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| | Page 133, line 33 [Clause 131], leave out ‘in the case of a provider which is a |
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| | Page 133, line 35 [Clause 131], leave out ‘company’ and insert ‘provider’. |
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| | Page 133, line 40 [Clause 131], after ‘section’ insert ‘— |
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| | | (a) | a reference to a person qualified to act as an insolvency practitioner in |
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| | | relation to a company is to be construed in accordance with Part 13 of the |
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| | | Insolvency Act 1986 (insolvency practitioners and their qualifications); |
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| | Page 134, line 4 [Clause 131], leave out paragraph (a). |
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| | Page 134, line 12 [Clause 131], leave out ‘, in relation to a company,’. |
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| | Page 134, line 15 [Clause 131], leave out from ‘means’ to end of line 16 and insert |
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| | ‘a company which is providing services to which a condition included in the company’s |
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| | licence under section 104(1)(i), (j) or (k) applies;’. |
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| | Page 134, line 21 [Clause 132], leave out from ‘of’ to ‘, and’ in line 23 and insert |
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| | ‘such of the health care services provided for the purposes of the NHS by the company |
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| | subject to the health special administration order, at such level, as the commissioners of |
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| | those services determine by applying criteria specified in health special administration |
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| | regulations (see section 133)’. |
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| | Page 134, line 28 [Clause 132], leave out ‘NHS foundation trust or’. |
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| | Page 134, line 32 [Clause 132], leave out ‘licence holder’ and insert ‘person’. |
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| | Page 134, line 33 [Clause 132], leave out ‘NHS foundation trust or’. |
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| | Page 134, line 35 [Clause 132], leave out ‘licence holders’ and insert ‘persons’. |
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| | Page 134, line 38 [Clause 132], leave out ‘in the case of a company’. |
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| | Page 135, line 1 [Clause 132], leave out ‘NHS foundation trust or’. |
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| | Page 135, line 4 [Clause 132], leave out ‘trust or’. |
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| | Page 135, line 6 [Clause 132], leave out ‘trust’s or’. |
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| | Page 135, line 9 [Clause 132], leave out ‘in the case of a company,’. |
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| | Page 135, line 10 [Clause 132], leave out ‘its’ and insert ‘the company’s’. |
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| | Page 135, line 33 [Clause 133], at end insert— |
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| | | ‘( ) | Health special administration regulations may in particular make provision about |
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| | | the publication and maintenance by Monitor of a list of relevant providers.’. |
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| | Page 135, line 33 [Clause 133], at end insert— |
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| | | ‘( ) | Health special administration regulations may in particular— |
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| | | (a) | require Monitor to publish guidance for commissioners about the |
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| | | application of the criteria referred to in section 132(1)(a); |
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| | | (b) | confer power on Monitor to revise guidance published by virtue of |
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| | | paragraph (a) and require it to publish guidance so revised; |
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| | | (c) | require Monitor, before publishing guidance by virtue of paragraph (a) or |
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| | | (b), to obtain the approval of the Secretary of State and the National |
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| | | Health Service Commissioning Board; |
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| | | (d) | require commissioners, when applying the criteria referred to in section |
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| | | 132(1)(a), to have regard to such matters as Monitor may specify in |
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| | | guidance published by virtue of paragraph (a); |
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| | | (e) | require the National Health Service Commissioning Board to make |
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| | | arrangements for facilitating agreement between commissioners in their |
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| | | exercise of their function under section 132(1)(a); |
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| | | (f) | confer power on the Board, where commissioners fail to reach agreement |
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| | | in pursuance of arrangements made by virtue of paragraph (e), to exercise |
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| | | their function under section 132(1)(a); |
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| | | (g) | provide that, in consequence of the exercise of the power conferred by |
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| | | virtue of paragraph (f), the function under section 132(1)(a), so far as |
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| | | applying to the commissioners concerned, is to be regarded as |
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| | | (h) | require a health special administrator to carry out in accordance with the |
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| | | regulations consultation on the action which the administrator |
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| | | recommends should be taken in relation to the provider concerned.’. |
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| | Page 135, line 42 [Clause 133], leave out paragraph (c). |
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| | Page 136, line 5 [Clause 133], at end insert— |
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| | | ‘( ) | the power to make rules in relation to Scotland is exercisable by the |
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| | Page 136, line 19 [Clause 134], leave out ‘licence holder’ and insert ‘person’. |
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| | Page 136, line 21 [Clause 134], at end insert ‘, and |
