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| Page 159, line 2, leave out Clause 167. |
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| Page 160, line 24 [Clause 171], after ‘(1)’, insert ‘— |
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| | (a) | in paragraph (b), after “NHS trust” insert “established under section 25”, |
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| Page 161, line 8 [Clause 172], after second ‘trust’, insert ‘established under section |
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| Page 163, line 12 [Clause 175], at end insert— |
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| | ‘( ) | In section 271(3)(b) of that Act (territorial limit of exercise of functions under |
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| | Chapter 5), for “Part 1” substitute “Part 2”.’. |
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| Page 163, line 14, leave out Clause 176. |
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| Page 163, line 17 [Clause 176], leave out subsection (2) and insert— |
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| | ‘(2) | Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements |
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| | and dissolution); and in consequence of that— |
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| | (a) | in section 57 of that Act (as amended by section 175 of this Act)— |
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| | (i) | in subsection (3)(a), for “the persons mentioned in section 54(4)” |
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| | substitute “another NHS foundation trust, an NHS trust |
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| | established under section 25 or the Secretary of State”, |
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| |
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| | (ii) | omit subsection (3)(b), and |
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| | (iii) | in subsection (4), for “any of the bodies mentioned in section |
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| | 54(4)(a) or (c)” substitute “another NHS foundation trust or an |
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| | NHS trust established under section 25”, |
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| | (b) | in section 64(4) of that Act (as amended by section 175 of this Act), omit |
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| | paragraph (b) (but not the following “or”), and |
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| | (c) | omit section 18(2) to (6) and (11) of the Health Act 2009.’. |
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| Page 163, line 39 [Clause 177], at end insert— |
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| | ‘(1A) | For the title to section 65B of that Act substitute “NHS trusts: appointment of |
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| | trust special administrator”. |
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| Page 164, line 6 [Clause 177], after ‘trust.’, insert— |
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| | ‘(3) | As soon as reasonably practicable after the making of an order under |
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| | subsection (2), the Care Quality Commission must provide to the |
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| | regulator a report on the safety and quality of the services that the trust |
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| | provides under this Act.’. |
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| Page 164, line 12 [Clause 177], leave out ‘(but not the “and” following it)’. |
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| Page 164, line 12 [Clause 177], at end insert— |
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| | ‘( ) | in paragraph (c), omit “goods or”’. |
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| Page 164, line 12 [Clause 177], at end insert ‘, and |
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| | ( ) | after paragraph (c) insert “, and |
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| | (d) | the Care Quality Commission.”’. |
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| Page 164, line 26 [Clause 177], at end insert— |
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| | ‘(8A) | A person appointed as a trust special administrator under this section |
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| | must manage the trust’s affairs, business and property, and exercise the |
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| | trust special administrator’s functions, so as to achieve the objective set |
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| | out in section 65DA as quickly and as efficiently as is reasonably |
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| Page 164, line 34 [Clause 177], leave out ‘The Secretary of State’ and insert ‘The |
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| Page 164, line 35 [Clause 177], leave out ‘the Secretary of State’ and insert ‘the |
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| Page 164, line 42 [Clause 178], leave out from ‘(2)’ to end of line 43 and insert ‘— |
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| | (a) | before paragraph (a) insert— |
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| | (b) | omit paragraph (a) (but not the following “and”).’. |
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| Page 165, line 4 [Clause 178], after ‘regulator.’, insert— |
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| | ‘(5) | In the case of an NHS foundation trust, the administrator may not provide |
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| | the draft report to the regulator under subsection (1)— |
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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 the |
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| | draft report would achieve the objective set out in section 65DA, |
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| | (b) | where the administrator does not obtain a statement to that effect |
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| | from one or more commissioners (other than the Board), without |
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| | having obtained a statement to that effect from the Board. |
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| | (6) | Where the Board decides not to provide to the administrator a statement |
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| | 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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| | (7) | In subsection (5), “commissioner” means a person to which the trust |
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| | provides services under this Act.’. |
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| Page 165, line 4 [Clause 178], at end insert— |
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| | ‘( ) | At the end of section 65G of that Act (consultation plan) insert— |
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| | “(4) | In the case of an NHS foundation trust, the administrator may not make |
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| | a variation to the draft report following the consultation period— |
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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 the |
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| | draft report as so varied would achieve the objective set out in |
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| | (b) | where the administrator does not obtain a statement to that effect |
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| | from one or more commissioners (other than the Board), without |
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| | having obtained a statement to that effect from the Board. |
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| | (5) | Where the Board decides not to provide to the administrator a statement |
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| | 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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| | (6) | In subsection (4), “commissioner” means a person to which the trust |
