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| |
| |
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| | (3) | Assistance or support provided under this paragraph may be provided on such |
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| | terms and conditions, including terms as to payment, as the Trust considers |
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| | |
| | (4) | The Primary Care Trust may, in particular, impose restrictions on the use of |
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| | any financial or other assistance or support provided under this paragraph. |
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| | (5) | A clinical commissioning group must comply with any restrictions imposed |
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| | under sub-paragraph (4).’. |
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| |
| |
| | |
| Page 341, line 8 [Schedule 7], at end insert— |
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| | ‘Civil Contingencies Act 2004 (c. 36) |
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| | | In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category |
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| | 1 responders) for paragraph 9 substitute— |
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| | “9 | The Secretary of State, in so far as the functions of the Secretary of |
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| | State include responding to emergencies by virtue of — |
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| | (a) | the Secretary of State’s functions under section 2A of the |
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| | National Health Service Act 2006, |
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| | (b) | the Secretary of State’s functions under section 54 of the |
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| | Health and Social Care Act 2011 in so far as it applies in |
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| | relation to Wales or Scotland, or |
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| | (c) | arrangements made by the Welsh Ministers or Scottish |
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| | Ministers under which the Secretary of State exercises on |
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| | their behalf functions in relation to protecting the public in |
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| | Wales or Scotland from disease or other dangers to |
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| | |
| |
| |
| | |
| Page 367, line 31 [Schedule 13], at end insert— |
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| | ‘Equality Act 2010 (c.15) |
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| | | In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public |
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| | sector equality duty), for the entry for the Independent Regulator of NHS |
|
| | Foundation Trusts substitute “Monitor”.’. |
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| |
| |
| | |
| Page 368, line 26 [Schedule 14], leave out from ‘section’ to end of line 27 and |
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| insert ‘56 (mergers of NHS foundation trusts)— |
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| |
| |
|
| | (a) | in subsection (1)(b) (as amended by section 171(1)(a)), omit “or an NHS |
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| | trust established under section 25”’. |
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| |
| | |
| Page 368, line 27 [Schedule 14], at end insert ‘, and |
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| | (b) | in subsection (1A) (as inserted by section 171(2)), omit “(that is an NHS |
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| | |
| |
| | |
| Page 368, line 28 [Schedule 14], leave out from ‘section’ to end of line 30 and |
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| insert ‘56A (acquisitions of NHS foundation trusts) (as inserted by section 172)— |
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| | (a) | in subsection (1)(b), omit “or an NHS trust established under section |
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| | |
| |
| | |
| Page 368, line 30 [Schedule 14], at end insert ‘, and |
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| | (b) | in subsection (2), omit “(that is an NHS foundation trust)”.’. |
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| |
| | |
| Page 368, line 40 [Schedule 14], leave out paragraph 13 and insert— |
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| | ‘13(1) | Omit section 65B (appointment of trust special administrator in relation to |
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| | |
| | (2) | In consequence of that repeal, omit section 177(1A) of this Act.’. |
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| |
| | |
| Page 368, line 43 [Schedule 14], at end insert— |
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| | ‘13A | Omit section 65C (suspension of directors of NHS trust). |
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| | 13B(1) | Section 65F (special administrator’s draft report) is amended as follows. |
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| | (2) | In subsection (1), for “the Secretary of State”, in each place it appears, |
|
| | substitute “the regulator”. |
|
| | (3) | In subsection (2)(b)— |
