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| | Schedule 2, page 227, line 11, at end insert— |
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| | | ‘2A(1) | The consortium must have a board that includes— |
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| | | (a) | a chair appointed by the membership of the consortium; |
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| | | (b) | the accountable officer if this is not the chair; |
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| | | (c) | at least three non-executive directors appointed by the chair that are |
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| | | not members of a commissioning consortium; |
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| | | (d) | at least one patient representative appointed by the local Healthwatch |
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| | | (e) | such additional clinical specialists that are needed to ensure that expert |
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| | | advice is available within the Board for the commissioning of services, |
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| | | (i) | a registered nurse, and |
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| | | (ii) | a member of the allied health professions; |
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| | | (f) | at least one representative from local authorities in the consortium |
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| | | (g) | no more than four other members of the consortium. |
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| | | (2) | The consortium must meet in public. |
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| | | (3) | The agenda and minutes from the consortium board and any sub-committees |
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| | Schedule 2, page 227, line 29, at end insert— |
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| | | ‘(3) | The consortium must make provision for its members individually to have the |
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| | | opportunity to decide the maximum number of patients they serve.’. |
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| | Schedule 2, page 228, line 1, leave out ‘not’. |
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| | Schedule 2, page 228, line 2, leave out from first ‘Crown’ to end of line. |
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| | Schedule 2, page 228, line 3, leave out ‘not to be regarded as property of, or’. |
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| | Schedule 2, page 228, line 6, after ‘such’, insert ‘suitably qualified’. |
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| | Schedule 2, page 228, line 9, after ‘determine’, insert ‘having due regard to the |
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| | NHS pay scales agreed following recommendations by the NHS Pay Review Body and |
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| | the Doctors and Dentists Pay Review Body, or any successor bodies,’. |
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| | Schedule 2, page 228, line 11, after ‘determine’, insert ‘having due regard to |
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| | agreements made by the NHS Staff Council.’. |
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| | Schedule 2, page 228, line 16, at end insert— |
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| | | ‘(4A) | Regulations under subsection (3) and guidance under subsection (4) shall also |
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| | | apply to any person with which the consortium enters into a contractural |
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| | | agreement relating to the excercise of its functions, including the employees of |
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| | | such a person, in so far as they are exercising the functions of the consortium or |
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| | | assisting the consortium in the exercise of its functions.’. |
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| | Schedule 2, page 228, line 21, after ‘schemes’, insert ‘having due regard to the |
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| | provisions of the NHS Pension scheme’. |
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| | Schedule 2, page 228, line 28, leave out ‘Board’ and insert ‘commissioning |
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| | Schedule 2, page 228, line 29, leave out ‘Board’ and insert ‘commissioning |
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| | Schedule 2, page 229, line 6, leave out ‘and 13’ and insert ‘to 14’. |
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| | Schedule 2, page 232, leave out lines 16 to 20. |
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| | Clause 22, page 30, line 29, at end insert— |
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| | | ‘(e) | promote public involvement in decisions about the health services that |
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| | | are to be commissioned for their areas.’. |
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| | Clause 22, page 30, line 31, at end insert— |
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| | | ‘14NA | Duties as to integration and collaboration |
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| | | (1) | Each commissioning consortium must, in the exercise of its functions, cooperate |
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| | | with the NHS Board, other commissioning consortia and local authorities. |
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| | | (2) | In arranging for the provision of services, each commissioning consortium must |
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| | | act with a view to encouraging providers of health services to cooperate with |
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| | | other providers of health services, commissioning consortia, local authorities and |
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| | Clause 22, page 30, line 31, 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 may receive services.’. |
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| | Clause 22, page 30, line 36, 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 22, page 30, line 36, at end insert— |
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| | | ‘14OA | Duty to consult staff |
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| | | (1) | Each commissioning consortium must have regard to the NHS Constitution, as |
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| | | legislated for in section 1 of the Health Act 2009, including the reponsibility to |
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| | | engage staff in the exercise of its functions and to engage staff on changes that |
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| | | may affect their working practices. |
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| | | (2) | Each commissioning consortium must publish a staff engagement strategy in |
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| | | relation to commissioning, including— |
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| | | (a) | developing and implementing commissioning strategies; |
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| | | (b) | reviewing services and care pathways; |
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| | | (c) | developing service specifications; |
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| | | (d) | procurement of services. |
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| | | (3) | Each commissioning consortium must engage regularly with staff representatives |
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| | | through local or regional Social Partnership Forums, or similar bodies, or any |
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| | | |
| | | 14OB | Duty to work in partnership |
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| | | Each commissioning consortium must seek to work in partnership with |
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| | | employers and staff side representatives in implementing new contracts, |
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| | | particularly where this would involve transfers or other changes that could affect |
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| | Clause 22, page 30, line 43, leave out from second ‘are’ to end of line 44 and insert |
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| | Clause 22, page 31, line 19, at end insert— |
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| | | ‘(7) | Consortia must have regard to the outcomes resulting from arrangements made |
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| | | under subsection (2) when exercising their functions.’. |
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| | Clause 22, page 31, line 19, at end insert— |
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| | | ‘(7) | 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, consortia |
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| | | shall include in their arrangements under subsection (2) for the local authority to |
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| | | be consulted, through an overview and scrutiny committee or otherwise, in |
