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| | (b) | omit paragraph (i).’. |
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| Schedule 6, page 274, line 33, at end insert— |
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| | ‘Directions under section 7 of the 2006 Act |
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| | 1A (1) | This paragraph applies if section 17 is commenced before section 29(1). |
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| | (2) | Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if |
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| | after “Special Health Authority” there were inserted “or Primary Care Trust”. |
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| | (3) | Sub-paragraph (4) applies in relation to any direction given under section 7(1) |
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| | of the 2006 Act to a Primary Care Trust which has effect immediately before |
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| | |
| | (4) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has |
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| | effect by virtue of sub-paragraph (2)). |
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| | (5) | Sub-paragraph (6) applies in relation to any direction given under section 7(2) |
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| | of the 2006 Act to a Special Health Authority in respect of the functions of a |
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| | Primary Care Trust which has effect immediately before section 17 is |
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| | |
| | (6) | Until section 29(1) is commenced, the direction continues to have effect as if |
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| | given to the Special Health Authority in respect of the functions of the Primary |
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| | Care Trust under section 7(1) of the 2006 Act. |
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| | (7) | Any reference in this paragraph to section 7(1) of the 2006 Act is a reference |
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| | to that provision as amended by section 17. |
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| | 1B (1) | Sub-paragraph (2) applies in relation to any direction given under section 7(1) |
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| | of the 2006 Act to a Special Health Authority which has effect immediately |
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| | before section 17 is commenced. |
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| | (2) | The direction continues to have effect on and after the commencement of that |
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| | section as if given under section 7(1) of the 2006 Act (as amended by section |
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| Clause 46, page 60, line 5, at end insert— |
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| | ‘( ) | Schedule Abolition of the Health Protection Agency: consequential amendments |
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| | (which makes amendments of other enactments in consequence of the provision |
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| | made by this section) has effect.’ |
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| Clause 62, page 68, line 40, leave out subsection (2). |
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| Clause 62, page 69, line 3, leave out subsection (4). |
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| Clause 62, page 69, line 16, leave out ‘sections 60 and’ and insert ‘section’. |
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| Clause 63, page 69, line 42, at end insert— |
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| | ‘(ba) | do not act in a manner that would (or would be likely to) prevent, restrict |
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| | or distort competition in the provision of health care services for those |
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| Clause 63, page 69, line 43, leave out paragraph (c). |
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| Clause 63, page 69, line 45, leave out ‘Subsection (1) applies’ and insert |
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| ‘Requirements imposed by regulations under this section apply’. |
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| Clause 63, page 70, leave out line 3. |
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| Clause 64, page 70, line 13, at end insert— |
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| | ‘(aa) | a power to investigate on its own initiative whether the National Health |
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| | Service Commissioning Board or a commissioning consortium has failed |
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| | to comply with a requirement imposed by virtue of section 63(1)(ba);’. |
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| Clause 64, page 70, line 16, after ‘(a)’ insert ‘or (aa)’. |
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| Clause 64, page 70, leave out lines 23 to line 15 on page 71. |
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| Clause 64, page 70, line 26, leave out paragraph (b). |
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| Clause 64, page 70, line 29, leave out ‘powers conferred by virtue of subsection (3) |
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| are’ and insert ‘power conferred by virtue of subsection (3) is’. |
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| Clause 67, page 72, line 43, after ‘considers’ insert ‘would or’. |
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| Clause 69, page 73, line 21, leave out from first ‘the’ to end of line 21 and insert |
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| ‘non-designation of the service for the purposes of this Part. |
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| | (1A) | In the absence of an application under subsection (1) it is assumed that all health |
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| | services are designated.’. |
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| Clause 69, page 73, leave out line 23. |
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| Clause 69, page 73, line 24, after second ‘is,’ insert ‘not’. |
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| Clause 69, page 73, line 31, at end insert— |
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| | ‘(c) | increase or fail to decrease inequalities between the people of England |
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| | (iii) | access to health services.’. |
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| Clause 69, page 73, line 39, at end insert— |
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| | ‘(ba) | the potential impact on other services in the organisation or region’. |
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| Clause 69, page 74, line 1, leave out ‘must grant an application under this section’ |
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| and insert ‘may grant an application under this section only’. |
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| Clause 69, page 74, line 6, leave out from beginning to ‘to’ in line 7 and insert |
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| ‘Monitor must give notice of its decision on an application under this section’. |
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| Clause 69, page 74, line 10, at beginning insert ‘Where Monitor grants the |
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| Clause 69, page 74, line 11, leave out ‘right of appeal conferred by section 70’ and |
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| insert ‘rights conferred by section (Complaint about grant of application for |
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| Clause 69, page 74, line 11, at end insert— |
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| | ‘( ) | Where Monitor refuses the application, a notice under subsection (7) given to the |
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| | commissioner or the provider of the service must— |
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| | (a) | give the reasons for the refusal, and |
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| | (b) | explain the rights conferred by section (Complaint about refusal of |
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| | application for designation).’. |
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| Page 74, line 42, leave out Clause 70. |
