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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 Orders of the |
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| | | Committee [8 February and 8 March]. |
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| | Schedule 7, page 276, line 35, at end insert— |
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| | | ‘(d) | a patient representative appointed by Healthwatch England.’. |
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| | Schedule 7, page 276, line 37, at end insert— |
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| | | ‘(2A) | The management board of Monitor must meet in public.’. |
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| | Schedule 7, page 279, line 30, at end insert— |
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| | | ‘Annual meeting of members |
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| | | 8A (1) | Monitor must hold an annual meeting of its members. |
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| | | (2) | The meeting must be open to members of the public. |
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| | | (3) | At least one member of the management board must attend the meeting and |
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| | | present the following documents to the members at the meeting— |
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| | | (b) | any report of the auditor on them, and |
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| | Schedule 7, page 280, leave out lines 19 to 23. |
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| | Schedule 7, page 280, leave out lines 34 and 35. |
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| | Schedule 7, page 281, leave out lines 1 to 6. |
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| | Clause 52, page 62, leave out lines 34 and 35. |
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| | Clause 52, page 62, line 36, leave out ‘in particular’. |
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| | Clause 52, page 63, line 2, at end insert— |
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| | | ‘(3A) | Monitor must, in exercising its functions, involve and engage patients and the |
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| | Clause 52, page 63, line 9, leave out subsection (6). |
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| | Clause 52, page 63, line 12, at end insert ‘, with a reference in this Part to health |
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| | care services being read accordingly; and for the purposes of this Part it does not matter |
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| | if a health care service is also an adult social care service (as to which, see section 53).’. |
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| | Clause 54, page 63, line 40, at end insert— |
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| | | ‘(ca) | the need for enhancing collaboration and integration between health and |
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| | | (cb) | the impact that its actions affecting one service could have on related |
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| | | services and the local health economy as a whole,’. |
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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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| | Clause 54, page 64, line 22, at end insert— |
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| | | ‘(m) | the future workforce needs to staff health services for the purposes of the |
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| | | NHS, and the necessity to train and ensure the continual professional |
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| | | development of that workforce.’. |
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| | Clause 55, page 64, line 32, after ‘period)’ insert ‘or under paragraph 17 of |
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| | Schedule 7 to this Act (accounts of NHS foundation trusts)’. |
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| | Clause 57, page 66, line 21, leave out subsection (2). |
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| | Clause 57, page 66, line 22, leave out paragraph (a). |
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| | Clause 57, page 66, line 25, after ‘under’ insert ‘or by virtue of’. |
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| | Clause 59, page 67, line 24, at end insert ‘and that the failure is significant’. |
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| | Clause 59, page 67, line 26, at end insert— |
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| | | ‘( ) | But the Secretary of State may not give a direction under subsection (2) in relation |
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| | | to the performance of functions in a particular case.’. |
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| | Clause 59, page 67, line 31, at end insert— |
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| | | ‘( ) | Where the Secretary of State exercises a power under subsection (2) or (3), the |
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| | | Secretary of State must publish the reasons for doing so.’. |
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| | Clause 39, page 54, line 44, leave out ‘an NHS body’ and insert ‘a body within |
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| | subsection (1A)(a) to (c)’. |
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| | Clause 39, page 55, line 11, leave out ‘(1A)(b)’ and insert ‘(1A)(d)’. |
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| | Clause 39, page 55, line 15, leave out ‘(1A)(b)’ and insert ‘(1A)(d)’. |
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| | Schedule 4, page 238, line 3, at end insert— |
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| | | ‘ | Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).’. |
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| | Schedule 4, page 238, line 25, at end insert— |
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| | | ‘( ) | In subsection (2A), in paragraph (b) for “paragraphs (a) to (h)” substitute |
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| | | “paragraphs (za) to (h)”.’. |
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| | Schedule 4, page 239, line 23, at end insert— |
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| | | ‘ | In section 78 (directed partnership agreements), in subsection (3)— |
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| | | (a) | omit paragraph (a), and |
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| | | (b) | omit paragraph (b).’. |
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| | Schedule 4, page 239, leave out lines 38 to 41 and insert— |
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| | | ‘(a) | any facilities the provision of which is arranged by the Board |
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| | | or (as the case may be) the consortium under this Act, |
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| | | (b) | any facilities of the Board or (as the case may be) the |
