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27 | Page 28, line 40, leave out “in writing by” and insert “by order of” |
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28 | Page 33, line 44, at end insert “or (b)” |
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29 | Page 34, line 2, at end insert “or (b)” |
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30 | Page 34, line 16, leave out “function under section 14L(3)(a)” and insert “functions |
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| under section 14L(3)(a) and (b)” |
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31 | Page 35, line 29, at end insert— |
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| “14NA | Registers of interests and management of conflicts of interest |
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| (1) | Each clinical commissioning group must maintain one or more |
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| registers of the interests of— |
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| (a) | the members of the group, |
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| (b) | the members of its governing body, |
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| (c) | the members of its committees or sub-committees or of |
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| committees or sub-committees of its governing body, and |
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| |
| (2) | Each clinical commissioning group must publish the registers |
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| maintained under subsection (1) or make arrangements to ensure |
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| that members of the public have access to the registers on request. |
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| (3) | Each clinical commissioning group must make arrangements to |
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| |
| (a) | that a person mentioned in subsection (1) declares any |
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| conflict or potential conflict of interest that the person has in |
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| relation to a decision to be made in the exercise of the |
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| commissioning functions of the group, |
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| (b) | that any such declaration is made as soon as practicable |
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| after the person becomes aware of the conflict or potential |
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| conflict and, in any event, within 28 days, and |
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| (c) | that any such declaration is included in the registers |
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| maintained under subsection (1). |
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| (4) | Each clinical commissioning group must make arrangements for |
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| managing conflicts and potential conflicts of interest in such a way |
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| as to ensure that they do not, and do not appear to, affect the |
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| integrity of the group’s decision-making processes. |
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| (5) | The Board must publish guidance for clinical commissioning |
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| groups on the discharge of their functions under this section. |
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| (6) | Each clinical commissioning group must have regard to guidance |
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| published under subsection (5). |
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| (7) | For the purposes of this section, the commissioning functions of a |
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| clinical commissioning group are the functions of the group in |
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| arranging for the provision of services as part of the health |
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| |
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32 | Page 36, line 34, leave out from “decisions” to end of line 35 and insert “which |
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| |
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| |
| | |
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| (a) | the prevention or diagnosis of illness in the patients, or |
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| (b) | their care or treatment.” |
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33 | Page 36, line 36, leave out “may” and insert “must” |
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34 | Page 37, line 17, leave out “have regard to the need to” |
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35 | Page 37, line 19, at end insert— |
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| “14XA | Duty as to promoting education and training |
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| Each clinical commissioning group must, in exercising its functions, have |
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| regard to the need to promote education and training for the persons |
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| mentioned in section 1DA(1) so as assist the Secretary of State in the |
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| discharge of the duty under that section.” |
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36 | Page 41, line 41, after “14Q” insert “, 14S” |
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37 | Page 43, line 47, after “14Q” insert “, 14S” |
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38 | Page 44, line 24, after “14Q,” insert “14S,” |
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39 | Page 45, leave out lines 9 and 10 and insert— |
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| “( ) | For the purposes of this section— |
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| (a) | a failure to discharge a function includes a failure to |
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| discharge it properly, and |
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| (b) | a failure to discharge a function properly includes a failure |
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| to discharge it consistently with what the Board considers to |
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| be the interests of the health service.” |
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40 | Page 47, leave out lines 21 and 22 and insert— |
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| “( ) | For the purposes of this section— |
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| (a) | a failure to discharge a function includes a failure to |
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| discharge it properly, and |
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| (b) | a failure to discharge a function properly includes a failure |
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| to discharge it consistently with what the Board considers to |
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| be the interests of the health service.” |
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41 | Page 48, line 28, leave out “This section has” and insert “Paragraphs (a) to (c) and |
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| (h) of subsection (1) have” |
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42 | Page 49, line 10, at end insert— |
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| |
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43 | Page 55, line 38, after “6C” insert “(1) or (3)” |
