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Functions relating to mental health matters |
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(1) | After section 12 of the Mental Health Act 1983 insert— |
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“12ZA | Agreement for exercise of approval function: England |
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(1) | The Secretary of State may enter into an agreement with another person |
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for an approval function of the Secretary of State to be exercisable by |
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the Secretary of State concurrently— |
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(a) | with that other person, and |
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(b) | if a requirement under section 12ZB has effect, with the other |
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person by whom the function is exercisable under that |
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(2) | In this section and sections 12ZB and 12ZC, “approval function” |
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(a) | the function under section 12(2), or |
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(b) | the function of approving persons as approved clinicians. |
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(3) | An agreement under this section may, in particular, provide for an |
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approval function to be exercisable by the other party— |
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(a) | in all circumstances or only in specified circumstances; |
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(b) | in all areas or only in specified areas. |
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(4) | An agreement under this section may provide for an approval function |
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to be exercisable by the other party— |
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(a) | for a period specified in the agreement, or |
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(b) | for a period determined in accordance with the agreement. |
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(5) | The other party to an agreement under this section must comply with |
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such instructions as the Secretary of State may give with respect to the |
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exercise of the approval function. |
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(6) | An instruction under subsection (5) may require the other party to |
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cease to exercise the function to such extent as the instruction specifies. |
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(7) | The agreement may provide for the Secretary of State to pay |
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compensation to the other party in the event of an instruction such as is |
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mentioned in subsection (6) being given. |
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(8) | An instruction under subsection (5) may be given in such form as the |
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Secretary of State may determine. |
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(9) | The Secretary of State must publish instructions under subsection (5) in |
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such form as the Secretary of State may determine; but that does not |
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apply to an instruction such as is mentioned in subsection (6). |
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(10) | An agreement under this section may provide for the Secretary of State |
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to make payments to the other party; and the Secretary of State may |
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make payments to other persons in connection with the exercise of an |
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approval function by virtue of this section. |
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12ZB | Requirement to exercise approval functions: England |
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(1) | The Secretary of State may impose a requirement on the National |
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Health Service Commissioning Board (“the Board”) or a Special Health |
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Authority for an approval function of the Secretary of State to be |
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exercisable by the Secretary of State concurrently— |
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(a) | with the Board or (as the case may be) Special Health Authority, |
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(b) | if an agreement under section 12ZA has effect, with the other |
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person by whom the function is exercisable under that |
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(2) | The Secretary of State may, in particular, require the body concerned to |
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exercise an approval function— |
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(a) | in all circumstances or only in specified circumstances; |
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(b) | in all areas or only in specified areas. |
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(3) | The Secretary of State may require the body concerned to exercise an |
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(a) | for a period specified in the requirement, or |
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(b) | for a period determined in accordance with the requirement. |
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(4) | Where a requirement under subsection (1) is imposed, the Board or (as |
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the case may be) Special Health Authority must comply with such |
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instructions as the Secretary of State may give with respect to the |
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exercise of the approval function. |
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(5) | An instruction under subsection (4) may be given in such form as the |
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Secretary of State may determine. |
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(6) | The Secretary of State must publish instructions under subsection (4) in |
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such form as the Secretary of State may determine. |
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(7) | Where the Board or a Special Health Authority has an approval |
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function by virtue of this section, the function is to be treated for the |
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purposes of the National Health Service Act 2006 as a function that it |
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(8) | The Secretary of State may make payments in connection with the |
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exercise of an approval function by virtue of this section. |
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12ZC | Provision of information for the purposes of section 12ZA or 12ZB |
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(1) | A relevant person may provide another person with such information |
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as the relevant person considers necessary or appropriate for or in |
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(a) | the exercise of an approval function; or |
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(b) | the exercise by the Secretary of State of the power— |
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(i) | to enter into an agreement under section 12ZA; |
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(ii) | to impose a requirement under section 12ZB; or |
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(iii) | to give an instruction under section 12ZA(5) or 12ZB(4). |
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(2) | The relevant persons are— |
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(a) | the Secretary of State; |
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(b) | a person who is a party to an agreement under section 12ZA; or |
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(c) | if the Secretary of State imposes a requirement under section |
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12ZB on the National Health Service Commissioning Board or a |
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Special Health Authority, the Board or (as the case may be) |
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Special Health Authority. |
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(3) | This section, in so far as it authorises the provision of information by |
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one relevant person to another relevant person, has effect |
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notwithstanding any rule of common law which would otherwise |
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prohibit or restrict the provision. |
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(4) | In this section, “information” includes documents and records.” |
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(2) | In section 54(1) of that Act (requirement for certain medical evidence etc. to be |
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from practitioner approved under section 12 of the Act), after “the Secretary of |
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State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”. |
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(3) | In section 139(4) of that Act (protection for acts done in pursuance of the Act: |
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exceptions), at the end insert “or against a person who has functions under this |
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Act by virtue of section 12ZA in so far as the proceedings relate to the exercise |
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(4) | In section 145(1) of that Act (interpretation), in the definition of “approved |
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clinician”, after “the Secretary of State” insert “or another person by virtue of |
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section 12ZA or 12ZB above”. |
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(5) | In each of the following provisions, after “the Secretary of State” insert “, or by |
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another person by virtue of section 12ZA or 12ZB of that Act,”— |
