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| | ‘223DA | Financial duties of the Board: controls on total resource use |
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| | |
| | “total capital resource use”, in relation to a financial year, means the use of |
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| | capital resources in that year by the Board and commissioning consortia |
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| | |
| | “total revenue resource use”, in relation to a financial year, means the use of |
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| | revenue resources in that year by the Board and commissioning consortia |
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| | (2) | The Board must ensure that total capital resource use in a financial year does not |
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| | exceed the amount specified by the Secretary of State. |
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| | (3) | The Board must ensure that total revenue resource use in a financial year does not |
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| | exceed the amount specified by the Secretary of State. |
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| | (4) | The Secretary of State may give directions, in relation to a financial year, |
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| | specifying descriptions of resources which must, or must not, be treated as capital |
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| | resources or revenue resources for the purposes of this Chapter. |
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| | (5) | The Secretary of State may give directions, in relation to a financial year, |
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| | specifying uses of capital resources or revenue resources which must not be taken |
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| | into account for the purposes of this Chapter. |
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| | (6) | The Secretary of State may give directions, in relation to a financial year, |
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| | specifying uses of capital resources or revenue resources which must be taken |
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| | into account for the purposes of this section. |
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| | (7) | The amount specified for the purposes of subsection (2) or (3) may be varied only |
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| | (a) | the Board agrees to the change, or |
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| | (b) | the Secretary of State considers that there are exceptional circumstances |
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| | which make the variation necessary. |
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| | (8) | Any reference in this Chapter to the use of capital resources or revenue resources |
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| | is a reference to their expenditure, consumption or reduction in value. |
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| | 223DB | Financial duties of the Board: additional controls on resource use |
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| | (1) | The Secretary of State may direct the Board to ensure that total capital resource |
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| | use in a financial year which is attributable to matters specified in the direction |
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| | does not exceed an amount so specified. |
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| | (2) | The Secretary of State may direct the Board to ensure that total revenue resource |
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| | use in a financial year which is attributable to matters specified in the direction |
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| | does not exceed an amount so specified. |
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| | (3) | The Secretary of State may direct the Board to ensure — |
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| | (a) | that total revenue resource use in a financial year which is attributable to |
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| | such prescribed matters relating to administration as are specified in the |
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| | direction does not exceed an amount so specified; |
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| | (b) | that the Board’s use of revenue resources in a financial year which is |
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| | attributable to such prescribed matters relating to administration as are |
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| | specified in the direction does not exceed an amount so specified. |
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| | (4) | The Secretary of State may give directions, in relation to a financial year, |
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| | specifying uses of capital resources or revenue resources which must, or must not, |
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| | be taken into account for the purposes of subsection (1) or (as the case may be) |
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| | (5) | The Secretary of State may not give a direction under subsection (1) or (2) unless |
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| | the direction is for the purpose of complying with a limit imposed by the |
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| Clause 21, page 27, line 18, leave out ‘and’ and insert— |
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| | ‘( ) | that the applicants have made appropriate arrangements to ensure that the |
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| | consortium will have a governing body which satisfies any requirements |
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| | imposed by or under this Act and is otherwise appropriate, and’. |
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| Clause 21, page 27, line 18, at end insert— |
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| | ‘(ea) | that the constitution contains provision for an executive board of the |
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| | (ii) | publish agendas and minutes of its meetings, |
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| | (iii) | include appropriate representation of a range of clinicians among |
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| | (iv) | include appropriate local democratic representation among its |
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| | (v) | include appropriate patient representation among its |
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| | (eb) | that the area specified by the constitution contains a sufficiently large |
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| | population for the consortium to be able to commission health services |
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| | for that population effectively.’. |
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| Clause 21, page 29, line 28, at end insert— |
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| | ‘14IA | Publication of constitution of consortia |
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| | (1) | A commissioning consortium must publish its constitution. |
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| | (2) | If the constitution of a commissioning consortium is varied under section 14E or |
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| | 14F, the consortium must publish the constitution as so varied.’. |
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| Clause 21, page 29, line 35, at end insert— |
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| | ‘( ) | the publication of the constitutions of commissioning consortia under |
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| Clause 21, page 29, line 35, at end insert— |
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| | ‘Governing bodies of consortia |
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| | 14JA | Governing bodies of commissioning consortia |
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| | (1) | A commissioning consortium must have a governing body. |
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| | (2) | The main function of the governing body is to ensure that the consortium has |
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| | made appropriate arrangements for ensuring that it complies with— |
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| | (a) | its obligations under section 14K, and |
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| | (b) | such generally accepted principles of good governance as are relevant to |
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| | (3) | The governing body also has— |
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| | (a) | the function of determining the remuneration, fees and allowances |
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| | payable to the employees of the consortium or to other persons providing |
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| | (b) | such other functions connected with the exercise of its main function as |
