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| | | Scotland” means a person who is or has been engaged in such work in |
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| | | Requirements as to transparency |
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| | To move the following Clause:— |
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| | | ‘(1) | Regulations may impose requirements on the National Health Service |
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| | | Commissioning Board and clinical commissioning groups for the purpose of |
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| | | ensuring that they are open and transparent in their decisions in commissioning |
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| | | health services for the purpose of the NHS. |
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| | | (2) | Regulations under this section may in particular impose requirements relating |
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| | | (a) | the imposition of minimum waiting times for patients, |
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| | | (b) | the imposition of clinical thresholds that a patient must reach before |
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| | | being eligible for treatment. |
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| | | (3) | The regulations may provide for the requirements imposed, or such of them as are |
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| | | prescribed, not to apply in relation to arrangements of a prescribed description.’. |
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| | | Financial duties on clinical commissioning groups: administrative costs |
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| | To move the following Clause:— |
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| | | ‘After section 223K of the National Health Service Act 2006 insert— |
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| | | “223L | Financial duties on clinical commissioning groups: administrative |
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| | | (1) | The Board must direct clinical commissioning groups to ensure that their |
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| | | expenditure on administrative costs does not exceed a prescribed |
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| | | percentage of their resource. |
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| | | (2) | The Board must ensure that the total national limit on clinical |
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| | | commissioning groups expenditure on administrative costs in any year |
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| | | from April 2014 does not exceed 55 per cent. of the total spent on |
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| | | administrative costs by primary care trusts in the financial year 2009- |
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| | | Secretary of State’s duty as to education and training |
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| | To move the following Clause:— |
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| | | ‘After section 1F of the National Health Service Act 2006 insert— |
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| | | “1G | Secretary of State’s duty as to education and training |
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| | | For the purposes of improving the quality of patient care, the Secretary |
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| | | of State has a duty to maintain a comprehensive, multi-professional |
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| | | education and training system for health professionals and to ensure the |
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| | | continued professional development of all staff delivering NHS |
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| | | Providers’ duty as to education and training |
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| | To move the following Clause:— |
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| | | ‘For the purposes of improving the quality of patient care, all providers of |
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| | | services for the purposes of the health service have a duty to contribute towards |
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| | | the maintenance of a comprehensive, multi-professional education and training |
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| | | system for health professionals and to ensure the continued professional |
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| | | development of all their staff delivering health services.’. |
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| | | Duties of clinical commissioning groups as to persons for whom they are responsible |
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| | To move the following Clause:— |
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| | | ‘After section 3B of the National Health Service Act 2006 insert— |
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| | | “3C | Duties of clinical commissioning groups as to persons for whom they |
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| | | (1) | A clinical commissioning group has responsibility for persons who |
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| | | usually reside in the clinical commissioning group’s area. |
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| | | (2) | Regulations may provide that for the purposes of this section a clinical |
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| | | commissioning group also has responsibility (whether generally or in |
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| | | relation to a prescribed service or facility) for persons who— |
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| | | (a) | were provided with primary medical services by a person who is |
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| | | or was a member of the clinical commissioning group, |
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| | | (b) | have a prescribed connection with the clinical commissioning |
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| | | (c) | are provided with primary medical services by a member of the |
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| | | clinical commissioning group. |
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| | | (3) | The power conferred by section 3(1B)(b) must be exercised so as to |
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| | | provide that, in relation to the provision of services or facilities for |
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| | | emergency care, a clinical commissioning group has responsibility for |
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| | | every person present in its area. |
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| | | (4) | Regulations may provide that section 3(1A) does not apply— |
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| | | (a) | in relation to persons of a prescribed description (which may |
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| | | include a description framed by reference to the primary medical |
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| | | services with which the persons are provided); |
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| | | (b) | in prescribed circumstances. |
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| | | (5) | The duty in subsection (1) does not apply in relation to a service or |
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| | | facility if the Board has a duty to arrange for its provision.”.’. |
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| | | Requirements on Board and clinical commissioning groups |
