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324 | Page 325, line 27, at end insert— |
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| “Health and Safety at Work etc. Act 1974 (c. 37) |
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| (1) | Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary |
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| provision about the Employment Medical Advisory Service) is amended |
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| (2) | In subsection (1) for “each Primary Care Trust and Local Health Board” |
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| substitute “the National Health Service Commissioning Board or each |
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| clinical commissioning group (in relation to England) and each Local |
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| Health Board (in relation to Wales)”. |
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| (a) | omit “for one of their”, and |
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| (b) | for ““each” to “its”” substitute ““the National” to “arranges””.” |
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325 | Page 326, line 42, leave out “paragraphs 46 and 49” and insert “paragraph 46” |
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326 | Page 327, line 27, after “(1)” insert “— |
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| (a) | omit paragraph 49 of Schedule 2 to the National Health Service |
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| Reform and Health Care Professions Act 2002, and |
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327 | Page 331, line 34, at end insert— |
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| “Local Government and Housing Act 1989 (c. 42) |
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| | In section 2 of the Local Government and Housing Act 1989 (politically |
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| restricted posts), in subsection (6), after paragraph (za) insert— |
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| “(zb) | the director of public health appointed under section |
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| 73A(1) of the National Health Service Act 2006;”.” |
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328 | Page 333, line 5, at end insert— |
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| “( ) | in that paragraph, after “or” (in the first place it occurs) insert “a”, |
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| ( ) | in the words after paragraph (b) in that subsection, omit |
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| |
329 | Page 333, line 14, at end insert “, and |
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| ( ) | in the words after that paragraph, omit “Trust, Authority or.” |
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330 | Page 333, leave out lines 15 to 32 |
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331 | Page 334, line 14, leave out paragraph 70 |
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332 | Page 340, line 26, leave out “Minister” substitute “the Welsh Ministers” and insert |
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| “Minister considers” substitute “the Welsh Ministers consider” |
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333 | Page 340, line 31, at end insert— |
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| “ ( ) | The Licensing Act 2003 is amended as follows. |
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| ( ) | In section 5(3) (statement of licensing policy)— |
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| (a) | in paragraph (ba) omit “Primary Care Trust or”, and |
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| (b) | after that paragraph insert— |
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| “(bb) | each local authority in England whose public |
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| health functions within the meaning of the |
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| National Health Service Act 2006 are exercisable |
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| |
| | |
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| in respect of an area any part of which is in the |
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| licensing authority’s area,”. |
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| ( ) | In section 13(4) (authorised persons, interested parties and responsible |
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| |
| (a) | in paragraph (ba) omit “Primary Care Trust or”, and |
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| (b) | after that paragraph insert— |
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| “(bb) | the local authority in England whose public |
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| health functions within the meaning of the |
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| National Health Service Act 2006 are exercisable |
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| in respect of any area in which the premises are |
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334 | Page 340, line 33, at end insert— |
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| “ ( ) | In section 69(4) (authorised persons, interested parties and responsible |
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| |
| (a) | in paragraph (ba) omit “Primary Care Trust or”, and |
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| (b) | after that paragraph insert— |
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| “(bb) | the local authority in England whose public |
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| health functions within the meaning of the |
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| National Health Service Act 2006 are exercisable |
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| in respect of any area in which the premises are |
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| |
| ( ) | In section 172B(4) (procedural requirements for early morning alcohol |
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| |
| (a) | in paragraph (d) omit “Primary Care Trust or”, and |
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| (b) | after that paragraph insert— |
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| “(da) | the local authority in England whose public |
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| health functions within the meaning of the |
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| National Health Service Act 2006 are exercisable |
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| in respect of an area any part of which is in the |
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| area specified in the order,”.” |
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335 | Page 341, line 5, leave out paragraph 114 |
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336 | Page 346, line 36, after second “under” insert “section 12A or” |
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337 | Page 347, line 2, leave out paragraph 142 |
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338 | Page 347, line 7, leave out paragraph 144 |
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339 | Page 351, line 2, at beginning insert “In section 123 of” |
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340 | Page 351, line 2, leave out from “2009” to “(partner” in line 18 |
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341 | Page 353, line 24, at end insert— |
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| “Charities Act 2011 (c. 25) |
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| | In section 149 of the Charities Act 2011 (audit or examination of English |
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| NHS charity accounts), in subsection (7)— |
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| |
| |
| (c) | before paragraph (c) insert— |
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| “(ba) | the National Health Service Commissioning |
