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| |
| | |
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| “( ) | Subsection (1) does not apply to any function of the Secretary of |
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| State of making an order or regulations.” |
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58 | Page 81, line 33, at end insert— |
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| “( ) | Subsection (1) does not apply to any function of the Secretary of |
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| State of making an order or regulations.” |
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59 | Page 83, line 9, at end insert “and its Healthwatch England committee” |
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60 | Page 83, line 23, at end insert— |
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| “( ) | The report must include the Secretary of State’s assessment of the |
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| effectiveness of the discharge of the duties under sections 1A and 1B.” |
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|
61 | Page 85, line 2, at end insert— |
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| “( ) | Any function conferred on the appropriate authority by this section may be |
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| performed by either the Secretary of State or the Department of Health, |
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| Social Services and Public Safety in Northern Ireland acting alone or both |
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| of them acting jointly (and references in this section to the appropriate |
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| authority are to be construed accordingly).” |
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62 | Page 85, leave out lines 4 to 6 |
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63 | Insert the following new Clause— |
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| “Secretary of State’s guidance on duty under section 59(9) |
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| (1) | The Secretary of State may, for the purpose of assisting Monitor to comply |
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| with its duty under section 59(9), publish guidance on— |
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| (a) | the objectives specified in the mandate published under section 13A |
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| of the National Health Service Act 2006 which the Secretary of State |
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| considers to be relevant to Monitor’s exercise of its functions, and |
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| (b) | the Secretary of State’s reasons for considering those objectives to |
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| be relevant to Monitor’s exercise of its functions. |
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| (2) | In exercising its functions, Monitor must have regard to guidance under |
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| |
| (3) | Where the Secretary of State publishes guidance under subsection (1), the |
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| Secretary of State must lay a copy of the published guidance before |
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| |
| (4) | The Secretary of State— |
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| (a) | may revise guidance under subsection (1), and |
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| (b) | if the Secretary of State does so, must publish the guidance as |
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| revised and lay it before Parliament.” |
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|
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| |
| | |
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|
64 | Page 89, leave out line 23 and insert— |
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| “(1) | In exercising its functions, Monitor must have regard, in particular, to” |
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65 | Page 89, line 24, at end insert— |
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| “(2) | Monitor must, in exercising its functions, also have regard to the following |
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| matters in so far as they are consistent with the matter referred to in |
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| |
66 | Page 89, line 26, after “services” insert “provided” |
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67 | Page 89, line 26, after “NHS” insert “and in the efficiency of their provision” |
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68 | Page 89, line 27, leave out paragraph (c) |
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69 | Page 89, line 41, leave out paragraph (h) |
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70 | Page 90, line 3, at end insert— |
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| “(ja) | where the Secretary of State publishes a document for the purposes |
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| of section 13E of the National Health Service Act 2006 |
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| (improvement of quality of services), any guidance published by |
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| the Secretary of State on the parts of that document which the |
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| Secretary of State considers to be particularly relevant to Monitor’s |
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| exercise of its functions,” |
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71 | Page 90, line 4, leave out paragraphs (k) to (m) |
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72 | Page 90, line 12, at end insert— |
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| “( ) | Where the Secretary of State publishes guidance referred to in subsection |
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| (2)(ja), the Secretary of State must lay a copy of the published guidance |
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| |
| ( ) | The Secretary of State— |
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| (a) | may revise the guidance, and |
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| (b) | if the Secretary of State does so, must publish the guidance as |
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| revised and lay it before Parliament.” |
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|
73 | Page 93, line 16, after “Monitor’s” insert “, other than a function it has by virtue of |
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| |
74 | Page 93, line 29, leave out subsection (6) and insert— |
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| “( ) | For the purposes of this section— |
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| (a) | a failure to perform a function includes a failure to perform it |
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| |
| (b) | a failure to perform a function properly includes a failure to |
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| perform it consistently with what the Secretary of State considers to |
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| be the interests of the health service in England or (as the case may |
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| be) with what otherwise appears to the Secretary of State to be the |
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| purpose for which it is conferred; and “the health service” has the |
|
| same meaning as in the National Health Service Act 2006.” |
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|
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| |
| | |
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|
75 | Page 98, line 7, after “(1)(a)” insert “or (b)” |
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76 | Page 98, line 13, at end insert— |
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| “( ) | Before publishing guidance revised under subsection (4), Monitor must |
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| consult the persons mentioned in subsection (2).” |
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|
77 | Page 98, line 15, leave out subsection (1) and insert— |
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| “( ) | For the purposes of Part 3 of the Enterprise Act 2002 (completed and |
|
| anticipated mergers), each of the following cases is to be treated as being |
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| (in so far as it would not otherwise be) a case in which two or more |
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| enterprises cease to be distinct enterprises.” |
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78 | Page 98, line 18, leave out “have ceased” and insert “cease” |