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| | To move the following Clause:— |
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| | | ‘(1) | Regulations may impose requirements on the National Health Service |
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| | | Commissioning Board and clinical commissioning groups for the purpose of |
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| | | securing that, in commissioning health care services for the purposes of the NHS, |
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| | | (a) | adhere to good practice in relation to procurement; |
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| | | (b) | protect and promote the right of patients to make choices with respect to |
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| | | (c) | promote collaboration and integration in the provision of health care |
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| | | services in the interests of people who use such services. |
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| | | (2) | Requirements imposed by regulations under this section apply to an arrangement |
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| | | for the provision of goods and services only if the value of the consideration |
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| | | attributable to the services is greater than that attributable to the goods. |
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| | | (3) | Regulations under this section may, in particular, impose requirements relating |
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| | | (a) | tendering for the provision of services; and |
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| | | (b) | the management of conflicts between the interests involved in |
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| | | commissioning services and the interests involved in providing them. |
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| | | (4) | The regulations may provide for the requirements imposed, or such of them as are |
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| | | prescribed, not to apply in relation to arrangements of a prescribed description.’. |
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| | | Distribution of health service functions |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may direct the NHS Commissioning Board, or a clinical |
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| | | commissioning group, to exercise any of his functions relating to the health |
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| | | service which are specified in the directions. |
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| | | (2) | The functions which may be specified in directions include functions under |
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| | | enactments relating to mental health and care homes.’. |
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| | | Secretary of State’s directions to health service bodies |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may give directions to any of the bodies mentioned in |
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| | | subsection (2) about its exercise of any functions. |
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| | | (a) | the NHS Commissioning Board; and |
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| | | (b) | clinical commissioning groups. |
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| | | (3) | Nothing in provisions made by or under this or any other Act affects the |
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| | | generality of subsection (1).’. |
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| | | Care Quality Commission: duty as regards stability of existing NHS services |
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| | To move the following Clause:— |
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| | | ‘The Care Quality Commission, in exercising its functions, must have regard to |
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| | | the need to avoid 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 or case-load, becoming viable or unstable due to an unplanned reduction |
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| | | Clinical commissioning group commissioning work: public function |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State must issue directions to clinical commissioning groups |
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| | | which will ensure that commissioning work is predominantly retained as a |
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| | | function by staff directly employed by the clinical commissioning group.’. |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State following consultation shall bring forward by statutory |
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| | | instrument regulations establishing in law a duty of candour and requiring all |
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| | | commissioners and providers of NHS care and clinical services to observe it.’. |
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| | | Chief environmental health officer for England |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall appoint a Chief Environmental Health Officer for |
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| | | (2) | The Chief Environmental Health Officer for England shall give advice to and |
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| | | report to the Chief Medical Officer for England on all such aspects of |
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| | | environmental and public health as are relevant to the public health functions |
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| | | referred to in section 2A of the National Health Service 2006 Act and the duties |
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| | | referred to in section 2B of that Act. |
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| | | (3) | The Secretary of State shall report to Parliament annually on the work of the |
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| | | Chief Environmental Health Officer for England.’. |
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| | Page 2, line 2 [Clause 1], leave out ‘promote’ and insert ‘provide or secure a’. |
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| | Page 2, line 3 [Clause 1], leave out from ‘must’ to ‘improvement’ in line 4 and |
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| | insert ‘provide or secure a comprehensive Health Service designed to promote’. |
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| | Page 2, line 4 [Clause 1], after ‘improvement’, insert ‘and to ensure improvement’. |
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| | Page 2, line 7 [Clause 1], leave out subsection (2) and insert— |
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| | | ‘(2) | The Secretary of State must for that purpose provide or secure the provision of |
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| | | services in accordance with this Act.’. |
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| | Page 2, line 8 [Clause 1], leave out ‘secure that services are provided’ and insert |
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| | ‘provide or secure, either directly or indirectly, services’. |
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| | Page 2 [Clause 1], Leave out lines 10 to 12 and insert— |
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| | | ‘(3) | The services so provided must be free of charge.’. |
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| | Page 2, line 10 [Clause 1], after ‘services’, insert ‘so’. |
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| | Page 2, line 10 [Clause 1], leave out ‘as part of the health service in England’. |
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