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| The Secretary of State may by order provide that this Act, in its application |
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| to the Isles of Scilly, is to have effect with such modifications as may be |
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Page 106, line 1, leave out “sections 54 and 57” and insert “sections 57 and (Co- |
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operation between CHAI and the regulator)” |
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159 | Page 106, line 3, leave out “and 137” and insert “137 and (Code of practice: CSCI)” |
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160 | Page 106, line 10, after “115,” insert “section 143 and” |
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161 | |
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162 | Page 113, line 22, leave out from beginning to end of line 31 and insert— |
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| (1) | The regulator is to consist of a number of members (but not more than 5) |
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| appointed by the Secretary of State. |
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| (2) | One of the members is to be appointed as chairman and another as |
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| (3) | The deputy chairman need not be appointed before the end of the period |
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| of six months beginning with the establishment of the regulator. |
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| (1) | A person is to hold and vacate office as a member in accordance with the |
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| terms of his appointment. |
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| (a) | he may at any time resign his office by giving notice to the |
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| (b) | the Secretary of State may at any time remove him from office on |
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| the ground of incapacity or misbehaviour. |
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| (3) | A person is not to be appointed as a member for a period of more than |
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| (4) | A person who ceases to be a member is eligible for re-appointment.” |
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163 | Page 113, line 33, leave out from “The” to end and insert “regulator is to pay the |
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164 | Page 113, line 36, at end insert— |
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| “( ) | The regulator is to pay to the members (other than the chairman) such |
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| travelling and other allowances as the Secretary of State may determine.” |
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165 | Page 113, line 37, leave out “regulator” and insert “chairman” |
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166 | Page 113, line 38, leave out second “Secretary of State” and insert “regulator” |
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167 | Page 114, line 7, leave out “appoint” and insert “employ” |
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168 | Page 114, line 9, leave out sub-paragraph (2) |
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169 | Page 114, line 14, leave out “a participant in” and insert “an active or deferred |
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170 | Page 114, line 16, leave out “regulator” and insert “chairman” |
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171 | Page 114, line 18, leave out “regulator” and insert “chairman” |
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172 | Page 114, line 19, leave out “was a participant” and insert “is a member” |
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173 | Page 114, line 21, at end insert— |
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| “(4A) | Employment with the regulator is to be included among the kinds of |
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| employment to which a scheme under section 1 of the Superannuation |
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| Act 1972 (c. 11) can apply; and accordingly in Schedule 1 to that Act (in |
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| which those kinds of employment are listed), at the end of the list of |
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| Other Bodies there is inserted— |
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| | “The Independent Regulator of NHS Foundation Trusts”. |
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| (4B) | The regulator must pay to the Minister for the Civil Service, at such times |
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| as the Minister may direct, such sums as he may determine in respect of |
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| any increase attributable to sub-paragraph (4) or (4A) in the sums |
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| payable out of money provided by Parliament under the |
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| Superannuation Act 1972 (c. 11).” |
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174 | Page 114, line 21, at end insert— |
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| (1) | The regulator may regulate its own procedure and make any |
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| arrangements it considers appropriate for the discharge of its functions. |
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| (2) | The validity of any act of the regulator is not affected by any vacancy |
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| among the members or by any defect in the appointment of any |
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175 | Page 114, line 24, leave out “a member of his staff” and insert— |
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| “(a) | the chairman or deputy chairman or any committee, |
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| (b) | any member of the staff,” |
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176 | Page 114, line 25, at end insert— |
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| (1) | The regulator may do anything which appears to it to be necessary or |
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| desirable for the purposes of or in connection with the exercise of its |
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| (2) | That includes in particular— |
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| (a) | acquiring and disposing of property, |
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| (b) | entering into contracts, |
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| (c) | accepting gifts of property, |
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| | and co-operating with other public authorities. |
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| (1) | The regulator may with the consent of the Secretary of State borrow |
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| money temporarily by way of overdraft, but may not otherwise borrow |