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79 | Page 98, line 21, leave out “have ceased” and insert “cease” |
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80 | Page 98, line 21, at end insert— |
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| “(3A) | Where the Office of Fair Trading decides to carry out an investigation |
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| under Part 3 of the Enterprise Act 2002 of a matter involving an NHS |
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| foundation trust, it must as soon as reasonably practicable notify Monitor. |
|
| (3B) | As soon as reasonably practicable after receiving a notification under |
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| subsection (3A), Monitor must provide the Office of Fair Trading with |
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| |
| (a) | the effect of the matter under investigation on benefits (in the form |
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| of those within section 30(1)(a) of the Enterprise Act 2002 (relevant |
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| customer benefits)) for people who use health care services |
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| provided for the purposes of the NHS, and |
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| (b) | such other matters relating to the matter under investigation as |
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| Monitor considers appropriate.” |
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|
81 | |
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82 | |
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83 | |
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84 | Page 102 , line 16, leave out first “a” and insert “any” |
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85 | Page 102, line 41, leave out subsection (8) and insert— |
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| “( ) | Where an exemption is granted the Secretary of State— |
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| (a) | if the exemption is granted to a prescribed person, must give notice |
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| of it to that person, and |
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|
|
| |
| | |
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| (b) | must publish the exemption.” |
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|
86 | Page 104, line 13, leave out subsection (3) and insert— |
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| “(3) | Monitor may not set or revise the criteria unless the Secretary of State has |
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| by order approved the criteria or (as the case may be) revised criteria.” |
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|
87 | Page 107, line 13, leave out “National Health Service Commissioning Board” and |
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| insert “NHS Commissioning Board Authority” |
|
88 | Page 107, line 14, leave out “clinical commissioning group” and insert “Primary |
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| |
89 | Page 107, line 15, leave out “and its Healthwatch England committee” |
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90 | Page 107, line 22, at end insert— |
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| “( ) | If, at the time Monitor discharges the function under subsection (7), the day |
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| specified by the Secretary of State for the purposes of section 14A of the |
|
| National Health Service Act 2006 has passed or section 6 or 178 has come |
|
| |
| (a) | in the case of section 14A of the National Health Service Act 2006, |
|
| the reference in subsection (8)(c) to every Primary Care Trust is to |
|
| be read as a reference to every clinical commissioning group; |
|
| (b) | in the case of section 6, the reference in subsection (8)(b) to the NHS |
|
| Commissioning Board Authority is to be read as a reference to the |
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| National Health Service Commissioning Board; |
|
| (c) | in the case of section 178, the reference in subsection (8)(d) to the |
|
| Care Quality Commission is to be read as including a reference to |
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| its Healthwatch England committee.” |
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|
91 | Page 108, line 21, at end insert “provided for the purposes of the NHS” |
|
92 | Page 108, line 23, at end insert— |
|
| “(da) | for the purpose of enabling health care services provided for the |
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| purposes of the NHS to be provided in an integrated way where |
|
| Monitor considers that this would achieve one or more of the |
|
| objectives referred to in subsection (2A); |
|
| (db) | for the purpose of enabling the provision of health care services |
|
| provided for the purposes of the NHS to be integrated with the |
|
| provision of health-related services or social care services where |
|
| Monitor considers that this would achieve one or more of the |
|
| objectives referred to in subsection (2A); |
|
| (dc) | for the purpose of enabling co-operation between providers of |
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| health care services for the purposes of the NHS where Monitor |
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| considers that this would achieve one or more of the objectives |
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| referred to in subsection (2A);” |
|
93 | Page 108, line 32, at end insert— |
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| “(2A) | The objectives referred to in subsection (2)(da), (db) and (dc) are— |
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| |
| | |
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| (a) | improving the quality of health care services provided for the |
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| purposes of the NHS (including the outcomes that are achieved |
|
| from their provision) or the efficiency of their provision, |
|
| (b) | reducing inequalities between persons with respect to their ability |
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| to access those services, and |
|
| (c) | reducing inequalities between persons with respect to the outcomes |
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| achieved for them by the provision of those services.” |
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94 | Page 108, line 39, at end insert— |
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| “( ) | In subsection (2)(db), “health-related services” and “social care services” |
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| each have the meaning given in section 59(11).” |
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|
95 | Page 109, line 38, after “NHS” insert “in order to ensure the continued provision of |
|
| one or more of the health care services that the licence holder provides for those |
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| |
96 | Page 109, line 40, at end insert “in order to ensure the continued provision of one |
|
| or more of the health care services that the licence holder provides for those |
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| |
|
97 | Insert the following new Clause— |
|
| “Notification of commissioners where continuation of services at risk |
|
| (1) | This section applies where Monitor— |
|
| (a) | takes action in the case of a licence holder in reliance on a condition |
|
| in the licence under section 96(1)(i), (j) or (k), and |
|
| (b) | does so because it is satisfied that the continued provision for the |
|
| purposes of the NHS of health care services to which that condition |
|
| applies is being put at significant risk by the configuration of certain |
|
| health care services provided for those purposes. |
|
| (2) | In subsection (1), a reference to the provision of services is a reference to |
|
| their provision by the licence holder or any other provider. |
|
| (3) | Monitor must as soon as reasonably practicable notify the National Health |
|
| Service Commissioning Board and such clinical commissioning groups as |
|
| Monitor considers appropriate— |
|
| (a) | of the action it has taken, and |
|
| (b) | of its reasons for being satisfied as mentioned in subsection (1)(b). |
|
| (4) | Monitor must publish for each financial year a list of the notifications under |
|
| this section that it has given during that year; and the list must include for |
|
| each notification a summary of Monitor’s reasons for being satisfied as |
|
| mentioned in subsection (1)(b). |
|
| (5) | The Board and clinical commissioning groups, having received a |
|
| notification under this section, must have regard to it in arranging for the |
|
| provision of health care services for the purposes of the NHS.” |
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|