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| | Page 257, line 14 [Clause 299], leave out ‘section 300’ and insert ‘sections 300 and |
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| | [Subsequent property transfer schemes]’. |
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| | Page 257, line 18 [Clause 299], at end insert ‘or the Board’. |
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| | Page 257, line 29, leave out Clause 300. |
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| | Page 259, line 39 [Clause 302], leave out from ‘section’ to end of line 40 and insert |
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| | ‘[Duration of transitional period] (extension of transitional period during which licence |
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| | conditions may be imposed on NHS foundation trusts)’. |
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| | Page 260, line 11 [Clause 302], leave out subsection (6) and insert— |
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| | | ‘(6) | An order by the Privy Council under this Act that includes provision which |
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| | | would, if included in an Act of the Scottish Parliament, fall within the legislative |
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| | | competence of that Parliament is subject to the negative procedure in that |
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| | | Parliament (in addition to the statutory instrument containing the order being |
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| | | subject to annulment under subsection (3)). |
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| | | (6A) | Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act |
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| | | 2010 (negative procedure etc.) apply in relation to an order of the description |
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| | | given in subsection (6) as they apply in relation to devolved subordinate |
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| | | legislation (within the meaning of Part 2 of that Act) that is subject to the negative |
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| | | procedure, but as if references to a Scottish statutory instrument were references |
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| | | to a statutory instrument. |
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| | | (6B) | Section 32 of that Act (laying) shall apply in relation to the laying of a statutory |
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| | | instrument containing an order of the description given in subsection (6) before |
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| | | the Scottish Parliament as it applies in relation to the laying of a Scottish statutory |
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| | | instrument (within the meaning of Part 2 of that Act) before that Parliament.’. |
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| | Page 260, line 37 [Clause 302], leave out ‘or transitional’ and insert ‘, transitional |
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| | Page 260, line 42 [Clause 302], at end insert— |
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| | | ‘(8A) | If a draft of a statutory instrument containing an order under section [Duration of |
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| | | transitional period] would, but for this subsection, be treated for the purposes of |
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| | | the Standing Orders of either House of Parliament as a hybrid instrument, it is to |
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| | | proceed in that House as if it were not a hybrid instrument.’. |
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| | Page 260, line 45 [Clause 302], leave out ‘must be given by regulations or’ and |
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| | |
| | | (a) | must, in the case of a direction under any of the following provisions, be |
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| | | given by regulations or an instrument in writing— |
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| | | (i) | section 66(2) (direction to Monitor to perform functions); |
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| | | (ii) | section 237(1) (direction to NICE to prepare quality standards); |
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| | | (iii) | section 248(1) (direction to NICE to perform functions); |
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| | | (iv) | section 252(8) (direction to Board to be transitional |
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| | | commissioner in relation to pre-commencement statements of |
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| | | |
| | | (v) | section 257(1) (direction to Information Centre to establish |
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| | | |
| | | (vi) | section 258(6) or (7) (direction to Information Centre to comply, |
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| | | or not to comply, with request to establish information systems); |
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| | | (vii) | section 262(2)(d) (direction to Information Centre that |
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| | | information of specified description is not subject to duty to |
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| | | |
| | | (viii) | section 271(1) (direction to Information Centre to perform |
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| | | |
| | | (ix) | paragraph 4 of Schedule 6 (direction to Board to exercise |
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| | | functions of Secretary of State relating to Primary Care Trusts), |
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| | | (b) | must, in the case of any other direction, be given by’. |
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| | Page 261, line 19 [Clause 304], at end insert— |
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| | | ‘(1A) | Section 29 comes into force in accordance with sections 29(3) and (4).’. |
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| | Page 261, line 29 [Clause 304], leave out from beginning to ‘may’ in line 30 and |
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| | insert ‘Transitory provision in an order under subsection (2) or (4)’. |
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| | Page 261, line 43 [Clause 305], at end insert— |
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| | | ‘( ) | section 42 insofar as it inserts section 252A(7A) of the National Health |