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| | | (c) | the services of persons employed by the Board or (as the case |
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| | | may be) the consortium.’. |
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| | Schedule 4, page 239, line 41, at end insert— |
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| | | ‘() | In subsection (4) after “carry out” insert “, and the Board or a commissioning |
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| | | consortium may arrange for the carrying out of,”.’. |
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| | Schedule 4, page 240, line 16, at end insert ‘and |
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| | | ( ) | any facilities of the Board or (as the case may be) the consortium,’. |
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| | Schedule 4, page 240, line 21, at end insert— |
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| | | ‘( ) | at the end of paragraph (c) insert “or”, and’. |
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| | Schedule 4, page 240, line 22, at end insert ‘and the word “or” immediately |
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| | Schedule 4, page 240, line 29, at end insert— |
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| | | ‘(9) | The Board or a commissioning consortium may arrange to make |
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| | | available to local authorities the services of persons providing services |
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| | | pursuant to arrangements made under this Act by the Board or (as the |
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| | | case may be) the consortium, so far as is reasonably necessary and |
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| | | practicable to enable local authorities to discharge their functions |
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| | | relating to social services, education and public health.’. |
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| | Schedule 4, page 240, line 40, at end insert ‘and, |
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| | | ( ) | in paragraph (b) at the beginning insert “where the person is the |
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| | | Secretary of State and is not the officer’s employer,”.’. |
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| | Schedule 4, page 247, line 5, at end insert— |
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| | | ‘( ) | subsection (7)(a) and (b).’. |
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| | Schedule 4, page 256, line 4, leave out paragraph 101. |
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| | Schedule 4, page 256, line 13, leave out paragraphs (b) to (g) and insert— |
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| | | ‘( ) | in paragraph (a) after “(“NHS services”)” insert “or in arranging for |
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| | | the provision of such services”, |
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| | | ( ) | in paragraph (d) after “NHS services” insert “or with arranging for the |
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| | | provision of such services”, and |
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| | | ( ) | in paragraph (f) after “NHS services” insert “or with arranging for the |
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| | | provision of such services”.’. |
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| | Schedule 4, page 256, line 23, at end insert— |
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| | | ‘() | In subsection (2), for “section 28(6)” substitute “section 275(1)”.’. |
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| | Schedule 4, page 256, line 30, leave out sub-paragraph (3) and insert— |
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| | | ‘() | After subsection (5) insert— |
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| | | “(5A) | A “public health service contractor” means any person providing |
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| | | services of any description under arrangements made in the exercise |
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| | | of the public health functions of the Secretary of State or a local |
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| | Schedule 4, page 256, line 36, leave out sub-paragraphs (2) and (3) and insert— |
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| | | ‘() | In subsection (1)(a) after “health service provider” insert “, public health |
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| | | () | In subsection (3)(d) after “health service provider” insert “, public health |
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| | Schedule 4, page 256, line 39, at end insert— |
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| | | ‘ | In section 201 (disclosure of information), in subsection (3)(a) for “any of the |
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| | | Secretary of State’s functions” substitute “any of the functions of the Secretary |
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| | | of State, the Board, a commissioning consortium or a local authority”.’. |
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| | Schedule 4, page 256, line 41, leave out sub-paragraphs (2) and (3) and insert— |
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| | | ‘() | In subsection (1) after “health service provider” insert “, “public health service |
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| | | (a) | after “in relation to” insert “the Secretary of State, local authorities,”, |
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| | | (b) | after “health service providers” insert “, public health service |
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| | Schedule 4, page 257, line 5, at end insert— |
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| | | ‘ (1) | Section 211 (acquisition, use and maintenance of property) is amended as |
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| | | (2) | In subsection (4) for “A local social services authority” substitute “A local |
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| | | (3) | After that subsection insert— |
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| | | “(4A) | In subsection (4), “local authority” has the same meaning as in section |
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| | Schedule 4, page 257, line 26, after ‘appointed’ insert ‘under paragraph 10 of |
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| | Schedule 4, page 259, line 7, at end insert— |
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| | | ‘ | In section 234 (special arrangement as to payment of remuneration), omit |
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| | Schedule 4, page 259, line 33, at end insert— |
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| | | ‘ (1) | Section 242 (public involvement and consultation) is amended as follows. |
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| | | (a) | omit paragraph (a), and |
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| | | (3) | Omit subsections (4) and (5).’. |
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