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| | | relation to matters in paragraphs 2(a) to (c).’. |
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| | Clause 22, page 32, line 20, after ‘grant’, insert ‘or loan’. |
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| | Clause 22, page 33, leave out lines 12 to 14. |
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| | Clause 22, page 33, line 15, after ‘consult’, insert ‘representatives of |
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| | commissioning consortia and’. |
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| | Clause 22, page 33, leave out lines 15 to 19 and insert— |
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| | | ‘(4) | The Board must consult, and have regard to the views of, the Healthwatch |
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| | | England committee of the Care Quality Commission and other bodies and |
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| | | persons with professional expertise relating to patient and public involvement and |
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| | Clause 22, page 34, line 5, leave out ‘each financial year, each’ and insert ‘each |
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| | Clause 22, page 34, line 7, leave out ‘year’ and insert ‘period’. |
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| | Clause 22, page 34, line 7, at end insert— |
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| | | ‘( ) | In subsection (1), “relevant period”, in relation to a commissioning consortium, |
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| | | (i) | begins on such day during the first financial year of the |
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| | | consortium as the Board may direct, and |
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| | | (ii) | ends at the end of that financial year, and |
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| | | (b) | each subsequent financial year.’. |
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| | Clause 22, page 34, line 10, after ‘14L’, insert ‘and 14P’. |
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| | Clause 22, page 34, line 21, at end insert— |
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| | | ‘(aa) | a Health and Wellbeing Board must have regard to the views of a relevant |
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| | | overview and scrutiny committee for its area (where operated) when |
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| | | preparing to give its opinion on consortia commissioning plans.’. |
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| | Clause 22, page 34, line 23, after ‘opinion’, insert ‘and the views of any overview |
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| | and scrutiny committee.’. |
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| | Clause 22, page 34, line 31, at end insert— |
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| | | ‘(8A) | The commissioning consortium may revise the plan. |
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| | | (8B) | If the consortium proposes to revise the plan so as to make changes which it |
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| | | considers significant, subsections (3), (4)(a) and (5) apply in relation to the |
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| | | revision of the plan as they apply in relation to its preparation. |
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| | | (8C) | If the consortium revises the plan so as to make changes which it considers |
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| | | significant, subsections (4)(b) and (6) to (8) apply in relation to the revised plan |
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| | | as they apply in relation to the plan. |
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| | | (8D) | If the consortium revises the plan in any other way the consortium must— |
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| | | (a) | publish a document setting out the changes it has made to the plan, and |
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| | | (b) | give a copy of the document to the Board and each relevant Health and |
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| | | (8E) | The Board may publish guidance for commissioning consortia on the discharge |
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| | | of their functions by virtue of subsections (8A) to (8D). |
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| | | (8F) | A commissioning consortium must have regard to any guidance published by the |
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| | | Board under subsection (8E).’. |
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| | Clause 22, page 34, line 33, leave out ‘established for an area which’ and insert |
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| | ‘established by a local authority whose area’. |
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| | Clause 22, page 34, leave out lines 35 to 37. |
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| | Clause 22, page 34, line 39, after ‘financial year’, insert ‘other than its first |
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| | Clause 22, page 35, leave out lines 7 and 8 and insert— |
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| | | ‘(b) | make arrangements for the annual report to be drawn to the attention of |
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| | | patients and the public and their representatives, including holding a |
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| | | meeting or meetings for the purposes of presenting the report and for |
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| | | receiving the views of patients and the public and their representatives on |
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| | | the consortia’s assessment of how its functions have been discharged.’. |
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| | Clause 22, page 35, line 17, after ‘14L’, insert ‘and 14P’. |
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| | Clause 22, page 35, leave out lines 26 to 28. |
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| | Clause 22, page 37, leave out line 8. |
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| | Clause 22, page 38, line 24, leave out from ‘if’ to end of line 25 and insert ‘its area |
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| | coincides with, or includes the whole or any part of, the area of the consortium’. |
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| | Clause 22, page 39, line 11, after ‘Chapter,’ insert ‘— |
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| | | “financial year”, in relation to a commissioning consortium, includes the |
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| | | period which begins on the day the consortium is established and ends on |
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| | | the following 31 March;’. |
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| | Clause 179, page 152, line 29, at end insert— |
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| | | ‘(1A) | A Health and Wellbeing Board must, for the purposes of advancing the health and |
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| | | wellbeing of the people in its area, ensure that commissioners and providers of |
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| | | health care services for the purposes of the NHS cooperate with other providers |
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| | | of health care services, commissioning consortia, local authorities and the |
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| | | National Health Service Commissioning Board. |
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| | | (1B) | If a Health and Wellbeing Board finds that a licensed provider of health services |
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| | | for the purposes of the NHS is failing in its duty to cooperate with other providers |
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| | | of health services for the purposes of the NHS, commissioning consortia, local |
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| | | authorities and the National Health Service Commissioning Board, it shall refer |
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| | | the matter to Monitor for consideration.’. |
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| | Clause 54, page 64, line 3, at end insert— |
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| | | ‘(ea) | the need for commissioners of health care services to cooperate with one |
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| | | another with respect to section 72 of the National Health Service Act |
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| | | 2006 and with providers of health services for the purposes of the NHS |
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| | | to ensure that providers of health services cooperate with other providers |
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| | | of health care services, commissioning consortia, local authorities and |
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| | | the National Health Service Commissioning Board,’. |
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