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| | |
| | (b) | for “the Secretary of State” substitute “the regulator”. |
|
| | (4) | After subsection (2) insert— |
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| | “(2A) | The administrator may not provide the draft report to the regulator |
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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 |
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| | the draft report would achieve the objective set out in section |
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| | |
| | (b) | where the administrator does not obtain a statement to that |
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| | effect from one or more commissioners (other than the |
|
| | Board), without having obtained a statement to that effect |
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| | |
| | (2B) | Where the Board decides not to provide to the administrator a |
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| | statement 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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| | (2C) | In subsection (2A), “commissioner” means a person to which the trust |
|
| | provides services under this Act.” |
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| | (5) | In subsection (3), for “the Secretary of State” substitute “the regulator”. |
|
| | (6) | Omit subsections (4) to (7). |
|
| | (7) | In consequence of those repeals, omit section 178(2) of this Act. |
|
| | 13C | In section 65G (consultation plan), in subsection (4), omit “In the case of an |
|
| | |
| | 13D(1) | Section 65H (consultation on draft report) is amended as follows. |
|
| | |
| | (a) | in paragraph (b), omit “goods or”, and |
|
| | (b) | in paragraphs (c) and (d), for “the Secretary of State” substitute “the |
|
| | |
| | (3) | In subsection (10), for “The Secretary of State” substitute “The regulator”. |
|
| | (4) | After that subsection insert — |
|
| | “(10A) | The Secretary of State may direct the regulator as to persons from |
|
| | whom it should direct the administrator under subsection (10) to |
|
| | request or seek a response.” |
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| | (5) | Omit subsections (12) and (13). |
|
| | (6) | In consequence of those repeals, omit section 178(5) of this Act. |
|
| | 13E(1) | Section 65I (administrator’s final report) is amended as follows. |
|
| | (2) | In subsection (1), for “the Secretary of State”, in each place it appears, |
|
| | substitute “the regulator”. |
|
| | (3) | In subsection (3), for “the Secretary of State” substitute “the regulator”. |
|
| | |
| | (5) | In consequence of that repeal, omit section 178(6) of this Act. |
|
| | 13F(1) | Section 65J (power to extend time limits) is amended as follows. |
|
| | (2) | In subsection (2), for “the Secretary of State”, in each place it appears, |
|
| | substitute “the regulator”. |
|
| | |
| | (4) | In consequence of that repeal, omit section 178(7) of this Act. |
|
| | 13G(1) | Omit section 65K (decision on action to take in relation to the trust) and the |
|
| | |
| | (2) | In consequence of those repeals, omit section 179(1) of this Act. |
|
| | 13H(1) | Section 65KA (regulator’s decision in case of NHS foundation trust) is |
|
| | |
| | (2) | In subsection (1), omit “relating to an NHS foundation trust”. |
|
| | (3) | In subsection (5), for “the trust” substitute “the NHS foundation trust in |
|
| | |
| | (4) | For the title to that section substitute “The regulator’s decision”. |
|
| | (5) | Before that section, insert as a cross-heading “Action by the regulator and the |
|
| | |
| | 13I(1) | Section 65L (trusts coming out of administration) is amended as follows. |
|
| | |
| | (a) | for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and |
|
|
|
| |
| |
|
| | (b) | for “the trust” substitute “the NHS foundation trust in question”. |
|
| | |
| | (a) | for “The Secretary of State” substitute “The regulator”, and |
|
| | (b) | for “and directors” substitute “, directors and governors”. |
|
| | (4) | Omit subsections (2A), (2B) and (6). |
|
| | (5) | In consequence of the repeal of subsections (2A) and (2B) of that section, omit |
|
| | section 179(2) of this Act. |
|
| | 13J(1) | Section 65M (replacement of special administrator) is amended as follows. |
|
| | (2) | In subsection (1), for “the Secretary of State”, in each place it appears, |
|
| | substitute “the regulator”. |
|
| | (3) | In subsection (2), for “the Secretary of State” substitute “the regulator”. |
|
| | |
| | (5) | In consequence of that repeal, omit section 180(1) of this Act. |
|
| | 13K(1) | Section 65N (guidance) is amended as follows. |
|
| | (2) | In subsection (1), for “The Secretary of State” substitute “The regulator”. |
|
| | |
| | (4) | In consequence of that repeal, omit section 180(2) of this Act.’. |
|
| |
| |
| | |
| Page 378, line 21 [Schedule 15], at end insert— |
|
| | ‘(5) | The regulations may impose duties on a responsible person as respects |
|
| | responding to requests for information made by a person who has power to |
|
| | appoint a member of an LHW when discharging the duty imposed by virtue of |
|
| | |
| | (6) | In sub-paragraph (5), “responsible person” means a responsible person for the |
|
| | purposes of section 224(1).’. |
|
| |
| |
| | |
| Page 381, line 25 [Schedule 16], at end insert— |
|
| | ‘ | Omit section 70 (abolition of the Central Council for Education and Training |
