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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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| | Health and Social Care Bill
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 19, page 14, line 37, at end insert ‘for approval by Parliament.’. |
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| | Clause 19, page 16, line 23, after ‘of’, insert ‘physical and mental’. |
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| | Clause 19, page 16, line 38, at end insert— |
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| | | ‘(c) | any reports or recommendations from local Healthwatch organisations, |
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| | | the Healthwatch England committee or local authorities (through |
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| | | overview and scrutiny committees or otherwise).’. |
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| | Clause 19, page 16, line 39, leave out ‘autonomy’ and insert ‘cooperation’. |
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| | Clause 19, page 16, line 43, leave out from ‘purposes’ to end of line 2 on page 17 |
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| | and insert ‘must cooperate with other commissioners and providers of health services and |
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| | local authorities, with respect to their duties under section 179 of this Act.’. |
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| | Clause 19, page 17, leave out line 3. |
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| | Clause 19, page 17, line 14, at end insert— |
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| | | ‘(e) | promote the involvement of the public in decisions taken whether by the |
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| | | Board or Consortia about the health services that are to be commissioned |
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| | Clause 19, page 17, line 14, at end insert— |
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| | | ‘(1A) | In exercising its functions, the Board shall uphold the provisions of the Equality |
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| | | Act 2010 and the NHS Constitution as defined in Section 1 of the Health Act |
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| | | 2009, and ensure that these provisions apply to all providers of health services |
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| | | that it commissions in so far as they are providing health services.’. |
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| | Clause 19, page 17, line 16, at end insert— |
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| | | ‘(b) | in this section “Public” means people or groups of people who receive |
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| | | services or who may receive services provided as a result of the exercise |
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| | | of functions by the Board or consortia.’. |
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| | Clause 19, page 17, line 21, at end insert— |
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| | | ‘(2) | In discharging its duty under subsection (1), the board must make arrangements |
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| | | with a view to securing that it obtains advice from— |
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| | | (a) | persons with professional expertise in the commissioning of cancer |
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| | | (b) | persons with professional expertise in the clinical delivery of cancer |
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| | Clause 19, page 17, line 21, at end insert ‘including audiology and hearing loss |
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| | Clause 19, page 17, line 21, at end insert ‘and from persons with professional |
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| | expertise in patient and public involvement and review and scrutiny.’. |
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| | Clause 19, page 17, line 27, at end insert ‘insofar as making such payments does |
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| | not to any significant extent interfere with the performance by the Board of its functions.’. |
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| | Clause 19, page 17, line 39, at end insert— |
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| | | ‘13IA | Duty in respect of regional strategic planning |
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| | | The Board must, in the exercise of its functions and in partnership with |
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| | | commissioning consortia and Health and Wellbeing Boards, take responsibility |
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| | | for regional strategic planning of the provision of health services for the purposes |
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| | | of the NHS and take action to implement those plans, with particular regard to— |
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| | | (a) | the current health needs of regional populations; |
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| | | (b) | the future health needs of regional populations; |
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| | | (c) | the regional configuration of major health services for the purposes of the |
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| | | (d) | investment in capital infrastructure for the purposes of the NHS; |
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| | | (e) | the development of integrated pathways of care for individual conditions; |
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| | | (f) | the development of clinical networks.’. |
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| | Clause 19, page 17, line 43, after ‘with’, insert ‘other consortia and’. |
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| | Clause 19, page 17, line 44, at end insert— |
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| | | ‘(1A) | In exercising its function of arranging for the provision of services for the |
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| | | purposes of the heath service in England, the Board must act with a view to |
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| | | encouraging providers of health services to cooperate with other providers of |
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| | | health services for the purposes of the NHS, commissioning consortia, and local |
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| | | (1B) | Where the duty in this section conflicts with the duty to promote autonomy as |
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| | | specified in section 13E, the duty in this section shall be the primary duty. |
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| | | (1C) | Where the Board, its members, members of its committees or sub-committees, or |
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| | | its employees, are acting in accordance with this duty, they shall not be regarded |
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| | | as preventing, distorting or restricting competition for the purposes of section |
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| | | 2(1) of the Competition Act 1998 or Article 101 of the Treaty on the Functioning |
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| | | (1D) | If the Board finds that a licensed provider of health services for the purposes of |
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| | | the NHS is failing in its duty to cooperate with other providers of health services |
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| | | for the purposes of the NHS, commissioning consortia, local authorities and the |
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| | | Board, it shall refer the provider to Monitor under its powers under section 82.’. |
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| | Clause 19, page 18, line 14, at end insert— |
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| | | ‘13KA | Duty to ensure effective workforce planning |
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| | | In the exercise of its functions the Board must have regard to— |
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| | | (a) | the future size and makeup of the workforce needed to staff health |
