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| | Commencement: consultation with Scottish Ministers |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must consult the Scottish Ministers before making an order |
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| | under section 304(4) relating to— |
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| | (a) | section 54 (radiation protection functions), so far as relating to the |
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| | (b) | section 56 (co-operation in relation to public health functions), so far as |
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| | relating to the exercise of functions in relation to Scotland by a person to |
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| | which the provision inserted by subsection (1) of that section applies, |
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| | (c) | section 226(4) (requirement for persons advised etc. by the Professional |
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| | Standards Authority for Health and Social Care to pay fee), so far as |
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| | relating to the Scottish Ministers, |
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| | (d) | section 227(1) (funding of the Professional Standards Authority for |
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| | Health and Social Care), so far as relating to a body that regulates a |
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| | profession in Scotland which does not fall within Section G2 of Part 2 of |
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| | Schedule 5 to the Scotland Act 1998 (health professions), |
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| | (e) | section 227(4) and (5) (power of the Professional Standards Authority for |
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| | Health and Social Care to borrow), so far as relating to functions of the |
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| | Professional Standards Authority for Health and Social Care which are |
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| | exercisable in relation to— |
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| | (i) | unregulated health professionals in Scotland, unregulated health |
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| | care workers in Scotland or relevant students in Scotland, |
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| | (ii) | a body that maintains a register of persons within sub- |
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| | (iii) | a profession in Scotland which does not fall within Section G2 of |
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| | Part 2 of Schedule 5 to the Scotland Act 1998, or |
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| | (iv) | a body that regulates a profession within sub-paragraph (iii), |
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| | (f) | section 228(1) (power of the Professional Standards Authority for Health |
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| | and Social Care to advise regulatory bodies etc.), so far as relating to a |
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| | body that regulates a profession in Scotland which does not fall within |
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| | Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, |
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| | health professions and auditors), |
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| | (g) | section 229(8) (requirement for the Professional Standards Authority for |
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| | Health and Social Care to lay copy strategic reports before Parliament |
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| | etc.), so far as relating to the Scottish Parliament, |
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| | (h) | section 230 (appointments to regulatory bodies), so far as relating to— |
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| | (i) | the exercise of the appointment functions under subsection (8)(f) |
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| | of the provision inserted by that section, or |
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| | (ii) | subsection (4) of that provision, |
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| | (i) | section 231 (establishment of voluntary registers), so far as relating to the |
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| | establishment and maintenance of relevant registers, |
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| | (j) | section 232 (accreditation of voluntary registers), so far as relating to the |
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| | functions of the Professional Standards Authority for Health and Social |
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| | Care in relation to relevant registers, |
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| | (k) | Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care |
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| | Professions Council or the Professional Standards Authority for Health |
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| | and Social Care) and section 233(1) so far as relating to the Part in |
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| | (l) | paragraphs 1 to 4 of Schedule 22 (amendments of the National Health |
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| | Service (Scotland) Act 1978 relating to the relationships between the |
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| | health services) and section 296 so far as relating to those paragraphs. |
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| | “relevant registers” means— |
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| | (a) | registers of unregulated health professionals in Scotland, |
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| | (b) | registers of unregulated health care workers in Scotland, or |
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| | (c) | registers of relevant students in Scotland, |
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| | “relevant students in Scotland” means persons participating in studies in |
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| | Scotland for the purpose of becoming— |
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| | (d) | an unregulated health professional, |
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| | (e) | an unregulated health care worker, or |
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| | (f) | a member of a profession which does not fall within Section G2 |
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| | of Part 2 of Schedule 5 to the Scotland Act 1998, |
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| | “unregulated health professional” means a person who is or has been |
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| | practising as an unregulated health professional (within the meaning of |
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| | the provisions inserted by section 231) and “unregulated health |
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| | professional in Scotland” means a person who is or has been practising |
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| | “unregulated health care worker” means a person who is or has been |
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| | engaged in work as an unregulated health care worker (within the |
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| | meaning of those provisions) and “unregulated health care worker in |
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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 Officer for England. |
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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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