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| | provides services under this Act.”’. |
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| Page 165, line 5 [Clause 178], leave out from ‘(7)’ to end of line 7 and insert ‘— |
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| | (a) | before paragraph (a) insert— |
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| | (c) | in paragraph (b), omit “, if required by directions given by the Secretary |
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| | (d) | after paragraph (c) insert “; |
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| | (d) | any other person specified in a direction given by the |
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| Page 165, line 8 [Clause 178], leave out from ‘section,’ to end of line 10 and insert |
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| ‘omit paragraphs (a) to (d)’. |
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| Page 165, line 10 [Clause 178], at end insert— |
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| | ‘( ) | In subsection (9) of that section— |
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| | (a) | after “representatives of” insert “the Board and”, and |
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| | (b) | for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.’. |
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| Page 165, line 13 [Clause 178], after ‘trust’, insert ‘— |
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| | (a) | in subsection (7)(b), the words “goods or” are to be ignored, and |
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| | (b) | in subsections (7)(d) and (10),’. |
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| Page 165, line 14 [Clause 178], after ‘regulator.’, insert— |
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| | ‘(13) | In the case of an NHS foundation trust, the Secretary of State may direct |
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| | the regulator as to persons from whom it should direct the administrator |
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| | under subsection (10) to request or seek a response.’. |
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| Page 165, line 25 [Clause 179], for subsection (1) substitute— |
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| | ‘(1) | In section 65K of the National Health Service Act 2006 (Secretary of State’s |
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| | decision on what action to take), in subsection (1), after “a final report under |
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| | section 65I” insert “relating to an NHS trust”; and in consequence of that, for the |
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| | title to that section substitute “Secretary of State’s decision in case of NHS trust”. |
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| | (1A) | After that section insert— |
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| | “65KA | Regulator’s decision in case of NHS foundation trust |
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| | (1) | Within the period of 20 working days beginning with the day on which |
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| | the regulator receives a final report under section 65I relating to an NHS |
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| | foundation trust, the regulator must decide whether it is satisfied— |
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| | (a) | that the action recommended in the final report would achieve |
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| | the objective set out in section 65DA, and |
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| | (b) | that the trust special administrator has carried out the |
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| | (2) | In subsection (1)(b), “administration duties” means the duties imposed |
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| | (b) | a direction under this Chapter, or |
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| | (c) | the administrator’s terms of appointment. |
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| | (3) | If the regulator is satisfied as mentioned in subsection (1), it must as soon |
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| | as reasonably practicable provide to the Secretary of State— |
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| | (a) | the final report, and |
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| | (b) | the report provided to the regulator by the Care Quality |
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| | Commission under section 65D(3). |
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| | (4) | If the regulator is not satisfied as mentioned in subsection (1), it must as |
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| | soon as reasonably practicable give a notice of that decision to the |
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| | (5) | Where the regulator gives a notice under subsection (4), sections 65F to |
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| | 65J apply in relation to the trust to such extent, and with such |
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| | modifications, as the regulator may specify in the notice. |
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| | (6) | The regulator must as soon as reasonably practicable after giving a notice |
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| | (b) | lay a copy of it before Parliament. |
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| | 65KB | Secretary of State’s response to regulator’s decision |
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| | (1) | Within the period of 30 working days beginning with the day on which |
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| | the Secretary of State receives the reports referred to in section 65KA(3), |
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| | the Secretary of State must decide whether the Secretary of State is |
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| | (a) | that the persons to which the NHS foundation trust in question |
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| | provides services under this Act have discharged their functions |
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| | for the purposes of this Chapter, |
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| | (b) | that the trust special administrator has carried out the |
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| | administration duties (within the meaning of section |
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| | (c) | that the regulator has discharged its functions for the purposes of |
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| | (d) | that the action recommended in the final report would secure the |
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| | continued provision of the services provided by the trust to |
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| | which the objective set out in section 65DA applies, |
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| | (e) | that the recommended action would secure the provision of |
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| | services that are of sufficient safety and quality to be provided |
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| | (f) | that the recommended action would provide good value for |
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| | (2) | If the Secretary of State is not satisfied as mentioned in subsection (1), |
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| | the Secretary of State must as soon as reasonably practicable— |
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| | (a) | give the trust special administrator a notice of the decision and of |
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| | (b) | give a copy of the notice to the regulator; |
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| | (d) | lay a copy of it before Parliament. |
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| | 65KC | Action following Secretary of State’s rejection of final report |
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| | (1) | Within the period of 20 working days beginning with the day on which |