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| (2) | The regulator may conduct, commission or assist the conduct of |
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177 | Page 114, line 31, leave out “he” and insert “it” |
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178 | Page 114, line 31, leave out “his” and insert “its” |
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179 | Page 114, line 35, leave out “he” and insert “it” |
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180 | Page 114, line 35, at end insert— |
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| “( ) | The regulator must in respect of each financial year prepare a report |
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| which provides an overall summary of the accounts of NHS foundation |
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| ( ) | The report must be prepared as soon as possible after the regulator has |
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| received the accounts of all NHS foundation trusts for the relevant |
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| (a) | lay a copy of the report before Parliament, and |
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| (b) | once it has done so, send a copy of it to the Secretary of State.” |
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181 | Page 114, line 38, at end insert— |
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| “6A (1) | The regulator must keep accounts in such form as the Secretary of State |
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| (2) | The regulator must prepare in respect of each financial year annual |
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| accounts in such form as the Secretary of State may direct. |
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| (3) | The regulator must send copies of the annual accounts to the Secretary |
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| of State and the Comptroller and Auditor General within such period |
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| after the end of the financial year to which the accounts relate as the |
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| (4) | The Comptroller and Auditor General must examine, certify and report |
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| on the annual accounts and must lay copies of them and of his report |
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182 | Page 114, line 39, at beginning insert “In paragraph 6 and this paragraph” |
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183 | Page 114, line 40, leave out from second “the” to first “and” in line 41 and insert |
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| “establishment of the regulator” |
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184 | Page 115, line 4, leave out “his” and insert “its” |
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185 | Page 115, line 6, leave out “his signature” and insert “the signature of the chairman |
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| or deputy chairman or of any member of the staff who has been authorised by the |
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| regulator (whether generally or specifically) for that purpose” |
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186 | Page 115, line 8, leave out “his” and insert “its” |
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187 | Page 115, line 9, at end insert— |
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| (1) | The regulator is not to be regarded as the servant or agent of the Crown |
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| or as enjoying any status, immunity or privilege of the Crown. |
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| (2) | The regulator’s property is not to be regarded as property of, or property |
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| held on behalf of, the Crown. |
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| (3) | The regulator must exercise its functions effectively, efficiently and |
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188 | Page 115, line 14, leave out “office of the” |
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189 | Page 115, line 18, at beginning insert “Chairman or other member of the” |
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190 | Page 115, line 22, at beginning insert “Chairman or other member of the” |
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191 | Page 129, line 2, after second “the” insert “board of governors and board of |
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192 | Page 129, line 5, leave out “trust and” and insert “board of governors and board of |
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| directors of the trust and to” |
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193 | Page 129, line 9, leave out “trust” and insert “directors” |
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194 | Page 130, line 28, leave out paragraph (a) and insert— |
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| “(a) | a person appointed as chairman by the relevant Special Health |
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195 | Page 130 , line 29, leave out from first “the” to end of line and insert “relevant |
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| Special Health Authority who appears to that Authority” |
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196 | Page 130, line 31, leave out “Secretary of State” and insert “relevant Special Health |
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197 | Page 130, line 31, at end insert— |
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| “(1A) | In paragraph (a) and (c) of sub-paragraph (1), “relevant Special Health |
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| Authority” means the Special Health Authority which is directed by the |
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| Secretary of State to exercise the function of appointment under that |
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| (1B) | In paragraph (b) of sub-paragraph (1), “relevant Special Health |
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| Authority” means the Special Health Authority which is directed by the |
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| Assembly to exercise the function of appointment under that |
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198 | Page 130, line 33, leave out “by him” |
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199 | Page 130, line 37, leave out “by it” |
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200 | Page 130, line 38, after “that” insert “one of” |
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201 | Page 131, line 5, leave out “has become disqualified from holding office” and insert |
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| “is disqualified from holding office (or was disqualified at the time of his |
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202 | Page 131, line 12, leave out “become” and insert “are” |
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