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| Page 316, line 20 [Schedule 5], after ‘to’, insert ‘the Secretary of State,’. |
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| Page 316, line 29 [Schedule 5], at end insert— |
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| | ‘() | After subsection (7) insert— |
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| | “(7A) | References in this Act to a hospital or accommodation made available |
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| | or provided pursuant to arrangements made by the Secretary of State |
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| | under the National Health Service Act 2006 are references to a |
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| | hospital or accommodation made available or provided pursuant to |
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| | arrangements so made in the exercise of the public health functions of |
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| | the Secretary of State (within the meaning of that Act). |
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| | (7B) | References in this Act to arrangements made by the National Health |
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| | Service Commissioning Board or a clinical commissioning group |
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| | under the National Health Service Act 2006 include references to |
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| | arrangements so made by virtue of section 7A of that Act.”’. |
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| Page 316, line 40 [Schedule 5], after ‘services’, insert ‘(including services that may |
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| be provided pursuant to such arrangements by virtue of section 7A of that Act)’. |
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| Page 317, line 31 [Schedule 5], leave out from ‘substitute’ to end of line 33 and |
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| insert ‘“by any person in pursuance of arrangements made by the National Health Service |
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| Commissioning Board or by a clinical commissioning group under the National Health |
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| Service Act 2006 (including by virtue of section 7A of that Act)”.’. |
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| Page 318, line 22 [Schedule 5], at end insert— |
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| | ‘ | The Health Service Commissioners Act 1993 is amended as follows. |
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| | | In section 2 (health service bodies subject to investigation), in subsection (1)— |
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| | |
| | (b) | omit paragraph (da), and |
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| | (c) | after paragraph (db) insert— |
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| | “(dc) | the National Health Service Commissioning Board, |
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| | (dd) | clinical commissioning groups.”’. |
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| | | In section 2A (health service providers subject to investigation), in subsection |
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| | (1)(a) for “a Primary Care Trust” substitute “the National Health Service |
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| | |
| | (1) | Section 14 (reports etc. by the Commissioner) is amended as follows. |
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| | |
| | (a) | at the end of paragraph (c) insert “and”, and |
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| | (b) | omit paragraph (e) and the preceding “and”. |
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| | |
| | (a) | at the end of paragraph (d) insert “and”, and |
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| | (b) | omit paragraph (f) and the preceding “and”. |
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| | |
| | (a) | at the end of paragraph (d) insert “and”, and |
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| | (b) | omit paragraph (f) and the preceding “and”. |
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| | (5) | Omit subsection (2E)(e). |
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| | |
| | (a) | at the end of paragraph (c) insert “and”, and |
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| | (b) | omit paragraph (e) and the preceding “and”.’. |
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| Page 318, line 23 [Schedule 5], leave out ‘of the Health Service Commissioners |
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| Page 322, line 36 [Schedule 5], at end insert— |
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| | ‘Regulation of Investigatory Powers Act 2000 (c. 23) |
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| | | In section 4 of the Regulation of Investigatory Powers Act 2000 (power to |
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| | provide for lawful interception) in subsection (5) for “section 8 of the National |
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| | Health Service Act 2006” substitute “section 4(3A)(a) of the National Health |
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| Page 323, line 5 [Schedule 5], at end insert— |
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| | ‘(d) | in sub-paragraph (a) of paragraph 43A, after “made under” insert |
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| Page 323, line 29 [Schedule 5], after ‘2006’, insert ‘(including by virtue of section |
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| Page 325, line 16 [Schedule 5], at end insert— |
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| | ‘ | In section 113 (complaints about health care), in subsection (1), after |
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| | |
| | “(d) | anything done by the National Health Service Commissioning |
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| | Board or a clinical commissioning group in pursuance of |
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| | arrangements made under section 7A of the National Health |
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| Page 326, line 17 [Schedule 5], at end insert— |
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| | ‘“( ) | the Secretary of State, in relation to the exercise of functions under |
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| | section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the |
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| | National Health Service Act 2006,’. |
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| Page 327, line 18 [Schedule 5], at end insert— |
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| | ‘Civil Contingencies Act 2004 (c. 36) |
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| | (1) | Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 |
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| | responders) is amended as follows. |
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| | (2) | In Part 1 (which contains the general list of Category 1 responders)— |
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| | (a) | after the cross-heading “Health” insert— |
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| | “4A | The National Health Service Commissioning Board.”, and |
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| | |
| | (3) | In Part 3 (which contains the general list of Category 2 responders)— |
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| | (a) | after the cross-heading “Health” insert— |
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| | “29ZA | A clinical commissioning group established under section |
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| | 14D of the National Health Service Act 2006.”, and |
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| | (b) | omit paragraph 29A.’. |
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| Page 327, line 45 [Schedule 5], leave out ‘and’ and insert— |
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| | ‘( ) | after that paragraph insert— |
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| | “(aa) | in relation to England, if the hospital falls within |
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| | paragraph (a)(i) or (ii) and no Special Health |
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| | Authority has responsibility for its administration, |
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| | the Secretary of State;”,’. |
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| Page 331, line 9 [Schedule 5], after ‘networks)’ insert ‘— |
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| | (a) | for “services-provider”, in each place it appears, substitute “responsible |
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| | |
| | (b) | in subsection (2), before paragraph (a) insert— |
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| | “(za) | the National Health Service Commissioning Board; |
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| | (zb) | a clinical commissioning group;”, |
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| Page 331, line 9 [Schedule 5], at end insert ‘, and |
