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| (c) | for each NHS foundation trust.”; |
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| (b) | in subsection (9), in the definition of “relevant overview and |
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| scrutiny committee”, for “or NHS trust” there is substituted “, NHS |
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| trust or NHS foundation trust”.” |
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53 | Page 13, line 26, leave out “at the end” and insert “— |
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| (a) | in paragraph (c)(ii), after “NHS trust” there is inserted “or NHS |
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| |
| |
54 | Page 13, line 29, at end insert— |
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| “( ) | In section 19 (supplementary) in subsection (2)— |
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| (a) | in paragraph (k), after “an NHS trust,” there is inserted “an NHS |
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| |
| (b) | in paragraph (p), after “NHS trusts,” there is inserted “NHS |
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| |
| | and in subsection (4)(a), after “NHS trust” there is inserted “or NHS |
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| |
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55 | Page 13, line 31, leave out from beginning to “in” in line 33 and insert— |
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| “( ) | Section 20 of the National Health Service Reform and Health Care |
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| Professions Act 2002 (c. 17) (Commission for Patient and Public |
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| Involvement in Health) is amended as follows. |
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| ( ) | In subsection (10), after “an NHS trust,” there is inserted “an NHS |
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| |
| |
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56 | Insert the following new Clause— |
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| |
| (1) | Regulations may make provision as to the conduct of elections for |
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| membership of the board of governors of an NHS foundation trust. |
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| (2) | The regulations may in particular provide for— |
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| (a) | nomination of candidates and obligations to declare their interests, |
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| (b) | systems and methods of voting, and the allocation of places on the |
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| board of governors, at contested elections, |
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| (c) | filling of vacancies, |
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| (d) | supervision of elections, |
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| (e) | election expenses and publicity, |
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| (f) | questioning of elections and the consequences of irregularities. |
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|
|
|
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| (3) | An NHS foundation trust must secure that its constitution is in accordance |
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| with regulations under this section. |
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| (4) | Pending the coming into force of regulations under this section, elections |
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| for membership of the board of governors of an NHS foundation trust, if |
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| contested, must be by secret ballot.” |
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|
57 | Page 14, line 18, leave out from “form” to end of line 19 and insert “of the |
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| particulars of his qualification to vote as a member of the constituency for which |
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| the election is being held” |
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58 | Page 14, line 21, leave out “that he is” and insert “of the particulars of his |
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| qualification to vote as” |
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59 | Page 14, line 22, leave out “relevant constituency” and insert “constituency for |
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| which the election is being held” |
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60 | Page 14, line 26, leave out “that he is” and insert “of the particulars of his |
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| qualification to vote as” |
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61 | Page 14, line 26, leave out “relevant constituency” and insert “trust” |
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62 | Page 14, line 27, at end insert— |
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| “( ) | This section does not apply to an election held for the staff constituency.” |
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|
63 | Page 14, line 38, leave out “its public” and insert “any public constituency and (if |
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| there is one) of the patients’” |
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|
64 | Page 15, leave out lines 16 to 18 |
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| |
65 | Page 17, line 23, at end insert— |
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| “( ) | the availability and quality of information provided to the public |
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| |
| |
66 | Page 18, line 10, at end insert— |
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| “( ) | The Secretary of State may, after consulting the CHAI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CHAI before the award of a performance rating |
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| |
| |
67 | Page 18, line 38, at end insert— |
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| “( ) | The Secretary of State may, after consulting the CHAI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