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| | | services for the purposes of the NHS, and |
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| | | (b) | the necessity to train and ensure the continual professional development |
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| | Clause 19, page 18, line 15, at end insert— |
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| | | ‘13KA | Duty to encourage public involvement |
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| | | The Board must make arrangements to ensure proper public consultation over |
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| | | significant reconfigurations of services where the reconfiguration will affect |
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| | | more than one commissioning consortium.’. |
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| | Clause 19, page 18, line 21, after second ‘are’, insert ‘continuously’. |
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| | Clause 19, page 18, line 21, leave out from second ‘are’ to end of line 22 and insert |
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| | Clause 19, page 18, line 33, at end insert— |
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| | | ‘(d) | ensuring that reasonable adjustments are made so that the views of people |
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| | | with any impairments or disabilities can also be sought in relation to |
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| | Clause 19, page 18, line 37, at end insert— |
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| | | ‘(5) | The Board must have regard to the outcomes resulting from arrangements made |
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| | | under subsection (2) when exercising its functions.’. |
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| | Clause 19, page 18, line 37, at end insert— |
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| | | ‘(5) | Where a local authority is exercising its powers in respect of section 175 of this |
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| | | Act, whether through an overview and scrutiny committee or otherwise, the |
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| | | Board shall include in its arrangements under subsection (2) for the local |
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| | | authority, whether through an overview and scrutiny committee or otherwise, to |
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| | | be consulted in relation to matters in paragraphs 2(a) to (c).’. |
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| | Clause 19, page 19, line 35, at end insert— |
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| | | ‘(2A) | The business plan must include details of regional plans as to how the objectives |
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| | | will be achieved, including through collaboration with and between |
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| | | commissioning consortia for those population groups.’. |
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| | Clause 19, page 20, line 42, at end insert— |
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| | | ‘13RA | Power to make grants etc. |
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| | | (1) | The Board may make payments by way of grant or loan to a voluntary |
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| | | organisation which provides or arranges for the provision of services which are |
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| | | similar to the services in respect of which the Board has functions. |
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| | | (2) | The payments may be made subject to such terms and conditions as the Board |
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| | Clause 19, page 21, line 24, at end insert— |
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| | | (1) | Where the Board enters into a contractural arrangement to exercise its functions |
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| | | with a person other than— |
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| | | (b) | members of its committees or sub-committees, |
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| | | (d) | a Special Health Authority, or |
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| | | (e) | a commissioning consortium, |
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| | | it shall include provision in the contract that applies the duties of the Board |
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| | | (i) | the Freedom of Information Act 2000; |
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| | | (ii) | the Equality Act 2010; and |
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| | | (iii) | any requirements, direction or Regulations from the Secretary of |
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| | | State relating to remuneration of employees or publication of |
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| | | prescribed information relating to the remuneration of |
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| | | to that person in so far as they are exercising the functions of the Board or |
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| | | assisting the Board in the exercise of its functions. |
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| | | (2) | The Secretary of State may issue guidance on the Board’s duty under subsection |
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| | | 13TB | Duty to promote and uphold the NHS Constitution |
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| | | The Board must ensure that all commissioners and providers of services for the |
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| | | purpose of the NHS abide by the NHS Constitution, as legislated for in section 1 |
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| | | 13TC | Duty to ensure effective workforce planning |
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| | | The Board must ensure that all commissioners and providers of services for the |
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| | | purpose of the NHS follow any relevant provisions of the NHS Constitution, as |
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| | | defined by section 1 of the Health Act 2009.’. |
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| | Clause 20, page 23, line 40, at end insert— |
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| | | ‘(2A) | Any variations agreed shall be reported to Parliament.’. |
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| | Clause 20, page 24, line 32, at end insert— |
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| | | ‘(3) | To ensure the equitable provision of services, the Board must ensure that the per |
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| | | capita resources allocated to each consortium must be no less than 95 per cent. of |
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| | | the average per capita resources allocated for England.’. |
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| | Clause 21, page 25, line 38, after ‘services’, insert ‘or personal medical services’. |
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| | Clause 21, page 27, line 35, leave out ‘Regulations may make provision’ and insert |
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| | ‘The Board must, after consultation, determine and publish criteria.’. |
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| | Clause 21, page 28, line 20, at end insert— |
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| | | ‘(6) | In all cases the consortium must consent to the variation.’. |
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| | Clause 21, page 28, line 20, at end insert— |
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| | | ‘(6) | In discharging its duty under subsection (1), a commissioning consortium must |
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| | | give proper regard to engagement with its local hospital clinicians.’. |
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| | Clause 21, page 28, line 41, leave out ‘regulations may make provision’ and insert |
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| | ‘The Board must, after consultation, determine and publish criteria.’. |
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