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| | ( ) | in the title, for “services-providers” substitute “responsible persons”. |
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| Page 333, line 24 [Schedule 5], leave out ‘or 12’. |
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| Page 335, line 45 [Schedule 5], at end insert— |
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| | ‘ | In section 36 (disclosure of information by Her Majesty’s Revenue and |
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| | Customs), in subsection (3) after paragraph (a) insert— |
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| | “(aa) | the National Health Service Commissioning Board;”.’. |
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| Page 336, line 36 [Schedule 6], at end insert— |
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| | ‘Modification of requirements as to consultation |
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| | (1) | If, at any time before the commencement of section 6, the Secretary of State |
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| | consults a Special Health Authority as to the making of regulations under |
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| | section 3B of the 2006 Act (as inserted by section 12), the consultation is to be |
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| | treated for the purposes of subsection (4)(b) of section 3B as consultation with |
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| | |
| | (2) | If, at any time before the commencement of section 6, the Secretary of State |
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| | consults a Special Health Authority about the objectives or requirements to be |
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| | included in the first mandate published under section 13A of the 2006 Act (as |
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| |
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| | inserted by section 20), the consultation is to be treated for the purposes of |
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| | subsection (8)(a) of section 13A as consultation with the Board.’. |
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| Page 336, line 37 [Schedule 6], at end insert— |
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| | ‘1A(1) | This paragraph applies if section 18 is commenced before section 29(1). |
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| | (2) | Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if |
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| | after “Special Health Authority” there were inserted “or Strategic Health |
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| | |
| | (3) | Sub-paragraph (4) applies in relation to any direction given under section 7(1) |
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| | of the 2006 Act to a Strategic Health Authority which has effect immediately |
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| | before section 18 is commenced. |
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| | (4) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Strategic Health Authority under section 7(1) of the 2006 Act (as |
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| | it has effect by virtue of sub-paragraph (2)). |
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| | (5) | Sub-paragraph (6) applies in relation to any direction given under section 7(2) |
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| | of the 2006 Act to a Special Health Authority in respect of the functions of a |
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| | Strategic Health Authority which has effect immediately before section 18 is |
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| | |
| | (6) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Special Health Authority in respect of the functions of the |
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| | Strategic Health Authority under section 7(1) of the 2006 Act. |
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| | (7) | Any reference in this paragraph to section 7(1) of the 2006 Act is a reference |
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| | to that provision as amended by section 18.’. |
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| Page 337, line 24 [Schedule 6], at end insert— |
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| | ‘ | Any reference in paragraphs 1A to 3 to the commencement of section 18 is to |
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| | its commencement by virtue of an order under section 304(4) (and not to its |
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| | commencement for limited purposes by virtue of section 304(1)(d)).’. |
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| Page 337, line 28 [Schedule 6], after “Trusts”, insert “or Strategic Health |
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| Page 339, line 14 [Schedule 6], at end insert— |
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| | ‘() | Any reference (however expressed) in the following provisions of Chapter A2 |
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| | of Part 2 of the National Health Service Act 2006 to the functions of a clinical |
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| | commissioning group includes a reference to the functions of a Primary Care |
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| | Trust that are exercisable by the group by virtue of sub-paragraph (1)— |
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| | |
| | (j) | section 14Y(1) and (2), |
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| | |
| | (n) | section 14Z5(7) insofar as it defines “commissioning functions” in |
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| | (o) | sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3), |
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| | (p) | in Schedule 1A, paragraphs 3(1) and (3), 5 and 11(6)(b).’. |
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| |
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| Page 339, line 14 [Schedule 6], at end insert— |
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| | ‘() | Arrangements made under sub-paragraph (1) do not affect the liability of the |
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| | Primary Care Trust for the exercise of any of its functions.’. |
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| |
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| Page 339, line 14 [Schedule 6], at end insert— |
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| | ‘Power to make payments to the Board during initial period |
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| | (1) | The Secretary of State may make payments to the Board of such amounts as |
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| | the Secretary of State considers appropriate towards meeting the expenditure |
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| | of the Board which is attributable to the performance by it of its functions |
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| | during the initial period. |
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| | (2) | Payments under sub-paragraph (1) may be made at such times and on such |
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| | terms and conditions as the Secretary of State considers appropriate.’. |
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| Page 339, line 14 [Schedule 6], at end insert— |
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| | ‘Support for clinical commissioning groups during initial period |
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| | (1) | A Primary Care Trust may provide assistance or support to a clinical |
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| | commissioning group during the initial period. |
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| | (2) | The assistance that may be provided includes— |
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| | (a) | financial assistance, and |
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| | (b) | making the services of the Trust’s employees or any other resources of |
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| | the Trust available to the group. |
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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 378, line 21 [Schedule 15], at end insert— |
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| | ‘(5) | The regulations may impose duties on a responsible person as respects |
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| | responding to requests for information made by a person who has power to |
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| | appoint a member of an LHW when discharging the duty imposed by virtue of |
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| | |
| | (6) | In sub-paragraph (5), “responsible person” means a responsible person for the |
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| | purposes of section 224(1).’. |
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| Page 381, line 25 [Schedule 16], at end insert— |
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| | ‘ | Omit section 70 (abolition of the Central Council for Education and Training |
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| | |
|