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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | That the National Health Service (Amended Duties and Powers) Bill Committee do |
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| | | meet on Wednesdays at 9.25am and 2.00pm when the House is sitting. |
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| | | As Amendments to the Sittings Motion |
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| | | Line 2, leave out from “on” to “when” and insert “Tuesday 10th February at
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| | | 10.00am, and thereafter on Tuesdays at 10.00am”. |
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| | | Line 2, leave out from “meet” to end and insert “at 9.25am on the following days—
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| | | (a) Tuesday 10 February 2015; |
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| | | (b) Tuesday 24 February 2015; |
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| | | (c) Tuesday 3 March 2015; and |
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| | | (d) Tuesday 10 March 2015”. |
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| | | Line 2, leave out from “on” to “when” and insert “Thursday 12th February at
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| | | 11.30am, and thereafter on Thursdays at 12.00 noon”. |
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| | (Amended Duties and Powers) Bill
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| | Page 1, line 4, leave out Clause 1 |
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| | | Member’s explanatory statement
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| | | The Government intends to oppose the Question that clause 1 stand part of the Bill. |
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| | Clause 1, page 1, line 10, leave out “social solidarity” and insert “medical |
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| | Clause 1, page 1, line 12, at end add “as far as is compatible with the liberties of the |
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| | people of England and without any additional regulatory burden.” |
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| | Clause 1, page 1, line 15, at end add— |
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| | | “(c) | nothing in this section shall be interpreted as entitling or requiring the |
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| | | Secretary of State to direct people in their personal conduct, nor provide |
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| | | unsolicited advice on diet or behaviour, nor to spend public funds on |
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| | | propaganda, nor to discriminate against specific foodstuffs, nor |
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| | | detrimentally to affect any lawful industry;” |
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| | Clause 1, page 1, line 16, at end add— |
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| | | “(d) | it shall not be a duty of the Secretary of State to establish a nanny state.” |
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| | Clause 1, page 2, leave out lines 1 to 8 |
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| | Clause 1, page 2, line 2, leave out “general economic interest” and insert “that |
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| | Clause 1, page 2, line 3, leave out “social solidarity” and insert “medical necessity” |
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| | Clause 1, page 2, line 8, at end add “subject to consultation with relevant local |
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| | Clause 1, page 2, line 9, after “retains”, insert “full” |
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| | Clause 1, page 2, line 9, after “to”, insert “the Queen in” |
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| | Clause 1, page 2, line 11, after “England”, insert “to the English” |
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| | Clause 1, page 2, line 13, at end add “or is a charge made to a person who is not |
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| | entitled to free care by virtue of his immigration status.” |
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| | Page 2, line 14, leave out Clause 2 |
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| | | Member’s explanatory statement
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| | | The Government intends to oppose the Question that clause 2 stand part of the Bill. |
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| | Clause 2, page 2, line 16, leave out “social solidarity” and insert “medical |
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| | Clause 2, page 2, line 18, after “efficient”, insert “, effective and economical” |
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| | Clause 2, page 2, line 18, leave out “mutual cooperation” |
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| | Clause 2, page 2, line 19, leave out “social solidarity” and insert “medical |
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| | Clause 2, page 2, line 27, leave out from “service” to end of line 29. |
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| | Clause 2, page 2, line 33, leave out “shall be entitled to” and insert “must” |
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| | Clause 2, page 2, line 35, leave out “and where such guidance is published” and |
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| | insert “, and must review the guidance each year, and” |
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| | Clause 2, page 2, line 37, at end insert— |
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| | | “( ) | Before publishing any guidance under subsection (2), the Secretary of State must |
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| | | (c) | such other persons, including clinical commissioning groups, NHS |
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| | | foundation trusts and NHS trusts, as the Secretary of State considers |
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| | Clause 2, page 2, leave out lines 41 to 42 and insert— |
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| | | “(4) | The Secretary of State may for the purposes of subsection (1) make regulations |
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| | | imposing requirements on persons concerned in commissioning or providing |
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| | | health services for the purposes of the health service. |
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| | | (4A) | Regulations under subsection (4) may in particular enable the regulator— |