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| | may be specified in the consortium’s constitution or by regulations. |
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| | (4) | Only the following may be members of the governing body— |
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| | (a) | a member of the consortium who is an individual; |
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| | (b) | an individual appointed by virtue of regulations under section 14JC(2); |
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| | (c) | an individual of a description specified in the constitution of the |
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| | (5) | A commissioning consortium may pay members of the governing body such |
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| | remuneration and allowances as it considers appropriate. |
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| | (6) | Regulations may make provision requiring a commissioning consortium to obtain |
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| | the approval of its governing body before exercising any functions specified in |
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| | (7) | Regulations may make provision requiring governing bodies of commissioning |
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| | consortia to publish, in accordance with the regulations, prescribed information |
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| | relating to determinations made under subsection (3)(a). |
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| | (8) | The Board may publish guidance for governing bodies on the exercise of their |
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| | function under subsection (3)(a). |
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| | 14JB | Audit and remuneration committees of governing bodies |
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| | (1) | The governing body of a commissioning consortium must have an audit |
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| | committee and a remuneration committee. |
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| | (2) | The audit committee has— |
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| | (a) | such functions in relation to the financial duties of the consortium as the |
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| | governing body considers appropriate for the purpose of assisting it in |
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| | discharging its function under section 14JA(2), and |
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| | (b) | such other functions connected with the governing body’s function under |
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| | section 14JA(2) as may be specified in the consortium’s constitution or |
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| | (3) | The remuneration committee has— |
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| | (a) | the function of making recommendations to the governing body as to the |
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| | discharge of its function under section 14JA(3)(a), and |
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| | (b) | such other functions connected with the governing body’s function under |
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| | section 14JA(2) as may be specified in the consortium’s constitution or |
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| | 14JC | Regulations as to governing bodies of commissioning consortia |
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| | (1) | Regulations may make provision specifying the minimum number of members of |
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| | governing bodies of commissioning consortia. |
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| | (a) | provide that the members of governing bodies must include the |
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| | accountable officer of the consortium; |
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| | (b) | provide that the members of governing bodies, or their audit or |
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| | remuneration committees, must include— |
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| | (i) | individuals who are health care professionals of a prescribed |
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| | (ii) | individuals who are lay persons; |
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| | (iii) | individuals of any other description which is prescribed; |
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| | (c) | in relation to any description of individuals mentioned in regulations by |
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| | virtue of paragraph (b), specify— |
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| | (i) | the minimum number of individuals of that description who must |
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| | (ii) | the maximum number of such individuals who may be |
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| | (d) | provide that the descriptions specified for the purposes of section |
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| | 14JA(4)(c) may not include prescribed descriptions. |
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| | (3) | Regulations may make provision as to— |
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| | (a) | qualification and disqualification for membership of governing bodies or |
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| | their audit or remuneration committees; |
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| | (b) | how members are to be appointed; |
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| | (c) | the tenure of members (including the circumstances in which a member |
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| | ceases to hold office or may be removed or suspended from office); |
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| | (d) | eligibility for re-appointment. |
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| | (4) | Regulations may make provision for the appointment of chairs and deputy chairs |
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| | of governing bodies or their audit or remuneration committees, including |
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| | (a) | qualification and disqualification for appointment; |
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| | (b) | tenure of office (including the circumstances in which the chair or deputy |
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| | chair ceases to hold office or may be removed or suspended from office); |
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| | (c) | eligibility for re-appointment. |
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| | (a) | make provision as to the matters which must be included in the |
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| | constitutions of commissioning consortia under paragraph 5B of |
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| | (b) | make such other provision about the procedure of governing bodies or |
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| | their audit or remuneration committees as the Secretary of State |
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| | considers appropriate, including provision about the frequency of |
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| | |
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| | “health care professional” means an individual who is a member of a |
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| | profession regulated by a body mentioned in section 25(3) of the National |
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| | Health Service Reform and Health Care Professions Act 2002; |
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| | “lay person” means an individual who is not— |
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| | (a) | a member of the consortium, |
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| | (b) | a health care professional, or |
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| | (c) | an individual of a prescribed description.’. |
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| Clause 22, page 30, line 3, at end insert— |
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| | ‘14JD | Duty to promote NHS Constitution |
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| | (1) | Each commissioning consortium must, in the exercise of its functions— |
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| | (a) | act with a view to securing that health services are provided in a way |
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| | which promotes the NHS Constitution, and |
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| | (b) | promote awareness of the NHS Constitution among patients, staff and |
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| | |
| | |
| | “health services” means services provided as part of the health service; |
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| | “patients” and “staff” have the same meanings as in Chapter 1 of Part 1 of |
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| | the Health Act 2009 (see section 3(7) of that Act).’. |
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| Clause 22, page 30, line 6, at end insert— |