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| | Page 262, line 16 [Clause 305], leave out subsection (4). |
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| | Page 262, line 18 [Clause 305], leave out ‘The following provisions’ and insert |
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| | ‘Sections 131 to 136 (health special administration)’. |
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| | Page 262, line 19 [Clause 305], leave out paragraphs (a) and (b). |
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| | Page 269, line 21 [Schedule 2], leave out from ‘consortium’ to end of line 24. |
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| | Page 269 [Schedule 2], leave out lines 25 to 29 and insert— |
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| | | ‘(3) | The arrangement must include provision for the functions of the clinical |
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| | | commissioning group to be exercised by, and only by, its employees on its |
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| | Page 269 [Schedule 2], leave out line 29. |
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| | Page 269, line 29 [Schedule 2], at end insert— |
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| | | ‘(4) | Nothing in paragraph (3) shall authorise the inclusion of any provision for any of |
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| | | such functions to be exercised by— |
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| | | (a) | any of the clinical commissioning group’s members who hold or benefit |
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| | | from contracts to provide primary medical services under section 83(2); |
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| | | (b) | individuals who have been employees of such members; or |
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| | | (c) | by a governing body, committee or sub-committee which consists |
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| | | entirely or mainly of such members.’. |
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| | Page 270 [Schedule 2], leave out lines 21 to 23. |
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| | Page 270, line 30 [Schedule 2], at end insert— |
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| | | ‘() | In this paragraph, references to the functions of the governing body of a |
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| | | clinical commissioning group include references to the functions of the clinical |
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| | | commissioning group which are exercisable by the governing body under |
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| | | arrangements specified in the constitution by virtue of paragraph 3(3).’. |
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| | Page 271, line 18 [Schedule 2], leave out from ‘employees’ to ‘under’ in line 19 |
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| | and insert ‘remuneration and travelling or other allowances in accordance with |
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| | determinations made by its governing body’. |
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| | Page 271, line 21 [Schedule 2], after ‘determine’, insert ‘having due regard to |
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| | agreements made by the NHS Staff Council’. |
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| | Page 272, line 13 [Schedule 2], leave out from ‘pay’ to end of line 14 and insert |
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| | ‘remuneration and travelling or other allowances to the accountable officer in accordance |
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| | with determinations made by its governing body under section 14L(3)(a)’. |
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| | Page 272, line 14 [Schedule 2], at end insert— |
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| | | ‘(5A) | A clinical commissioning group may, for or in respect of its accountable |
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| | | officer, make arrangements for providing pensions, allowances or gratuities. |
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| | | (5B) | The arrangements that may be made under sub-paragraph (5A) include |
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| | | arrangements for the provision of pensions, allowances or gratuities by way of |
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| | | compensation to or in respect of the accountable officer where the officer |
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| | | suffers loss of office or loss or diminution of emoluments. |
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| | | (5C) | Where a clinical commissioning group has, by virtue of paragraph 10(4), |
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| | | established a pension scheme, the arrangements that may be made under sub- |
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| | | paragraph (5A) include arrangements for the accountable officer to be a |
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| | Page 272, line 26 [Schedule 2], at end insert— |
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| | | ‘Remuneration etc for members of governing bodies |
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| | | (1) | A clinical commissioning group may pay members of its governing body such |
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| | | remuneration and travelling or other allowances as it considers appropriate. |
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| | | (2) | A clinical commissioning group may, for or in respect of such members of its |
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| | | governing body as it may determine, make arrangements for providing |
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| | | pensions, allowances or gratuities. |
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| | | (3) | Such arrangements may include the establishment and administration, by the |
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| | | clinical commissioning group or otherwise, of one or more pension schemes. |
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| | | (4) | The arrangements that may be made under sub-paragraph (2) include |
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| | | arrangements for the provision of pensions, allowances or gratuities by way of |
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| | | compensation to or in respect of any members of the governing body who |
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| | | suffer loss or diminution of emoluments. |
