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| Clause 221, page 192, line 21, leave out ‘and’. |
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| Clause 221, page 192, line 31, after ‘any’, insert ‘public’. |
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| Clause 221, page 192, line 40, at end insert— |
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| | ‘“public body” means a body or other person whose functions— |
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| | (a) | are of a public nature, or |
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| | (b) | include functions of that nature, |
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| | but, in the latter case, the body or person is a public body to the extent |
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| | only of those functions;’. |
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| Clause 223, page 193, line 24, after ‘provision’, insert ‘, or the facilitation of the |
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| Clause 233, page 196, line 5, at end insert— |
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| | ‘(2) | A statement of standards prepared and published by the Institute before |
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| | commencement is to be treated on and after commencement as if it were a quality |
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| | (a) | prepared and published by NICE in accordance with section 218, |
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| | (b) | endorsed under subsection (5) of that section, and |
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| | (c) | in respect of which the transitional commissioner is the relevant |
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| | commissioner for the purposes of that section. |
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| | (3) | Subsections (4) to (6) apply to a case where before commencement— |
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| | (a) | the Secretary of State has referred a matter to the Institute for the purpose |
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| | of preparing and publishing a statement of standards, but |
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| | (b) | the Institute has not published the statement. |
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| | (4) | The referral by the Secretary of State to the Institute of the matter is to be treated |
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| | on and after commencement as if it were a direction given to NICE by the |
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| | transitional commissioner for the preparation of a quality standard in relation to |
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| | that matter under section 218(1); and the transitional commissioner is to be |
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| | treated as the relevant commissioner for the purposes of that section. |
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| | (5) | Anything done by the Institute before commencement in relation to the matter is |
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| | to be treated on and after commencement as having been done by NICE in |
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| | pursuance of the direction. |
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| | (6) | Consultation undertaken by the Institute before commencement in relation to the |
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| | matter is to be treated on and after commencement as if it were consultation by |
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| | NICE under section 218(3) in relation to the preparation of the quality standard. |
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| | (7) | A procedure established by the Institute before commencement for the |
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| | preparation of statements of standards is to be treated on and after |
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| | commencement as if it were a procedure established by NICE in accordance with |
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| | section 218(7) for the preparation of quality standards. |
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| |
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| | (8) | For the purposes of this section “the transitional commissioner” is the Secretary |
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| | of State; but the Secretary of State, after consulting the Board, may direct that in |
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| | relation to a particular statement of standards or matter the transitional |
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| | (b) | both the Secretary of State and the Board. |
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| | |
| | “commencement” means the commencement of section 218; |
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| | “the Institute” means the Special Health Authority known as the National |
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| | Institute for Health and Clinical Excellence; |
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| | “statement of standards” means a document containing advice to the |
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| | Secretary of State in relation to the quality of the provision of health care |
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| | prepared and published by the Institute pursuant to the directions given |
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| | to the Institute by the Secretary of State on 27 July 2009.’. |
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| Schedule 16, page 331, line 7, at end insert— |
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| | ‘National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969) |
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| | | In Part 1 of the Schedule to the National Assembly for Wales |
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| | (Disqualification) Order 2010 (bodies of which the members are disqualified), |
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| | at the appropriate place insert— |
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| | | “National Institute for Health and Care Excellence;”.’. |
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| Clause 277, page 219, line 15, leave out ‘or by virtue of’. |
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| Clause 280, page 220, line 16, after ‘sections’, insert ‘46(1) and (3)’,. |
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| Clause 280, page 220, line 23, at end insert— |
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| | ‘( ) | section 259(1) and (3) and Part 2 of Schedule 19 (abolition of the |
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| | Appointments Commission),’. |
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| Clause 280, page 220, line 23, at end insert— |
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| | ‘( ) | sections 274 and 275 (transfer schemes) insofar as they confer powers in |
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| | connection with the abolition of the Health Protection Agency;’. |
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| | The national tariff: further provision |
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| To move the following Clause:— |
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| |
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| | ‘(1) | The ways in which a health care service may be specified in the national tariff |
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| | under section 104(1)(a) include in particular— |
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| | (a) | specifying it by reference to its components, |
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| | (b) | specifying it as a service (a “bundle”) that comprises two or more health |
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| | care services which together constitute a form of treatment, |
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| | (c) | specifying it as a service in a group of standardised services. |
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| | (2) | Where a service is specified in accordance with subsection (1)(a), the national |
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| | tariff must specify a national price for each component of the service. |
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| | (3) | Where a service is specified in accordance with subsection (1)(b), the national |
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| | tariff must specify a national price for the bundle. |
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| | (4) | Where a service is specified in accordance with subsection (1)(c), the national |
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| | tariff must specify a single price as the national price for each service in the group. |
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| | (5) | Neither a component specified in accordance with subsection (1)(a) nor a service |
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| | comprised in a bundle specified in accordance with subsection (1)(b) is to be |
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| | treated for the purposes of this Part as a service capable of being provided |
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| | separately for the purposes of the NHS except— |
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| | (a) | where the component, or the service comprised in the bundle, is specified |
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| | separately under subsection (1)(a) of section 104, or |
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| | (b) | in accordance with rules under subsection (2) of that section.’. |
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| Clause 102, page 94, leave out lines 15 to 20. |
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| Clause 104, page 94, line 40, at end insert ‘including how capital costs have been |
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| Clause 104, page 95, line 19, at end insert— |
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| | ‘(6A) | A description for the purposes of subsection (6)(b) may not be framed by |
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| | |
| | (a) | whether the provider is in public or private ownership, |
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| | (b) | whether the provider is an incumbent or new entrant, or |
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| | (c) | some other aspect of the status of the provider.’. |
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| Clause 104, page 95, line 19, at end insert— |
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| | ‘(6A) | A description for the purposes of subsection (6)(b) may not be framed by |
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| | reference to the costs incurred by a provider in relation to— |
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| | |
| | (b) | access to the NHS pension scheme.’. |
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| Clause 113, page 102, line 12, at end insert ‘if Monitor so decides.’. |
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| Clause 113, page 102, line 35, leave out ‘Before’ and insert ‘Whilst’. |
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| Clause 113, page 102, line 36, after ‘must’, insert ‘have regard to the need for early |
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| intervention procedures and’. |
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| Clause 115, page 104, line 21, leave out ‘licence holder’ and insert ‘foundation |
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| trust or the Secretary of State’. |
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| Clause 115, page 104, line 24, leave out ‘licence holders’ and insert ‘foundation |
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| trusts or the Secretary of State’. |
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| Clause 117, page 106, line 15, leave out ‘to another licence holder’ and insert ‘to |
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| either another NHS foundation trust or the Secretary of State’. |
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| Clause 117, page 106, line 19, at end insert ‘to another NHS foundation trust or the |
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| Clause 129, page 113, line 35, leave out ‘a financial year’ and insert ‘the two |
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| financial years immediately’. |
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| Clause 148, page 127, leave out line 26. |
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| Clause 150, page 128, leave out line 20. |
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| Clause 151, page 128, line 31, after ‘information’, insert ‘except patient |
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| Clause 153, page 129, leave out line 24. |
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| Clause 153, page 129, line 33, at end insert— |
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| | ‘(8) | National terms and conditions of NHS staff will be preserved.’. |
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| Clause 154, page 130, line 13, at end insert— |
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| | ‘(6) | National terms and conditions of NHS staff will be preserved.’. |
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| Clause 155, page 130, line 34, at end insert— |
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| | ‘(6) | National terms and conditions of NHS staff will be preserved.’. |
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| Page 136, line 33, leave out Clause 164. |
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