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| | |
| |
| | |
| Page 381, line 28 [Schedule 16], at end insert— |
|
| | ‘ | In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”. |
|
| | | In section 118 (orders and regulations), in subsection (4), omit the words from |
|
| | |
| | | In section 121 (interpretation), in the table in subsection (13), omit the entry |
|
| | |
| | | In section 122 (commencement), omit “section 70(2) to (5) and”. |
|
|
|
| |
| |
|
| | | In section 123 (extent), omit subsection (3).’. |
|
| |
| |
| | |
| Page 384, line 41 [Schedule 16], at end insert— |
|
| | ‘ | In section 171(4) (provisions which Welsh Ministers have power to |
|
| | commence), before paragraph (a) insert— |
|
| | “(za) | sections 124 and 125 and Schedule 9 (regulation of social care |
|
| | workers: Wales) and section 126 (education and training of |
|
| | approved mental health professionals: Wales),’. |
|
| |
| |
| | |
| Page 386, line 39 [Schedule 16], leave out paragraph 53. |
|
| |
| |
| | |
| Page 388, line 7 [Schedule 16], at end insert— |
|
| | ‘ | Omit section 26(12) of that Act.’. |
|
| |
| | |
| Page 388, line 33 [Schedule 16], leave out paragraph (e). |
|
| |
| |
| | |
| Page 397, line 5 [Schedule 18], at beginning insert— |
|
| | ‘(1) | The Employment Rights Act 1996 is amended as follows. |
|
| | (2) | In section 50 (right to time off for public duties) in subsection (8), after |
|
| | |
| | “(ac) | the National Institute for Health and Care Excellence,”.’. |
|
| |
| | |
| Page 397, line 5 [Schedule 18], leave out ‘of the Employment Rights Act 1996’. |
|
| |
| | |
| Page 397, line 7 [Schedule 18], at end insert— |
|
|
|
| |
| |
|
| | ‘Data Protection Act 1998 (c. 29) |
|
| | | In section 69 of the Data Protection Act 1998 (meaning of “health |
|
| | professional”) in subsection (3), after paragraph (fa) insert— |
|
| | “(fb) | the National Institute for Health and Care Excellence,”.’. |
|
| |
| |
| | |
| Page 404, line 5 [Schedule 20], at end insert— |
|
| | ‘Access to Health Records Act 1990 (c. 23) |
|
| | | In section 11 of the Access to Health Records Act 1990 (interpretation) in the |
|
| | definition of “health service body”, at the end insert— |
|
| | “(f) | the Health and Social Care Information Centre;”.’. |
|
| |
| | |
| Page 404, line 7 [Schedule 20], at beginning insert— |
|
| | ‘(1) | The Employment Rights Act 1996 is amended as follows. |
|
| | (2) | In section 50 (right to time off for public duties) in subsection (8), after |
|
| | paragraph (ac) (inserted by Schedule 18) insert— |
|
| | “(ad) | the Health and Social Care Information Centre,”.’. |
|
| |
| | |
| Page 404, line 7 [Schedule 20], leave out ‘of the Employment Rights Act 1996’. |
|
| |
| | |
| Page 404, line 9 [Schedule 20], at end insert— |
|
| | ‘Data Protection Act 1998 (c. 29) |
|
| | | In section 69 of the Data Protection Act 1998 (meaning of “health |
|
| | professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 18) |
|
| | |
| | “(fc) | the Health and Social Care Information Centre,”.’. |
|
| |
| |
| | |
| Page 408, line 28 [Schedule 22], leave out ‘commissioning consortia’ and insert |
|
| ‘clinical commissioning groups’. |
|
| |
|
|
| |
| |
|
| |
| | |
| Page 409, line 2 [Schedule 22], leave out ‘the Secretary of State or a body’ and |
|
| |
| |
| | |
| Page 409, line 3 [Schedule 22], after ‘(jb),’, insert ‘(m),’. |
|
| |
| | |
| Page 409, line 14 [Schedule 22], leave out ‘the Welsh Ministers are, or a body’ and |
|
| |
| |
| | |
| Page 409, line 15 [Schedule 22], leave out ‘or (k) is,’ and insert ‘(k) or (ma) is’. |
|
| |
| | |
| Page 409, line 28 [Schedule 22], after ‘jointly.’, insert— |
|
| | ‘(15) | Subsection (16) applies (and subsections (12) and (14) do not apply) |
|
| | where a cross-border Special Health Authority is a party or |
|
| | prospective party to an arrangement or proposed arrangement |
|
| | |
| | (a) | falls within subsection (1); and |
|
| | (b) | also falls within the definition of NHS contract in section 9 of |
|
| | the National Health Service Act 2006 and the definition of |
|
| | NHS contract in section 7 of the National Health Service |
|
| | |
| | (16) | Subsections (4) to (9) shall apply in relation to that arrangement or |
|
| | proposed arrangement (except in so far as it relates to reserved matters |
|
| | within the meaning of the Scotland Act 1998) with the substitution for |
|
| | references to the Secretary of State— |
|
| | (a) | where the cross-border Special Health Authority is exercising |
|
| | functions in relation to England only, of references to the |
|
| | Secretary of State and the Scottish Ministers acting jointly; |
|
| | (b) | where the Authority is exercising functions in relation to |
|
| | Wales only, of references to the Welsh Ministers and the |
|
| | Scottish Ministers acting jointly; and |
|
| | (c) | where the Authority is exercising functions in relation to |
|
| | England and Wales, of references to the Secretary of State and |
|
| | the Welsh Ministers acting concurrently with each other and |
|
| | jointly with the Scottish Ministers. |
|
| | (17) | In subsections (15) and (16), “cross-border Special Health Authority” |
|
| | means a Special Health Authority which is established under the |
|
| | National Health Service Act 2006 and the National Health Service |
|
| | (Wales) Act 2006 by virtue of— |
|
| | (a) | paragraph 1(2) of Schedule 2 to the National Health Service |
|
| | (Consequential Provisions) Act 2006, or |
|
|