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| Clause 71, page 75, line 10, leave out ‘the relevant’ and insert ‘each review’. |
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| Clause 71, page 75, line 14, leave out subsection (2) and insert— |
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| | ‘(2) | The first review period is a period which is of such duration as Monitor may by |
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| | direction specify but which— |
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| | (a) | must not begin before the expiry of the period of one year after the date |
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| | of the notice under section 69(7), and |
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| | (b) | must end before the expiry of the period of ten years after that date. |
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| | (2A) | Each subsequent review period is a period which is of such duration as Monitor |
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| | may by direction specify but which— |
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| | (a) | must not begin before the expiry of the period of one year after the date |
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| | on which the previous review under subsection (1) was completed, and |
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| | (b) | must end before the expiry of the period of ten years after that date. |
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| | (2B) | For the purposes of subsections (2) and (2A), Monitor may specify— |
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| | (a) | the same period in respect of all designated services, or |
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| | (b) | different periods in respect of different designated services or designated |
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| | services of different descriptions.’. |
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| Clause 71, page 75, line 35, leave out ‘must grant an application under subsection |
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| (3)’ and insert ‘may grant an application under subsection (3) only’. |
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| Clause 71, page 75, line 40, leave out from beginning to ‘to’ in line 41 and insert |
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| ‘Monitor must give notice of its decision on an application under subsection (3)’. |
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| Clause 71, page 75, line 43, at end insert— |
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| | ‘( ) | Where Monitor grants the application, a notice under subsection (7) given to a |
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| | provider of a service for the purposes of the NHS must explain the rights |
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| | conferred by section (Complaint about grant of application for removal of |
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| | |
| | ( ) | Where Monitor refuses the application, the notice under subsection (7) given to |
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| | |
| | (a) | give the reasons for the refusal, and |
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| | (b) | explain the rights conferred by section (Complaint about refusal of |
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| | application for removal of designation).’. |
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| Clause 71, page 76, line 1, leave out subsections (8) to (10). |
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| Clause 77, page 79, line 24, at end insert ‘; |
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| | ( ) | where the Secretary of State is proposing to give a direction under |
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| | subsection (3)(b) or (c), give notice of the proposal to the person from |
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| | whom the Secretary of State proposes to withdraw the exemption.’. |
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| Clause 77, page 79, line 30, at end insert— |
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| | ‘( ) | The period so specified must be not less than 28 days beginning with the |
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| | day after that on which the notice is received or (as the case may be) |
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| Clause 82, page 80, line 32, at end insert— |
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| | ‘(2) | If a provider of health services for the purposes of the NHS is referred by the |
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| | National Health Service Commissioning Board with respect to subsection (1D) |
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| | of section 13J of the National Health Service Act 2006, Monitor shall investigate |
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| | with respect to the provider’s licence.’. |
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| |
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| Clause 84, page 81, line 16, leave out ‘of 28 days mentioned in’ and insert ‘for |
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| bringing an appeal under’. |
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| Clause 84, page 81, line 18, leave out from ‘after’ to the end and insert ‘that |
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| Clause 89, page 84, line 5, leave out ‘or accountability’. |
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| Clause 89, page 84, line 13, at end insert— |
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| | ‘( ) | Monitor must not exercise a function to which this section applies in a way which |
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| | it considers would result in a particular licence holder or holders of licences of a |
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| | particular description being put at an unfair advantage or disadvantage in |
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| | competing with others in the provision of health care services for the purposes of |
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| | |
| | (a) | being in public or (as the case may be) private ownership, or |
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| | (b) | some other aspect of its or their status.’. |
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| Clause 90, page 84, line 23, leave out from ‘things’ to second ‘in’ in line 24 and |
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| insert ‘or things of a specified description (or to do, or not to do, any such things in a |
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| specified manner) within such period as may be specified’. |
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| Clause 90, page 84, line 26, at end insert— |
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| | ‘(ca) | requiring the licence holder to do, or not to do, specified things (or to do, |
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| | or not to do, specified things in a specified manner) in order to promote |
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| | cooperation in the provision of health care services for the purposes of |
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| Clause 90, page 84, line 42, at end insert— |
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| | ‘( ) | to do, or not to do, specified things or things of a specified |
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| | description (or to do, or not to do, any such things in a specified |
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| | manner) within such period as may be specified in order to |
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| | ensure the continued provision of designated services,’. |
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| Clause 90, page 84, line 47, at end insert— |
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| | ‘(ia) | requiring the licence holder, with respect to Monitor’s duty under section |
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| | |
| | (i) | to make such provision as Monitor deems necessary for staff |
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| | |
| | (ii) | to allow the easy transfer of staff between the licence holder and |
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| | other licence holders for the purposes of staff training.’. |
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