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(a) | in section 8(2) of the Criminal Procedure (Insanity) Act 1964 |
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(interpretation), in the definition of “duly approved”, |
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(b) | in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the |
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definition of “duly approved”, |
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(c) | in section 6(1) of the Criminal Procedure (Insanity and Unfitness to |
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Plead) Act 1991 (interpretation), in the definition of “duly approved”, |
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(d) | in section 157(6) of the Criminal Justice Act 2003 (mentally disordered |
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offenders: definition of “medical report”), |
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(e) | in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: |
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definition of “duly approved”), and |
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(f) | in section 258(5) of that Act (mentally disordered offenders), in the |
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definition of “medical report”. |
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(1) | In section 23 of the Mental Health Act 1983 (discharge of patients), omit |
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subsections (3) and (3A). |
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(2) | In section 24 of that Act (visiting and examination of patients), omit subsections |
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(3) | In Schedule 1 to that Act (application of certain provisions of that Act to |
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patients subject to hospital and guardianship orders)— |
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(a) | in Part 1, in paragraph 1, omit “24(3) and (4),”, and |
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(b) | in Part 2, in paragraph 1, omit “24(3) and (4),”. |
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(4) | In consequence of the repeals made by this section— |
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(a) | in the National Health Service and Community Care Act 1990, in |
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(i) | omit paragraph 24(3)(a) and the “and” following it, and |
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(ii) | omit paragraph 24(4), |
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(b) | in the Health Authorities Act 1995, in Schedule 1, omit paragraph |
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(c) | in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3), |
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(d) | in the Health and Social Care (Community Health and Standards) Act |
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2003, in Schedule 4, omit paragraphs 53(a) and 54, |
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(e) | in the Domestic Violence, Crime and Victims Act 2004— |
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(i) | omit sections 37A(5), 38A(3), 43A(5) and 44A(3), |
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(ii) | in section 37A(7)(a), omit “, (5)”, and |
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(iii) | in section 43A(7), omit “, (5)”, and |
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(f) | in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and |
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(1) | Section 117 of the Mental Health Act 1983 (after-care) is amended as follows. |
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(a) | after “duty of the” insert “commissioning consortium or”, |
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(b) | omit “Primary Care Trust or” in each place it appears, |
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(c) | for “and of the local social services authority” substitute “, and it shall |
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be the duty of the local social services authority,”, |
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(d) | for “such time as the” substitute “such time as (in relation to England) |
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the commissioning consortium or”, |
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(e) | before “Local Health Board and the” insert “local social services |
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authority is satisfied that the person concerned is no longer in need of |
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such services or (in relation to Wales) the”, |
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(f) | for “are satisfied that the person concerned is no longer in need of such |
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services” substitute “are so satisfied”, and |
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(g) | for “they” substitute “it (in relation to England) or they (in relation to |
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(a) | in paragraph (a), omit “or section 12A(4) of the National Health Service |
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(b) | after paragraph (b) insert “; |
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| but see also subsection (2F)(b).” |
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(4) | After subsection (2C) insert— |
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“(2D) | Subsection (2) above, in its application to the commissioning |
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consortium, has effect as if— |
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(a) | for “to provide” there were substituted “to arrange for the |
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(b) | the words “, in co-operation with relevant voluntary agencies,” |
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(2E) | The duty imposed on the commissioning consortium by subsection (2) |
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above applies only to services for the provision of which the |
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(a) | a duty to arrange under section 3 of the National Health Service |
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(b) | a power to arrange under section 3A of that Act. |
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(2F) | The duty imposed on the commissioning consortium by subsection (2) |
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above is to be regarded for all purposes as a duty imposed on it by |
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section 3 of that Act; and accordingly— |
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(a) | references in any provision made by or under any Act to the |
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provision of services under that section or that Act are to be |
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read as including a reference to the provision of services under |
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(b) | references in any provision made by or under this or any other |
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Act to the provision of services under this section are to be read |
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in the light of this subsection. |
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(2G) | The Secretary of State may by regulations provide that the duty |
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imposed on the commissioning consortium by subsection (2) above is, |
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in the circumstances or to the extent prescribed by the regulations, to be |
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imposed instead on another commissioning consortium or the National |
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Health Service Commissioning Board. |
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(2H) | Where regulations under subsection (2G) above provide that the duty |
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imposed by subsection (2) above is to be imposed on the National |
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Health Service Commissioning Board, subsections (2D) to (2F) above |
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(a) | references to the commissioning consortium were references to |
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the National Health Service Commissioning Board; and |
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(b) | subsection (2E) above were omitted. |
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(2I) | Section 272(7) and (8) of the National Health Service Act 2006 applies to |
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the power to make regulations under subsection (2G) above as it |
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applies to a power to make regulations under that Act.” |
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(a) | after “section “the” insert “commissioning consortium or”, |
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(b) | omit “Primary Care Trust or” in each place it appears, and |
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(c) | after “means the”, in the first place it appears, insert “commissioning |
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(6) | In consequence of the repeals made by subsections (2)(b) and (5)(b), omit |
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paragraph 47 of Schedule 2 to the National Health Service Reform and Health |
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Care Professions Act 2002. |
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36 | Provision of pocket money for in-patients |
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(1) | Section 122 of the Mental Health Act 1983 (provision of pocket money for in- |
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patients) is amended as follows. |
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(a) | for “Secretary of State may” substitute “Welsh Ministers may (in |
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(b) | for “he thinks fit” substitute “the Welsh Ministers think fit”, |
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(c) | for “their” substitute “those persons’”, |
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(d) | for “him” substitute “the Welsh Ministers”, and |
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(e) | for “they” substitute “those persons”. |
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(a) | omit “the National Health Service Act 2006 and”, and |
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(b) | for “either of those Acts” substitute “that Act”. |
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(4) | In section 146 of that Act (application to Scotland), omit “122,”. |
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