7, line 31 [Clause 12], leave out ‘consortia’ and insert ‘clinical |
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| | Page 7, line 39 [Clause 12], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 9, line 42 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 10, line 1 [Clause 14], leave out ‘consortium’ and insert ‘group’. |
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| | Page 10, line 11 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 10, line 22 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 10, line 24 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 10, line 35 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 10, line 41 [Clause 14], leave out ‘consortium’ and insert ‘clinical |
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| | Page 11, line 1 [Clause 14], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 11, line 35 [Clause 16], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 12, line 5 [Clause 16], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 12, line 9 [Clause 16], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 12, line 13 [Clause 17], leave out ‘consortia’ and insert ‘clinical |
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