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| | (b) | obtain the approval of the Secretary of State. |
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| | (4) | If the Secretary of State approves the proposed criteria, Monitor must— |
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| | (a) | publish the criteria, |
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| | (b) | determine, by applying the criteria, to which trusts the order should |
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| | |
| | (c) | notify the Secretary of State of its determination, and |
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| | (d) | publish a list of the trusts concerned. |
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| | (5) | If the Secretary of State does not approve the proposed criteria, Monitor must |
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| | propose revised criteria; and subsections (3)(b) and (4) apply in relation to the |
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| | proposed revised criteria as they apply in relation to the criteria previously |
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| | |
| | (6) | If, having received a notification under subsection (1), Monitor proposes to set |
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| | criteria the same as those it set on the last occasion it received a notification under |
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| | that subsection, it need not comply with subsection (3)(a). |
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| | (7) | A section [Duration of transitional period](2)(b) order— |
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| | (a) | must apply to all the trusts that are determined under subsection (4)(b) as |
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| | being the trusts to which the order should apply (and to no others); |
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| | (b) | may specify the trusts to which it applies by reference to their inclusion |
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| | in the list published under subsection (4)(d). |
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| | (8) | Subsection (9) applies where — |
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| | (a) | a section [Duration of transitional period](2)(b) order is in force at a time |
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| | when there is in existence an NHS foundation trust authorised after 1 |
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| | |
| | (b) | the initial two-year period in relation to that trust has yet to come to an |
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| | |
| | |
| | (a) | determine, by applying the criteria it applied under subsection (4)(b), |
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| | whether section 117 should continue to have effect in relation to the trust |
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| | after the end of the initial two-year period, |
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| | (b) | notify the Secretary of State of its determination, and |
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| | (c) | publish its determination. |
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| | (10) | If Monitor determines under subsection (9)(a) that section 117 should so continue |
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| | to have effect, the trust is to be treated as if it had been authorised on or before 1 |
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| | April 2014 and as if the order referred to in subsection (7)(a) applied to it; and |
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| | section [Duration of transitional period](5) is accordingly to apply in relation to |
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| | |
| | (11) | If Monitor determines under subsection (9)(a) that section 117 should not so |
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| | continue to have effect, section 117 ceases to have effect in relation to the trust |
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| | immediately after the end of the initial two-year period.’. |
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| |
| | Repeal of sections [Duration of transitional period] and [Orders under section [Duration |
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| | of transitional period] that apply to only some trusts] |
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| | |
| To move the following Clause:— |
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| |
| |
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| | ‘(1) | Sections [Duration of transitional period] and [Orders under section [Duration |
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| | of transitional period] that apply to only some trusts] are repealed immediately |
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| | after section 117 is repealed; and in consequence of that— |
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| | (a) | in section 62(2)(a), omit “or under sections 117 and [Orders under |
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| | section [Duration of transitional period] that apply to only some trusts] |
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| | of this Act (imposition of licence conditions on NHS foundation trusts |
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| | during transitional period)”, |
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| | |
| | (c) | in section 94(4), after paragraph (a) insert “and”, |
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| | (d) | in section 94(4), omit paragraph (c) and the preceding “and”, and |
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| | (e) | omit section 302(5)(e) and (8A). |
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| | (2) | This section is repealed immediately after sections [Duration of transitional |
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| | period] and [Orders under section [Duration of transitional period] that apply to |
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| | only some trusts] are repealed.’. |
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| |
| | NHS Foundations Trusts: phasing out of provision of private health care |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘The Secretary of State must make regulations which provide for NHS |
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| | Foundation Trusts to be prevented from providing services other than those of the |
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| | health service in England within three years of Royal Assent of this Act.’. |
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| |
| | Private health care: rules |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Section 44 of the National Health Service Act 2006 (Private healthcare) is |
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| | |
| | (2) | Insert new subsection (A1) as follows— |
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| | “(A1) | NHS Foundation Trusts must act in accordance with the following rules |
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| | when carrying out their functions under this section— |
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| | (a) | NHS Foundation Trusts are not permitted to operate NHS |
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| | functions or contracts in a manner which promotes their private |
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| | |
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| |
| |
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| | (b) | any private healthcare service offered should only be within the |
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| | provision of the services and procedures which are not also |
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| | duplicated by the Trust’s NHS functions or contracts; and |
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| | (c) | the Trust should at all times operate any private healthcare |
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| | interest in a manner which in no way conflicts with its |
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| | responsibility to provide unfettered access of its NHS patients to |
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| | |
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| |
| | |
| Page 86, line 23 [Clause 62], leave out from ‘sections’ to ‘transitional’ in line 24 |
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| and insert ‘117 and [Orders under section [Duration of transitional period] that apply to |
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| only some trusts] of this Act (imposition of licence conditions on NHS foundation trusts |
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| |
| |
| | |
| Page 86, line 27 [Clause 62], leave out ‘116 and 117’ and insert ‘117 and [Orders |
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| under section [Duration of transitional period] that apply to only some trusts]’. |
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| |
| |
| | |
| | Page 106, line 40 [Clause 93], at end insert— |
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| | ‘(4) | The criteria published under subsections (1) and (2) may, in particular, include |
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| | requirements on an NHS Foundation Trust to increase the proportion of the |
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| | Trust’s services which are provided for the purposes of NHS patients.’. |
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| |
| |
| | |
| Page 120, line 10, leave out Clause 116. |
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| |
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| | |
| Page 121, line 7 [Clause 117], leave out subsection (1). |
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| | |
| Page 121, line 9 [Clause 117], leave out ‘the’ and insert ‘an NHS foundation’. |
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| Page 121, line 13 [Clause 117], leave out ‘the designation expires’ and insert ‘this |
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| section ceases, by virtue of section [Duration of transitional period], to have effect in |
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| |
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| | |
| Page 121, line 33 [Clause 117], leave out subsection (7). |
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| Page 122, line 3 [Clause 117], leave out subsection (12). |
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| | |
| Page 159, line 24, leave out Clause 168. |
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| |
| Amendments providing for commissioning consortia to be known as |
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| clinical commissioning groups |
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| |
| | |
| Page 3, line 36 [Clause 6], leave out ‘commissioning consortia’ and insert ‘clinical |
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| |
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| Page 4, line 10 [Clause 7], leave out ‘commissioning consortia’ and insert ‘clinical |
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| |
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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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| |
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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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| |
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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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| |
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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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| |
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| |
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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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| |
| |
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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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| |
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