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| | Page 35 [Clause 23], leave out line 24. |
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| | Page 35, line 26 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 35, line 31 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 35, line 33 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 35, line 36 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| Page 35, line 36 [Clause 23], after ‘functions’, insert ‘have regard to the need to’. |
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| | Page 35 [Clause 23], leave out lines 39 and 40. |
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| | Page 36, line 2 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | | Page 36, line 3 [Clause 20], leave out ‘have regard to the need to’. |
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| | Page 36, line 7 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | | Page 36, line 7 [Clause 23], leave out from ‘consortium’ to ‘that’ in line 8 and |
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| | insert ‘has a duty to secure’. |
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| | Page 36, line 16 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | | Page 36, line 16 [Clause 23], leave out from ‘consortium’ to ‘that’ in line 17 and |
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| | insert ‘has a duty to secure’. |
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| | Page 36 [Clause 23], leave out lines 28 and 29. |
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| | Page 36, line 36 [Clause 23], at end insert— |
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| | | ‘14YA | Duty as to conflicts of interest |
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| | | (1) | Each clinical commissioning group must exercise its functions so as to ensure that |
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| | | any conflicts of interest, and personal and prejudicial interests are dealt with. |
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| | | (2) | The Secretary of State must issue guidance on how conflicts of interest and |
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| | | personal and prejudicial interests should be dealt with by clinical commissioning |
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| | | groups as part of their decision making.’. |
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| | | Page 36, line 36 [Clause 23], at end insert— |
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| | | ‘14YA | Duty as regards stability of existing NHS services |
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| | | Each clinical commissioning group must not exercise its functions, in respect of |
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| | | section 14U (Duty as to patient choice) or 14W (Duty to promote innovation) in |
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| | | a way which could lead to existing NHS services, including but not restricted to, |
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| | | emergency care, intensive care, chronic and complex care, teaching, training and |
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| | | research, becoming unviable or unstable due to an unplanned reduction in income |
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| | Page 36, line 38 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 36, line 40 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 36, line 41 [Clause 23], after ‘consortium’, insert ‘in the exercise of its |
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| | Page 36, line 42 [Clause 23], leave out ‘consortium’ and insert ‘clinical |
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| | Page 36, line 43 [Clause 23], leave out from second ‘are’ to end of line 44 and |
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| | insert ‘fully consulted—’. |
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| | Page 36, line 46 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | Page 37, line 2 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | Page 37, line 7 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | Page 37, line 10 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 37, line 15 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 37, line 17 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 37 [Clause 23], leave out lines 21 and 22. |
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| | Page 37, line 24 [Clause 23], leave out ‘consortia’ and insert ‘clinical |
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| | Page 37, line 25 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | |
| | | |
| | Page 37, line 28 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | Page 37, line 30 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | |
| | | |
| | Page 37, line 32 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
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| | Page 37, line 34 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
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| | Page 37, line 36 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 37, line 37 [Clause 23], leave out ‘consortia’ and insert ‘clinical |
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| | Page 37, line 40 [Clause 23], leave out ‘consortia’ and insert ‘groups’. |
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| | Page 38, line 2 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 38, line 4 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | |
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| | Page 38, line 9 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
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| | Page 38, line 12 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 38, line 14 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | Page 38, line 16 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | | |
| | Page 38, line 17 [Clause 23], leave out ‘consortia’ and insert ‘clinical |
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| | Page 38, line 19 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | Page 38, line 22 [Clause 23], at end insert— |
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| |
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| | |
| |
| | | ‘(1A) | The Secretary of State must publish guidance to commissioning consortia about |
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| | | its exercise of powers under subsection (1), to which each commissioning |
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| | | consortia must have regard.’. |
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| | |
| | | |
| | Page 38, line 23 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 38, line 25 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | |
| | | |
| | | Page 38, line 26 [Clause 23], at end insert— |
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| | | ‘(3) | For the avoidance of doubt it is hereby declared that nothing in this section |
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| | | authorises a clinical commissioning group— |
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| | | (a) | to disregard any enactment or rule of law, including but not limited to |
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| | | section 1(3), or to override any person’s contractual or proprietary rights; |
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| | | |
| | | (b) | to charge for anything the group does in the exercise of its powers under |
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| | | this section which relates to any accommodation, service or facility of a |
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| | | type to which section 3(1) applies; or |
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| | | (c) | to charge for anything in relation to the exercise of its functions under |
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| | | |
| | | (4) | A clinical commissioning group shall exercise the powers specified in section |
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| | | 7(2)(f) only after consulting (to the extent that it appears to it to be practical) any |
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| | | person who appears to it to have an interest through its own previous research in |
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| | | the ideas or intellectual property in question as to whether it should exercise them |
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| | | and, if so, as to any financial arrangements. |
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| | | (5) | A clinical commissioning group shall demonstrate in its annual report under |
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| | | section 14Z3 how the exercise of its power conferred by subsection (1) has not |
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| | | interfered to a significant extent with the performance by the group of its |
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| | | |
| | | (6) | Income raised by a clinical commissioning group as a result of the exercise of |
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| | | powers under this section shall be specified in its annual accounts, referred to in |
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| | | its annual report under section 14Z13, and paid annually to the Secretary of |
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| | | |
| | |
| | | |
| | Page 38, line 28 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 38, line 31 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| | |
| | | |
| | Page 38, line 33 [Clause 23], leave out ‘consortium’ and insert ‘group’. |
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| |
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| |
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| | | |
| | Page 38, line 34 [Clause 23], leave out ‘consortia’ and insert ‘clinical |
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| | |
| | |
| | | |
| | Page 38, line 37 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 38, line 40 [Clause 23], leave out ‘consortium’ and insert ‘clinical |
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| | |
| | |
| | |
| | | |
| | Page 39, line 1 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 39, line 3 [Clause 23], leave out ‘commissioning consortium’ and insert |
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| | ‘clinical commissioning group’. |
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| | |
| | | |
| | Page 39, line 4 [Clause 23], leave out ‘consortium’ and insert ‘clinical |
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| | |
| | |
| | | |
| | Page 39, line 5 [Clause 23], leave out ‘consortium’ and insert ‘clinical |
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| | |
| | |
| | | |
| | Page 39, line 10 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | |
| | | |
| | Page 39, line 14 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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| | |
| | | |
| | Page 39, line 17 [Clause 23], leave out ‘commissioning consortia’ and insert |
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| | ‘clinical commissioning groups’. |
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|