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| | | (a) | to investigate a complaint that the Board or a clinical commissioning |
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| | | group has failed to comply with the regulations; |
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| | | (b) | to investigate, on the regulator’s initiative, whether the Board or a clinical |
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| | | commissioning group has failed to comply with the regulations; |
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| | | (c) | to require a person to provide such information as the regulator may |
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| | | specify for the purposes of an investigation. |
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| | | (4B) | Before making regulations under subsection (4), the Secretary of State must |
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| | | consult such persons as the Secretary of State considers appropriate.” |
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| | Clause 2, page 2, line 43, leave out from beginning to end of Clause 2 |
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| | Clause 2, page 2, line 46, leave out “anti-competitive or” |
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| | Clause 2, page 3, line 1, leave out “Secretary of State” and insert “Health |
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| | Clause 2, page 3, line 2, at end insert— |
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| | | “(5A) | If any dispute arises with respect to whether any health service body or other |
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| | | person providing health service services has acted in a way that is anti- |
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| | | competitive any interested party may refer a complaint to the Board of Trade.” |
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| | Clause 2, page 3, line 3, leave out “Secretary of State” and insert “Ombudsman” |
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| | Clause 2, page 3, line 4, leave out from “State” to end of line 6 and insert “must |
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| | appoint an independent person to adjudicate on the complaint” |
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| | Clause 2, page 3, line 5, leave out “Secretary of State” and insert “Ombudsman” |
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| | Clause 2, page 3, line 6, at end insert— |
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| | | “(6A) | Where a complaint is made under subsection (5A) the President of the Board of |
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| | | Trade shall be entitled to adjudicate upon the complaint or to appoint a person to |
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| | | adjudicate upon the complaint if the President of the Board of Trade considers |
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| | | that it is appropriate to do so.” |
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| | Clause 2, page 3, line 7, leave out from “section” to end of line 8 and insert “may |
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| | be subject to review in proceedings brought by an application for judicial review” |
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| | Page 3, line 9, leave out Clause 3 |
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| | | Member’s explanatory statement
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| | | The Government intends to oppose the Question that clause 3 stand part of the Bill. |
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| | Clause 3, page 3, leave out lines 32 and 33 |
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| | Clause 3, page 3, line 33, at end insert— |
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| | | “( ) | The Secretary of State may only give directions under subsection (3) where the |
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| | | Secretary of State considers that the Board is failing, or has failed to perform, any |
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| | | duty delegated to the Board under subsection (2) and that the failure is |
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| | Clause 3, page 3, line 33, at end insert— |
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| | | “(3A) | The Secretary of State may give a direction to the Board if the Secretary of State |
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| | | (i) | is failing or has failed to discharge any function conferred on the |
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| | | Board by virtue of subsection (2), or |
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| | | (ii) | is failing or has failed properly to discharge any such function, |
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| | | (b) | the failure is significant. |
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| | | (3B) | A direction under subsection (3A) may direct the Board to discharge any such |
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| | | function, and in such manner and within such period or periods, as may be |
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| | | specified in the direction. |
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| | | (3C) | If the Board fails to comply with a direction under subsection (3A), the Secretary |
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| | | (a) | discharge the function to which it relates, or |
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| | | (b) | make arrangements for any other person to discharge it on the Secretary |
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| | | (3D) | Where the Secretary of State exercises a power under subsection (3A) or (3C), the |
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| | | Secretary of State must publish the reasons for doing so. |
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| | | (3E) | For the purposes of this section a failure to discharge a function properly includes |
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| | | a failure to discharge it consistently with what the Secretary of State considers to |
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| | | be the interests of the health service.” |
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| | Clause 3, page 3, leave out lines 34 to 45 |
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| | Clause 3, page 3, line 34, leave out “shall be entitled to” and insert “must” |
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| | Clause 3, page 3, line 34, after “delegate”, insert “all or any part of” |
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