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| | ‘14KA | Duty as to commissioning of services |
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| | In carrying out its duties in respect of the commissioning of services each |
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| | commissioning consortium must in the exercise of its functions have regard to the |
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| | interdependency of services and the impact that the arrangements for the |
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| | provision for one service may have on the financial and clinical sustainability of |
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| Clause 22, page 30, line 28, leave out ‘, promoting patient involvement etc.’. |
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| Clause 22, page 30, leave out lines 35 to 38. |
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| Clause 22, page 30, line 40, at end insert— |
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| | ‘14NA | Duty to promote involvement of each patient |
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| | (1) | Each commissioning consortium must, in the exercise of its functions, promote |
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| | the involvement of patients, and their carers and representatives (if any), in |
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| | decisions about the provision of health services to the patients. |
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| | (2) | The Board may publish guidance for commissioning consortia on the discharge |
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| | of their duties under this section. |
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| | (3) | A commissioning consortium must have regard to any guidance published by the |
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| | Board under subsection (2). |
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| | (4) | In this section, “health services” has the same meaning as in section 14N. |
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| | 14NB | Duty as to patient choice |
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| | (1) | Each commissioning consortium must, in the exercise of its functions, act with a |
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| | view to enabling patients to make choices with respect to aspects of health |
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| | services provided to them. |
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| | (2) | In this section, “health services” has the same meaning as in section 14N.’. |
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| Clause 22, page 31, line 2, leave out from ‘must’ to ‘advice’ in line 3 and insert |
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| |
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| Clause 22, page 31, line 4, leave out from ‘persons’ to end of line 5 and insert ‘who |
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| (taken together) have a broad range of professional expertise in— |
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| | (a) | the prevention, diagnosis or treatment of illness, and |
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| | (b) | the protection or improvement of public health.’. |
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| Clause 22, page 31, line 5, at end insert— |
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| | ‘(2) | The Board may publish guidance for commissioning consortia on the discharge |
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| | of their duties under subsection (1). |
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| | (3) | A commissioning consortium must have regard to any guidance published by the |
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| | Board under subsection (2).’. |
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| |
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| Clause 22, page 31, line 5, at end insert— |
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| | ‘14OA | Duty to promote innovation |
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| | (1) | Each commissioning consortium must, in the exercise of its functions, promote |
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| | innovation in the provision of health services (including innovation in the |
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| | arrangements made for their provision). |
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| | (2) | In this section, “health services” means services provided as part of the health |
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| Clause 22, page 31, line 5, at end insert— |
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| | ‘14OB | Duty in respect of research |
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| | Each commissioning consortium must, in the exercise of its functions, have |
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| | regard to the need to promote— |
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| | (a) | research on matters relevant to the health service, and |
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| | (b) | the use in the health service of evidence obtained from research.’. |
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| Clause 22, page 31, line 5, at end insert— |
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| | ‘14OC | Duty as to promoting integration |
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| | (1) | Each commissioning consortium must exercise its functions with a view to |
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| | securing that health services are provided in an integrated way where it considers |
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| | |
| | (a) | improve the quality of those services (including the outcomes that are |
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| | achieved from their provision), |
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| | (b) | reduce inequalities between persons with respect to their ability to access |
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| | (c) | reduce inequalities between persons with respect to the outcomes |
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| | achieved for them by the provision of those services. |
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| | (2) | Each commissioning consortium must exercise its functions with a view to |
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| | securing that the provision of health services is integrated with the provision of |
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| | health-related services or social care services where it considers that this would— |
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| | (a) | improve the quality of the health services (including the outcomes that |
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| | are achieved from the provision of those services), |
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| | (b) | reduce inequalities between persons with respect to their ability to access |
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| | |
| | (c) | reduce inequalities between persons with respect to the outcomes |
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| | achieved for them by the provision of those services. |
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| | |
| | “health services” means services provided as part of the health service; |
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| | “health-related services” means services that may have an effect on the |
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| | health of individuals but are not health services or social care services; |
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| | “social care services” means services that are provided in pursuance of the |
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| | social services functions of local authorities (within the meaning of the |
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| | Local Authority Social Services Act 1970).’. |
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| Clause 22, page 31, line 5, at end insert— |
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| | ‘14OA | Duty as to conflicts of interest |
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| | (1) | Each commissioning consortium must exercise its functions so as to ensure that |
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| | any conflicts of interest, and personal and prejudicial interests are dealt with. |
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| | (2) | The Secretary of State must issue guidance on how conflicts of interest and |
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| | personal and prejudicial interests should be dealt with by commissioning |
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| | consortia as part of their decision making.’. |
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| Clause 22, page 31, line 12, leave out from second ‘are’ to end of line 13 and insert |
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| Clause 22, page 31, line 18, leave out ‘a significant’ and insert ‘an’. |
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