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| |
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| |
| | |
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| (bb) | a clinical commissioning group, |
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| (bc) | trustees for the National Health Service |
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| Commissioning Board appointed in pursuance of |
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| paragraph 11 of Schedule A1 to the National |
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| Health Service Act 2006, or |
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| (bd) | trustees for a clinical commissioning group |
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| appointed in pursuance of paragraph 14 of |
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| Schedule 1A to that Act,”, and |
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| |
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342 | Page 355, line 13, at end insert— |
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| “() | The amendment made by section 18(6) does not affect— |
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| (a) | the validity of any direction made by an instrument in writing |
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| which continues to have effect by virtue of sub-paragraph (2), |
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| (b) | any power to vary such a direction otherwise than for the |
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| purpose of directing the Special Health Authority concerned to |
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| exercise an additional function, or |
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| (c) | any power to revoke such a direction.” |
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343 | Page 367, line 17, after “functions” insert “, |
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| (b) | include a statement of what it did to comply with the duty under |
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| section (Secretary of State’s guidance on duty under section 61(9))(2) |
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| (duty to have regard to Secretary of State’s guidance on duty |
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| under section 61(9)), and |
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| (c) | include a statement of what it did to comply with the duty under |
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| section 64(1)(ja) (duty to have regard to Secretary of State’s |
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| guidance on relevant parts of document on improving quality of |
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| |
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344 | Page 368, line 12, leave out from “contains” to the end of line 14 and insert |
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| “information which it is satisfied is— |
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| (a) | commercial information the disclosure of which would, or |
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| might, significantly harm the legitimate business interests of the |
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| person to whom it relates; |
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| (b) | information relating to the private affairs of an individual the |
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| disclosure of which would, or might, significantly harm that |
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| |
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345 | Page 372, line 26, after “are” insert “not” |
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346 | Page 373, line 26, after “considers” insert “would or” |
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347 | Page 373, line 29, after “considers” insert “would or” |
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348 | Page 378, line 35, leave out from “contains” to the end of line 37 and insert |
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| “information which it is satisfied is— |
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| (a) | commercial information the disclosure of which would, or |
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| might, significantly harm the legitimate business interests of the |
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| person to whom it relates; |
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| (b) | information relating to the private affairs of an individual the |
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| disclosure of which would, or might, significantly harm that |
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| |
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349 | Page 380, line 5, leave out from “each” to end of line 6 and insert “objector” |
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350 | Page 380, line 7, at end insert— |
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| “( ) | In this Schedule, “objector” means— |
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| (a) | in relation to a reference made where the condition in section |
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| 118(2)(a) is not met, each clinical commissioning group who |
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| objected to the proposed method to which the reference relates, |
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| (b) | in relation to a reference made where the condition in section |
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| 118(2)(b) or (c) is not met, each relevant provider who objected to |
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351 | Page 382, line 8, at end insert— |
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| “( ) | The Competition Commission must give notice to each objector who has |
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| made representations in accordance with paragraph 2 of the time and |
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| place at which an oral hearing is to be held.” |
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352 | Page 382, line 22, leave out “entitled to give evidence at the hearing” and insert |
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| “present at the hearing and comes within sub-paragraph (5)” |
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353 | Page 382, line 24, leave out second “is not” and insert “cannot be” |
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354 | Page 382, line 26, leave out from “not” to “, and” in line 27 and insert “obliged to |
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| require the person to attend the hearing” |
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355 | Page 388, line 10, at end insert “, and |
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| ( ) | in subsection (3), omit paragraph (a) (and the following “and”)” |
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356 | Page 388, line 13, after “trust” insert “established under section 25” |
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357 | Page 388, line 14, after “trust” insert “established under section 25” |
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358 | Page 391, line 3, leave out “section 78” and insert “sections 78 and 79” |
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359 | Page 391, line 18, leave out sub-paragraph (2) |
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360 | Page 394, line 7, leave out paragraph 64 |
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361 | Page 394, line 11, leave out paragraphs 65 to 67 |
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362 | Page 397, line 18, at end insert “, and |
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| ( ) | omit sub-paragraph (ii) of that paragraph (and the preceding |
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| |
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