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| | | (5) | Where a clinical commissioning group has, by virtue of paragraph 10(4), |
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| | | established a pension scheme, the arrangements that may be made under sub- |
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| | | paragraph (2) include arrangements for members of the governing body to be |
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| | | |
| | | (6) | Sub-paragraph (2) does not apply to members of the governing body who |
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| | | |
| | | (a) | members or employees of the clinical commissioning group, or |
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| | | (b) | members or employees of a body that is a member of the clinical |
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| | Page 272, line 26 [Schedule 2], at end insert— |
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| | | ‘Additional powers in respect of payment of allowances |
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| | | | A clinical commissioning group may pay such travel or other allowances as it |
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| | | considers appropriate to any of the following— |
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| | | (a) | members of the clinical commissioning group who are individuals; |
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| | | (b) | individuals authorised to act on behalf of a member of the clinical |
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| | | commissioning group in dealings between the member and the group; |
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| | | (c) | members of any committee or sub-committee of the clinical |
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| | | commissioning group or its governing body.’. |
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| | Page 274 [Schedule 2], leave out lines 14 to 16. |
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| | Page 278 [Schedule 4], leave out lines 35 and 36 and insert— |
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| | | ‘(a) | omit “Strategic Health Authorities” and insert after “(a)”— “the National |
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| | | Health Service Commissioning Board”, and |
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| | | (b) | omit “Primary Care Trusts” and insert after “(b)” — “Clinical |
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| | Page 279, line 33 [Schedule 4], after ‘(4)’ insert ‘— |
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| | | ( ) | after paragraph (a) insert— |
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| | | |
| | | (ab) | a clinical commissioning group, |
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| | | (ac) | a local authority,”,’. |
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| | Page 279, line 35 [Schedule 4], at end insert— |
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| | | ‘() | After subsection (4) insert— |
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| | | “(4A) | In subsection (4), “local authority” has the same meaning as in section |
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| | Page 280, line 37 [Schedule 4], leave out ‘or a commissioning consortium’ and |
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| | insert ‘, a clinical commissioning group or a local authority’. |
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| | Page 280, line 41 [Schedule 4], after ‘State’, insert ‘or a local authority’. |
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| | Page 281, line 7 [Schedule 4], at end insert— |
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| | | ‘( ) | After subsection (6) insert— |
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| | | “(7) | In this section and sections 12B to 12D, “local authority” has the same |
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| | | meaning as in section 2B.”’. |
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| | |
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| | Page 281, line 10 [Schedule 4], leave out ‘or a commissioning consortium’ and |
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| | insert ‘, a clinical commissioning group or a local authority’. |
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| | Page 281, line 10 [Schedule 4], at end insert— |
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| | | ‘(2A) | Regulations made under this section must specify that— |
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| | | (a) | direct payments can not be made in respect of the whole or part of a |
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| | | course of private health care or in respect of insurance premiums which |
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| | | have the purpose of providing healthcare, and |
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| | | (b) | direct payments can only be made in respect of services which NICE has |
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| | | specified are services that can be provided by the health service, having |
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| | | particular regard to safety, efficacy and cost-effectiveness.’. |
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| | |
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| | Page 281, line 13 [Schedule 4], leave out ‘or a commissioning consortium’ and |
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| | insert ‘, a clinical commissioning group or a local authority’. |
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| | Page 281, line 15 [Schedule 4], leave out ‘or the commissioning consortium’ and |
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| | insert ‘, clinical commissioning group or local authority’. |
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| | Page 281, line 18 [Schedule 4], leave out ‘or’ and insert ‘or a local authority or as’. |
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| | Page 281, line 22 [Schedule 4], leave out ‘or a commissioning consortium’ and |
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| | insert ‘, a clinical commissioning group or a local authority’. |
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| | Page 281, line 23 [Schedule 4], at end insert— |
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| | | ‘11A | In section 12C (Direct payments pilot schemes) omit subsection (8).’. |
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| | Page 281, line 29 [Schedule 4], leave out ‘or a commissioning consortium’ and |
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