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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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| 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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| Clause 90, page 85, line 23, at end insert— |
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| | ‘( ) | The references in subsections (1)(d) and (6) to the activities of a business include |
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| | a reference to the activities of an NHS foundation trust in so far as its activities |
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| | would not otherwise be the activities of a business.’. |
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| Clause 91, page 86, line 31, leave out ‘licences’ and insert ‘all licences or (as the |
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| case may be) licences of that description’. |
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| Clause 92, page 87, line 37, after ‘applicant’ insert ‘or licence holder concerned’. |
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| Clause 92, page 87, line 41, after ‘applicant’ insert ‘or licence holder concerned’. |
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| Clause 92, page 87, line 44, after ‘applicant’ insert ‘or licence holder concerned’. |
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| Clause 92, page 88, line 5, at end insert— |
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| | ‘( ) | Where the standard conditions applicable to all licences or (as the case may be) |
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| | to licences of a particular description are modified pursuant to a reference made |
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| | under subsection (4), Monitor— |
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| | (a) | may also make such incidental or consequential modifications as it |
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| | considers necessary or expedient of any other conditions of a licence |
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| | which is affected by the modifications, |
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| | (b) | must make (as nearly as may be) the same modifications of those |
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| | conditions for the purposes of their inclusion in all licences or (as the case |
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| | may be) licences of that description granted after that time, and |
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| | (c) | must publish any modifications made under this subsection.’. |
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| Clause 92, page 88, line 6, leave out subsection (7). |
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| Schedule 8, page 285, line 33, leave out paragraph (b). |
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| Schedule 8, page 286, line 20, after ‘day’ insert ‘after that’. |
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| Schedule 8, page 288, line 19, leave out ‘and (6)’ and insert ‘, (6) and (8) to (11)’. |
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| Schedule 8, page 288, line 34, after ‘(7)’ insert ‘to (11)’. |
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| Schedule 8, page 288, line 35, leave out ‘7’ and insert ‘8’. |
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| Schedule 8, page 289, line 44, leave out ‘offences and’. |
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| Clause 93, page 89, line 6, leave out ‘licences’ and insert ‘all licences or (as the |
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| case may be) licences of that description’. |
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| Schedule 9, page 290, line 14, at end insert— |
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| | ‘( ) | explain the effect of section 96,’. |
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| Schedule 9, page 291, line 1, after ‘period’, insert ‘(“the payment period”)’. |
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| Schedule 9, page 291, line 1, after ‘made’, insert— |
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| | ‘( ) | any discount applicable for early payment of the penalty,’. |
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| Schedule 9, page 291, line 5, at end insert— |
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| | ‘() | The payment period must be not less than 28 days beginning with the day after |
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| | that on which the final notice is received.’. |
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| Schedule 9, page 291, line 29, at end insert— |
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| | ‘ | Monitor may by notice to a person on whom a discretionary requirement has |
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| | (a) | withdraw the discretionary requirement, |
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| | (b) | in the case of a variable monetary penalty, reduce the amount of the |
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| | penalty or extend the payment period, or |
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| | (c) | in the case of a compliance requirement or a restoration requirement, |
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| | extend the period specified for taking the steps specified in the |
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| Schedule 9, page 291, line 41, at end insert— |
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| | ‘( ) | state any discount applicable for early payment of the |
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| Schedule 9, page 292, leave out lines 6 to 8 and insert— |
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| | ‘() | Monitor may by notice to a person on whom a non-compliance penalty has |
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| | been imposed reduce the amount of the penalty or extend the payment period.’. |
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| Schedule 9, page 293, line 4, at end insert— |
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| | ‘() | But Monitor must not under sub-paragraph (1) publish any part of an |
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| | enforcement undertaking which contains commercial information the |
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| | disclosure of which Monitor considers would or might significantly harm the |
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| | legitimate business interests of any person to whom it relates.’. |
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| Schedule 9, page 293, line 33, leave out ‘the person is to be treated’ and insert |
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| ‘Monitor may treat the person’. |
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| Schedule 9, page 293, line 35, leave out ‘accordingly’ and insert ‘if Monitor |
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| decides so to treat the person’. |
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| Clause 99, page 92, line 7, leave out ‘licence holder’ and insert ‘person’. |
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| Clause 101, page 93, line 13, leave out ‘for the time being published’. |
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| Clause 102, page 93, line 33, leave out ‘within a specified period’ and insert ‘(or to |
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| do, or not to do, any such things in a specified manner) within such period as may be |
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| Clause 102, page 93, line 41, leave out ‘the trust’ and insert ‘a person’. |
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| Clause 102, page 93, line 42, after ‘(5)’, insert ‘(a)’. |
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| Clause 102, page 93, line 45, leave out ‘that subsection’ and insert ‘subsection (5)’. |
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| Clause 103, page 94, line 27, leave out from ‘service’ to end of line 30. |
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| Clause 104, page 94, line 40, leave out ‘, or maximum prices,’. |
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| Clause 104, page 94, line 42, leave out ‘, or maximum price,’. |
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| Clause 104, page 95, line 8, leave out ‘or maximum price’. |
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| Clause 104, page 95, line 8, at end insert— |
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| | ‘(2A) | The national tariff may also provide— |
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| | (a) | for rules for the variation in specified circumstances of prices specified |
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| | (b) | for rules relating to the payment of prices so specified.’. |
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| Clause 104, page 95, line 8, at end insert— |
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| | ‘(3) | Any agreement reached under subsection (2) must be approved by the Board in |
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| Clause 104, page 95, line 10, at end insert ‘and, where the national tariff provides |
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| for rules under subsection (2A), as to the application of those rules.’. |
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| Clause 104, page 95, leave out lines 15 to 19. |
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| Clause 104, page 95, line 16, leave out ‘or different maximum prices’. |
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| Clause 104, page 95, line 19, at end insert— |
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| | ‘( ) | 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, or |
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| | (b) | some other aspect of the status of the provider.’. |
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| Clause 104, page 95, line 20, leave out ‘, or a maximum price,’. |
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| Clause 104, page 95, line 21, leave out from first ‘the’ to end of line 23 and insert |
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| ‘public health functions of the Secretary of State, or of a local authority, under the |
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| National Health Service Act 2006.’. |
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| Clause 105, page 95, line 40, leave out ‘, or maximum prices,’. |
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