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|
|
|
|
| representations to the CHAI before the publication of a report under this |
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| |
|
68 | Page 19, line 25, at end insert— |
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| “( ) | The Secretary of State may, after consulting the CHAI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CHAI before the publication of a report under this |
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| |
69 | Page 19, line 26, leave out “An NHS body must, if regulations so provide,” and |
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| insert “The Secretary of State may by regulations require an NHS body to” |
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70 | Page 19, line 28, at end insert— |
|
| “( ) | Regulations under subsection (8) may make provision— |
|
| (a) | as to the matters with which a statement under the regulations must |
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| |
| (b) | as to the time by which any such statement must be published; |
|
| (c) | requiring an NHS body, before publishing any such statement, to |
|
| obtain the consent of any person specified in the regulations; |
|
| (d) | requiring the NHS body publishing any such statement to send a |
|
| copy of it to any person so specified.” |
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| |
71 | Page 20, line 30, at end insert— |
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| “( ) | The Secretary of State may, after consulting the CHAI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CHAI before the publication of a report under this |
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| |
|
72 | |
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73 | Page 21, line 20, leave out “may promote” and insert “has the function of |
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| |
| |
74 | Page 21, line 36, at end insert— |
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| “( ) | The Secretary of State may, after consulting the CHAI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CHAI before the publication of any |
|
| recommendations or the result of any studies under this section.” |
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|
75 | Page 22, line 38, at end insert— |
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|
|
|
|
| “( ) | to consult any person specified in the regulations before publishing |
|
| a statement under subsection (1) or (2);” |
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|
76 | Insert the following new Clause— |
|
| | “Co-operation between CHAI and the regulator |
|
| (1) | The CHAI and the regulator must co-operate with each other in the |
|
| exercise of their respective functions under Part 1 and this Chapter. |
|
| (2) | In particular, for the purposes of subsection (1)— |
|
| (a) | the CHAI must keep the regulator informed about the provision of |
|
| health care by and for NHS foundation trusts; |
|
| (b) | the regulator must give to the CHAI any information it has about |
|
| the provision of health care by or for an NHS foundation trust |
|
| which it considers would assist the CHAI in the discharge of its |
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| |
|
77 | Page 23, line 14, after “body” insert “or to health care provided by or for that body” |
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|
78 | Page 24, line 6, after “body” insert “or to health care provided by or for that body” |
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|
79 | Insert the following new Clause— |
|
| | “Co-operation between CHAI and the Audit Commission |
|
| The CHAI and the Audit Commission must co-operate with each other in |
|
| relation to matters in respect of which both have functions.” |
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|
80 | Page 26, line 38, leave out “prescribed” and insert “specified by the CHAI” |
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|
81 | Page 27, line 22, at end insert— |
|
| “( ) | the availability and quality of information provided to the public |
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| |
|
82 | Page 30, line 16, leave out “prescribed” and insert “specified by the Assembly” |
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|
83 | Page 30, line 33, at end insert— |
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|
|
|
|
| “( ) | the availability and quality of information provided to the public |
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| |
| |
84 | Page 32, line 4, at end insert— |
|
| “( ) | The Secretary of State may, after consulting the CSCI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CSCI before the award of a performance rating |
|
| |
| |
85 | Page 32, line 33, at end insert— |
|
| “( ) | The Secretary of State may, after consulting the CSCI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CSCI before the publication of a report under this |
|
| |
| |
86 | Page 33, line 23, at end insert— |
|
| “( ) | The Secretary of State may, after consulting the CSCI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CSCI before the publication of a report under this |
|
| |
|
87 | Page 33, line 26, leave out “may promote or undertake” and insert “has the function |
|
| of promoting or undertaking” |
|
88 | Page 33, line 43, at end insert— |
|
| “( ) | The Secretary of State may, after consulting the CSCI, by regulations make |
|
| provision as to the procedure to be followed in respect of the making of |
|
| representations to the CSCI before the publication of any recommendations |
|
| or the result of any studies under this section.” |
|
|
89 | Page 34, line 23, after “section 77)” insert— |
|
| “( ) | to consult any person specified in the regulations before publishing |
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| |
|
90 | Page 34, line 29, after “authority” insert “or to an English local authority social |
|
| service provided by, or pursuant to arrangements made by, that authority” |
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|
91 | Page 37, line 19, leave out “prescribed” and insert “specified by the CSCI” |
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|