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| Clause 110, page 99, line 43, leave out from ‘agreement’ to end of line 3 on page |
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| Clause 110, page 100, line 12, leave out ‘or maximum price’. |
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| Clause 111, page 100, line 33, leave out from ‘determine’ to end of line 36. |
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| Clause 111, page 100, line 40, leave out ‘or maximum price’. |
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| Clause 113, page 102, line 34, at end insert— |
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| | ‘(5A) | Schedule 9 makes provision for the transfer of employees.’. |
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| Clause 114, page 103, line 18, leave out ‘designated’. |
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| Clause 114, page 103, line 20, after ‘imposed’ insert ‘in respect of that activity’. |
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| Clause 117, page 106, line 21, at end insert— |
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| | ‘(e) | for the transfer of staff from an NHS foundation trust or company subject |
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| | to a health special administration order to another licence holder.’. |
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| Clause 117, page 106, line 21, at end insert— |
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| | ‘(4) | Any regulations made under this section for staff transfer schemes shall make |
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| | provision which is the same or similar to the TUPE regulations. |
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| | (5) | In this section, “TUPE regulations” means the Transfer of Undertakings |
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| | (Protection of Employment) Regulations 2006 (S2006/246).’. |
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| Clause 124, page 110, line 6, at end insert— |
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| | ‘( ) | Provision by virtue of subsection (3)(e) does not affect any other method of |
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| Clause 128, page 112, line 35, leave out ‘and 5(6)’ and insert ‘, 5(6) and 6(6)’. |
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| Clause 128, page 112, line 38, leave out paragraph (b). |
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| Clause 129, page 113, line 40, at end insert ‘(but this does not affect any other |
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| Clause 130, page 114, line 33, leave out ‘in its opinion’. |
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| Clause 133, page 116, line 27, at end insert— |
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| | ‘( ) | This section is subject to paragraph 4(3) of Schedule 7 (delivery of notice from |
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| | Secretary of State of suspension of non-executive member of Monitor).’. |
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| Clause 136, page 117, line 40, at end insert— |
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| | ‘(c) | to consult with the staff of the NHS foundation trust and their |
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| | representatives on transfers of staff, implementation of new contracts or |
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| | other changes that could affect working practices.’. |
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| Clause 137, page 118, line 33, at end insert ‘The board of directors must consult |
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| with the staff of the NHS foundation trust and their representatives on transfers of staff, |
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| implementation of new contracts, or other changes that could affect working practices.’. |
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| To move the following Clause:— |
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| | ‘(1) | Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification, |
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| | certification and registration of deaths) is amended as follows. |
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| | (2) | In section 19 (medical examiners)— |
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| | (a) | in subsection (1) for “Primary Care Trusts” substitute “Local |
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| | (b) | in subsection (2) for “Trust” (in each place where it occurs) substitute |
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| | (c) | in subsection (5) for “a Primary Care Trust” substitute “a local |
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| | (3) | In section 20 (medical certificate of cause of death), in subsection (5) for |
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| | “Primary Care Trust” substitute “local authority”.’. |
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| | Conduct of reviews etc. by Care Quality Commission |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is |
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| | (2) | In section 48 (special reviews and investigations)— |
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| | (a) | in subsection (1) after “may” insert “, with the approval of the Secretary |
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| | (b) | after subsection (1) insert— |
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| | “(1A) | The Commission may conduct an investigation under this |
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| | section without the approval of the Secretary of State where the |
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| | Commission considers there to be a risk to the health, safety or |
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| | welfare of persons receiving health or social care.” |
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| | (3) | In section 54 (studies as to economy, efficiency etc.), in each of subsections (1) |
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| | and (3) after “may” insert “, with the approval of the Secretary of State,”. |
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| | (4) | In section 57 (reviews of data, studies and research), in subsection (1) after “may” |
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| | insert “, with the approval of the Secretary of State,”.’. |
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| | Amendments consequential on section 175 |
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| To move the following Clause:— |
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| | ‘(1) | Section 245 of the National Health Service Act 2006 (joint overview and scrutiny |
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| | committees) is amended in accordance with subsections (2) to (4). |
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| | (2) | In subsection (1) for the words from “relevant functions” to the end of the |
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| | subsection substitute ““relevant functions” means functions under regulations |
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| | under section 244(2) to (2ZC).”. |
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| | (3) | After subsection (4) insert— |
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| | “(4A) | The regulations may provide that, where a relevant function in relation to |
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| | a local authority is exercisable by a joint overview and scrutiny |
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| | committee by virtue of arrangements under regulations under subsection |
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| | (2)(a), the local authority may not discharge the function.” |
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| | (4) | Omit subsections (5) and (9). |
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| | (5) | Section 246 of that Act (exempt information) is amended in accordance with |
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| | (6) | In subsection (1) for the words from “a meeting of” to the end of the subsection |
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| | substitute “a meeting of a local authority or a committee of a local authority |
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| | which is an item relating to functions of the authority under regulations under |
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| | section 244(2) to (2ZC).” |
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| | (7) | In subsection (5) for “overview and scrutiny committees” substitute “local |
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| | (8) | In the heading to section 246 for “Overview and scrutiny committees” substitute |
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| | “Business relating to functions of local authorities by virtue of section 244”. |
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| | (9) | Section 247 of that Act (application to the City of London) is amended in |
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| | accordance with subsections (10) to (12). |
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| | (10) | For subsection (1) substitute— |
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| | “(1) | This section applies to a committee of the Common Council appointed to |
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| | exercise functions that the Council has under regulations under section |
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| | (11) | In subsection (2), for the words from the beginning to “apply” substitute “Section |
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| | 245(2)(b) and (c) applies”. |
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| | (a) | for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and |
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| | (b) | for the words from “in the case of the committee” to the end of the |
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| | subsection substitute “in the case of a committee to which this section |
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| | applies, references to functions under regulations under section 244(2) to |
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| | (2ZC) which are exercisable by the committee.” |
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| | (13) | In consequence of the amendments made by subsections (2) and (6), paragraphs |
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| | 84(2) and 85 of Schedule 3 to the Localism Act 2011 are omitted.’. |
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| To move the following Clause:— |
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| | ‘(1) | After section 1C of the National Health Service Act 2006 insert— |
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| | 1D | Public Health England and its functions |
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| | (1) | There is a body to be known as Public Health England (“PHE”). |
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| | (2) | The PHE shall exercise such functions of the Secretary of State under this |
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| | Act as may be prescribed. |
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| | (3) | The Secretary of State may make regulations in relation to PHE about— |
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| | (b) | its membership and its members; |
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| | (d) | committees, procedures and exercise of functions; |
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| | (e) | provision of information; |
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| | (g) | its seal and evidence. |
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| | (4) | The Secretary of State may by regulations prescribe health-related |
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| | functions of the Secretary of State (other than functions under the |
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| | National Health Service Act 2006) which are to be exercisable by Public |
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| | (5) | In subsection (4), “health-related functions” means functions related |
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| | either directly or indirectly to the health of the public.’. |
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| To move the following Schedule:— |
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