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| | the trust special administrator receives a notice under section 65KB(2), |
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| | the administrator must provide to the regulator the final report varied so |
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| | far as the administrator considers necessary to secure that the Secretary |
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| | of State is satisfied as mentioned in section 65KB(1). |
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| | (2) | Where the administrator provides to the regulator a final report under |
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| | subsection (1), section 65KA applies in relation to the report as it applies |
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| | in relation to a final report under section 65I; and for that purpose, that |
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| | section has effect as if— |
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| | (a) | in subsection (1), for “20 working days” there were substituted |
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| | (b) | subsection (3)(b) were omitted. |
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| | (3) | If the Secretary of State thinks that, in the circumstances, it is not |
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| | reasonable for the administrator to be required to carry out the duty under |
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| | subsection (1) within the period mentioned in that subsection, the |
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| | Secretary of State may by order extend the period. |
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| | (4) | If an order is made under subsection (3), the administrator must— |
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| | (a) | publish a notice stating the date on which the period will expire, |
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| | (b) | where the administrator is proposing to carry out consultation in |
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| | response to the notice under section 65KB(2), publish a |
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| | statement setting out the means by which the administrator will |
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| | consult during the extended period. |
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| | 65KD | Secretary of State’s response to re-submitted final report |
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| | (1) | Within the period of 30 working days beginning with the day on which |
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| | the Secretary of State receives a final report under section 65KA(3) as |
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| | applied by section 65KC(2), the Secretary of State must decide whether |
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| | the Secretary of State is, in relation to the report, satisfied as to the |
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| | matters in 65KB(1)(a) to (f). |
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| | (2) | If the Secretary of State is not satisfied as mentioned in subsection (1), |
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| | the Secretary of State must as soon as reasonably practicable— |
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| | (a) | publish a notice of the decision and the reasons for it; |
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| | (b) | lay a copy of the notice before Parliament. |
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| | (3) | Where the Secretary of State publishes a notice under subsection (2)(a), |
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| | subsections (4) to (8) apply. |
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| | (4) | If the notice states that the Board has failed to discharge a function— |
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| | (a) | the Board is to be treated for the purposes of this Act as having |
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| | failed to discharge the function, and |
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| | (b) | the failure is to be treated for those purposes as significant (and |
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| | section 13Z1 applies accordingly). |
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| | (5) | If the notice states that a clinical commissioning group has failed to |
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| | (a) | the group is to be treated for the purposes of this Act as having |
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| | failed to discharge the function, |
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| | (b) | the Secretary of State may exercise the functions of the Board |
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| | under section 14Z19(2), (3)(a) and (8)(a), and |
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| | (c) | the Board may not exercise any of its functions under section |
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| | (6) | Where, by virtue of subsection (5)(b), the Secretary of State exercises the |
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| | function of the Board under subsection (3)(a) of section 14Z19, |
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| | subsection (9)(a) of that section applies but with the substitution for the |
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| | references to the Board of references to the Secretary of State. |
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| | (7) | If the notice states that the trust special administrator has failed to |
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| | discharge the administration duties (within the meaning of section |
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| | |
| | (a) | the administration duties are to be treated for the purposes of this |
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| | Act as functions of the regulator, |
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| | (b) | the regulator is to be treated for the purposes of this Act as having |
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| | failed to discharge those functions, and |
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| | (c) | the failure is to be treated for those purposes as significant (and |
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| | section 66 of the Health and Social Care Act 2011 applies |
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| | accordingly, but with the omission of subsection (3)). |
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| | (8) | If the notice states that the regulator has failed to discharge a function— |
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| | (a) | the regulator is to be treated for the purposes of this Act as having |
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| | failed to discharge the function, and |
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| | (b) | the failure is to be treated for those purposes as significant (and |
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| | section 66 of the Health and Social Care Act 2011 applies |
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| | accordingly, but with the omission of subsection (3)). |
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| | (9) | Within the period of 60 working days beginning with the day on which |
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| | the Secretary of State publishes a notice under subsection (2)(a), the |
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| | Secretary of State must decide what action to take in relation to the trust. |
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| | (10) | The Secretary of State must as soon as reasonably practicable— |
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| | (a) | publish a notice of the decision and the reasons for it; |
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| | (b) | lay a copy of the notice before Parliament.”’. |
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