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| | | ( ) | for modifications made to a transfer scheme by virtue of paragraph (b) to |
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| | | have effect from such time as Monitor may specify (which may be a time |
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| | | before the modifications were made).’. |
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| | Page 136, line 23 [Clause 134], at end insert— |
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| | | ‘(za) | for the transfer of rights and liabilities under or in connection with a |
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| | | contract of employment from a company subject to a health special |
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| | | administration order to another person,’. |
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| | Page 136, line 24 [Clause 134], leave out ‘rights and liabilities’ and insert ‘or rights |
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| | and liabilities other than those mentioned in paragraph (za)’. |
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| | Page 136, line 24 [Clause 134], leave out ‘an NHS foundation trust or’ and insert |
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| | Page 136, line 26 [Clause 134], leave out ‘licence holder’ and insert ‘person’. |
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| | Page 136, line 26 [Clause 134], leave out ‘licence holder’ and insert ‘NHS body’. |
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| | Page 136, line 26 [Clause 134], leave out ‘(including’ and insert— |
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| | | ‘( ) | for the transfer of’. |
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| | Page 137, line 10 [Clause 137], after ‘to’, insert ‘— |
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| | Page 137, line 11 [Clause 137], at end insert ‘, or |
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| | | (b) | an order under section 65D(2) of the National Health Service Act 2006 |
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| | | (trust special administration for NHS foundation trusts).’. |
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| | Page 137, line 16 [Clause 137], after ‘135’, insert ‘or under section 65D(11) of the |
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| | National Health Service Act 2006’. |
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| | Page 137, line 27 [Clause 137], leave out subsection (6). |
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| | Page 138, line 16 [Clause 139], leave out ‘health’. |
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| | Page 138, line 17 [Clause 139], leave out ‘health’. |
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| | Page 138, line 27 [Clause 139], leave out ‘health’. |
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| | Page 138, line 32 [Clause 139], leave out ‘health’. |
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| | Page 139, line 5 [Clause 139], leave out from ‘Chapter’ to end of line 6 and insert |
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| | | (a) | “special administrator” means— |
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| | | (i) | a person appointed as a health special administrator under |
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| | | (ii) | a person appointed as a trust special administrator under section |
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| | | 65D(2) of the National Health Service Act 2006, and |
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| | | (b) | references to being in special administration are to be construed |
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| | Page 139, line 11 [Clause 140], leave out ‘designated services’ and insert ‘one or |
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| | more of the health care services that it provides for the purposes of the NHS’. |
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| | Page 139, line 17 [Clause 140], leave out ‘health’. |
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| | Page 139, line 32 [Clause 141], leave out ‘designated services’ and insert ‘health |
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| | care services for the purposes of the NHS’. |
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| | Page 143, line 19 [Clause 146], leave out ‘health’. |
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| | Page 144, line 12 [Clause 147], after ‘6,’ insert— |
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| | | ‘( ) | the procedure for trust special administration for NHS foundation trusts |
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| | | under Chapter 5A of Part 2 of the National Health Service Act 2006,’. |
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| | Page 147 [Clause 153], leave out line 34. |
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| | Page 156, line 38, leave out Clause 166. |
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| | Page 156, line 39 [Clause 166], leave out subsections (1) and (2). |
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| | Page 157 [Clause 166], leave out lines 7 to 11 and insert— |
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| | | ‘(6) | In relation to each exercise of the power under that subsection during the |
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| | | year to which the report relates, the report must specify the amount of the |
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| | | loan, issue of public dividend capital, grant or other payment and— |
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| | | (a) | in the case of a loan, the amount (if any) outstanding at the end |
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| | | of the year and the other terms on which the loan was made, |
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| | | (b) | in the case of an issue of public dividend capital, the terms on |
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| | | which it was issued (or, where a decision under section 42(3) is |
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| | | made in relation to it during that year, the terms so decided as |
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| | | those on which it is treated as having been issued), and |
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| | | (c) | in the case of a grant or other payment, the terms on which it was |
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| | Page 157, line 17 [Clause 166], at end insert— |
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| | | ‘(7A) | A report under subsection (5) must, in relation to each NHS foundation |
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| | | (a) | the amount of the public dividend capital of that trust at the end |
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| | | of the year to which the report relates, and |
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| | | (b) | the conditions on which it is held.’. |
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| | Page 157, line 21 [Clause 166], leave out paragraph (a). |
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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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