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44 | Page 56, line 27, at end insert— |
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| “( ) | A local authority must have regard to any guidance given by the |
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| Secretary of State in relation to its director of public health, |
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| including guidance as to appointment and termination of |
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| appointment, terms and conditions and management.” |
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| |
| | |
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45 | Page 56, line 40, after “6C” insert “(1) or (3)” |
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46 | Page 57, line 4, at end insert— |
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| “( ) | A document published under subsection (1), and guidance given under |
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| subsection (3), may include guidance as to the appointment of officers of |
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| the local authority to discharge any functions mentioned in subsection (2), |
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| and as to their terms and conditions, management and dismissal.” |
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|
47 | Page 57, line 20, after “6C” insert “(1) or (3)” |
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|
48 | Page 65, line 43, at end insert— |
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| “( ) | The duty in subsection (3) does not apply in relation to the proposal |
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| if the Secretary of State so directs by an instrument in writing.” |
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49 | Page 66, leave out lines 1 to 4 |
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50 | Page 66, line 26, at end insert— |
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| “( ) | The duty in subsection (2) does not apply in relation to the proposal |
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| if the Secretary of State so directs by an instrument in writing.” |
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51 | Page 66, leave out lines 29 to 32 |
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52 | Page 67, line 19, at end insert— |
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| “( ) | The duty in subsection (2) does not apply in relation to the proposal |
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| if the Secretary of State so directs by an instrument in writing.” |
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53 | Page 67, leave out lines 22 to 25 |
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54 | Leave out Clause 37 and insert the following new Clause— |
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| |
| (1) | Section 117 of the Mental Health Act 1983 (after-care) is amended as |
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| |
| |
| (a) | after “duty of the” insert “clinical commissioning group or”, |
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| (b) | omit “Primary Care Trust or” in each place it appears, and |
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| (c) | after “such time as the” insert “clinical commissioning group or”. |
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| (3) | After subsection (2C) insert— |
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| “(2D) | Subsection (2), in its application to the clinical commissioning |
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| group, has effect as if for “to provide” there were substituted “to |
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| arrange for the provision of”. |
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| (2E) | The Secretary of State may by regulations provide that the duty |
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| imposed on the clinical commissioning group by subsection (2) is, |
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| |
| | |
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| in the circumstances or to the extent prescribed by the regulations, |
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| to be imposed instead on another clinical commissioning group or |
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| the National Health Service Commissioning Board. |
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| (2F) | Where regulations under subsection (2E) provide that the duty |
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| imposed by subsection (2) is to be imposed on the National Health |
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| Service Commissioning Board, subsection (2D) has effect as if the |
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| reference to the clinical commissioning group were a reference to |
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| the National Health Service Commissioning Board. |
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| (2G) | Section 272(7) and (8) of the National Health Service Act 2006 |
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| applies to the power to make regulations under subsection (2E) as |
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| it applies to a power to make regulations under that Act.” |
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| |
| (a) | after “section “the” insert “clinical commissioning group or”, |
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| (b) | omit “Primary Care trust or” in each place it appears, and |
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| (c) | after “means the”, in the first place it appears, insert “clinical |
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| |
| (5) | In section 275 of the National Health Service Act 2006 (interpretation) after |
|
| |
| “(5) | In each of the following, the reference to section 3 includes a |
|
| reference to section 117 of the Mental Health Act 1983 (after-care)— |
|
| (a) | in section 223K(8), paragraph (a) of the definition of |
|
| |
| (b) | in section 244(3), paragraph (a)(i) of the definition of |
|
| “relevant health service provider”, |
|
| (c) | in section 252A(10), the definition of “service |
|
| |
| (d) | section 253(1A)(d)(ii).” |
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| (6) | In section 48 of the Health and Social Care Act 2008 (special reviews and |
|
| investigations), in subsection (2)(ba), after “the National Health Service Act |
|
| 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”. |
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| (7) | In section 97 of that Act (general interpretation of Part 1), in subsection |
|
| (2A), after “section 7A of that Act)” insert “or section 117 of the Mental |
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| Health Act 1983 (after-care)”. |
|
| (8) | In consequence of the repeals made by subsections (2)(b) and (4)(b), omit |
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| paragraph 47 of Schedule 2 to the National Health Service Reform and |
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| Health Care Professions Act 2002.” |
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|
55 | Page 79, line 39, at end insert— |
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| “( ) | Subsection (1) does not apply to any function of the Secretary of |
|
| State of making an order or regulations.” |
|
56 | Page 80, line 30, at end insert— |
|
| “( ) | Subsection (1) does not apply to any function of the Secretary of |
|
| State of making an order or regulations.” |
|
57 | Page 80, line 40, at end insert— |
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|