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| Clause 105, page 95, line 42, leave out ‘or maximum price’. |
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| Clause 105, page 96, line 8, leave out ‘or maximum price’. |
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| Clause 105, page 96, line 8, at end insert— |
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| | ‘(4A) | The notice must also specify— |
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| | (a) | any rules for which Monitor proposes to provide in the national tariff for |
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| | the variation in specified circumstances of prices specified in the national |
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| | (b) | any rules for which it proposes so to provide relating to the payment of |
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| Clause 105, page 96, line 14, at end insert— |
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| | ‘( ) | In exercising functions under subsection (5), the Board and Monitor must act with |
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| | a view to securing the standardisation throughout England of the specification of |
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| | health care services in the national tariff under section 104(1)(a).’. |
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| Clause 105, page 96, line 20, leave out ‘, or maximum prices,’. |
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| Clause 105, page 96, line 21, leave out ‘or maximum prices’. |
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| Clause 105, page 96, line 25, leave out ‘or maximum prices’. |
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| Clause 105, page 96, line 36, at end insert— |
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| | ‘( ) | Any rules specified for the purposes of subsection (4A) are only such rules as the |
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| | Board considers should be so specified and— |
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| | (a) | as the Board and Monitor agree will be so specified, or |
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| | (b) | in default of agreement, as are determined by arbitration as being the |
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| | rules that will be so specified.’. |
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| Schedule 10, page 296, line 32, leave out ‘(3)’ and insert ‘(4)’. |
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| Schedule 10, page 296, line 34, leave out ‘that sub-paragraph’ and insert ‘sub- |
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| Clause 108, page 99, line 4, after ‘day’ insert ‘after that’. |
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| Clause 109, page 99, line 9, after ‘day’ insert ‘after that’. |
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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 4, after ‘of’ insert ‘, and Schedule 9 to,’. |
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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 113, page 102, line 39, at end insert— |
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| | ‘( ) | In section 57 of that Act (mergers etc: supplementary) (as amended by section |
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| | (a) | in subsection (3)(a), for “the persons mentioned in section 54(4)” |
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| | substitute “another NHS foundation trust, an NHS trust or the Secretary |
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| | (b) | omit subsection (3)(b), and |
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| | (c) | in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or |
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| | (c)” substitute “another NHS foundation trust or an NHS trust”. |
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| | ( ) | In section 64 of that Act (procedure for orders and regulations under Chapter 5 of |
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| | Part 2 of that Act) (as amended by section 157 of this Act), in subsection (4), omit |
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| Clause 113, page 102, line 43, leave out subsection (4). |
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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 134, page 116, line 34, after ‘Monitor’, insert ‘or the Competition |
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| Clause 134, page 116, line 36, after ‘Monitor’, insert ‘or (as the case may be) the |
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| Clause 134, page 116, line 41, after first ‘Monitor’, insert ‘or the Competition |
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| Clause 134, page 116, line 44, after ‘Monitor’, insert ‘or (as the case may be) the |
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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 136, page 118, line 10, at end insert— |
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| | ‘( ) | In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor |
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| | by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary |
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| Clause 136, page 118, line 17, after ‘33(4)(a)’ insert ‘(in each place it appears)’. |
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| Clause 136, page 118, line 19, after ‘in’ insert ‘section 60(2) and (3) and’. |
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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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| Clause 148, page 126, line 20, after ‘capital)’ insert ‘— |
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| | (a) | in subsection (2), at the end insert “; and the reference to section 40 is a |
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| | reference to that section as it had effect until the commencement of |
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| | section 148(2) of the Health and Social Care Act 2011 (which repealed |
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| | subsection (2) of that section)”, and |
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| Clause 150, page 128, line 25, at end insert— |
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| | ‘( ) | In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act |
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| Clause 156, page 130, line 39, at end insert— |
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| | ‘( ) | An application under this section may be made only with the approval of more |
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| | than half of the members of the council of governors of the applicant.’ |
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| Clause 157, page 131, line 17, at end insert ‘, and |
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| | (c) | in paragraph (b), at the end insert “or trusts”.’. |
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| Clause 162, page 135, line 38, leave out paragraph (d) and insert— |
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| | ‘(d) | for “(5)” substitute “(7)”.’. |
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| Clause 162, page 136, line 5, leave out paragraph (d) and insert— |
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| | ‘(d) | for “(4)” substitute “(7)”.’. |
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| Clause 163, page 136, line 29, leave out ‘(m)’ and insert ‘(n)’. |
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| Clause 163, page 136, line 30, after ‘(ab)’ insert ‘, (6ZA)’. |
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| Clause 163, page 136, line 30, at end insert— |
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| | ‘( ) | in paragraph 28(3) of Schedule 4 to that Act, the words from “or where” |
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| | ( ) | paragraph 22(1)(g) to (n) of Schedule 7 to that Act, |
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| | ( ) | in the definition of “NHS trust” in section 206(1) of the National Health |
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| | Service (Wales) Act 2006, the words from “(including” to the end, |
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| | ( ) | section 18(9), (10) and (12) of the Health Act 2009, and’. |
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| Schedule 12, page 301, line 18, omit paragraph 4. |
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| Schedule 12, page 302, line 8, after ‘trusts)’ insert ‘— |
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| | (a) | in subsection (3)(a), omit “, an NHS trust”, |
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| | (b) | in subsection (4), omit “or an NHS trust”, and |
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