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| Clause 23, page 42, line 11, leave out from beginning to end of line 3 on page 43. |
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| Clause 23, page 42, line 11, leave out ‘performance’ and insert ‘quality’. |
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| Clause 23, page 42, line 13, leave out from ‘consortium’ to end of line 15. |
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| Clause 23, page 42, line 15, at end insert— |
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| | ‘(1B) | For the purpose of determining whether to make a payment under subsection (1) |
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| | and (if so) the amount of the payment, the Board must take into account at least |
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| | one of the following factors— |
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| | (a) | the quality of relevant services provided during the financial year; |
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| | (b) | any improvement in the quality of relevant services provided during that |
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| | year (in comparison to the quality of relevant services provided during |
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| | previous financial years); |
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| | (c) | the outcomes identified during the financial year as having been achieved |
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| | from the provision at any time of relevant services; |
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| | (d) | any improvement in the outcomes identified during that financial year as |
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| | having been so achieved (in comparison to the outcomes identified |
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| | during previous financial years as having been so achieved). |
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| | (1C) | For that purpose, the Board may also take into account either or both of the |
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| | (a) | relevant inequalities identified during that year; |
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| | (b) | any reduction in relevant inequalities identified during that year (in |
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| | comparison to relevant inequalities identified during previous financial |
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| | (1D) | Regulations may make provision as to the principles or other matters that the |
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| | Board must or may take into account in assessing any factor mentioned in |
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| | (1E) | Regulations may provide that, in prescribed circumstances, the Board may, if it |
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| | considers it appropriate to do so— |
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| | (a) | not make a payment that would otherwise be made to a consortium under |
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| | (b) | reduce the amount of such a payment. |
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| | (1F) | Regulations may make provision as to how payments under subsection (1) may |
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| | be spent (which may include provision as to circumstances in which the whole or |
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| | part of any such payments may be distributed to members of the commissioning |
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| | (1G) | A commissioning consortium must publish an explanation of how the consortium |
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| | has spent any payment made to it under subsection (1). |
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| | “relevant services” means services provided in pursuance of arrangements |
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| | (a) | under section 3 or 3A or Schedule 1, or |
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| | (b) | by virtue of section 7A or 12; |
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| | “relevant inequalities” means inequalities between the persons for whose |
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| | benefit relevant services are at any time provided with respect to— |
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| | (a) | their ability to access the services, or |
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| | (b) | the outcomes achieved for them by their provision.’. |
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| Clause 23, page 42, line 16, leave out from beginning to end of line 3 on page 43. |
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| Clause 28, page 46, line 38, at end add— |
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| | ‘(3) | This section comes into force on a date to be specified by order by the Secretary |
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| | (4) | The time specified in subsection (3) must be after such time as the Secretary of |
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| | State is satisfied that the workforce education and training functions of strategic |
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| | health authorities are being fulfilled by another body.’. |
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| Schedule 3, page 262, line 4, leave out ‘223J and 223K(2)’ and insert ‘and |
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| Page 74, line 29, leave out Clause 55. |
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| Clause 56, page 74, line 37, leave out from ‘services’ to end of line 2 on page 75 |
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| and insert ‘by promoting provision of health care services which— |
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| | (a) | is economic, efficient and effective, and |
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| | (b) | maintains or improves the quality of the services.’. |
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| Clause 56, page 75, line 1, leave out paragraphs (a) and (b) and insert ‘by |
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| promoting collaboration and integration within health services in England’. |
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| Clause 56, page 75, line 4, at end insert— |
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| | ‘(2A) | Monitor must exercise its functions with a view to preventing anti-competitive |
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| | behaviour in the provision of health care services for the purposes of the NHS |
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| | which is against the interests of people who use such services. |
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| | (2B) | Monitor must exercise its functions with a view to enabling health care services |
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| | provided for the purposes of the NHS to be provided in an integrated way where |
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| | it considers that this would— |
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| | (a) | improve the quality of those services (including the outcomes that are |
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| | achieved from their provision) or the efficiency of 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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| | (2C) | Monitor must exercise its functions with a view to enabling the provision of |
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| | health care services provided for the purposes of the NHS to be integrated with |
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| | the provision of health-related services or social care services where it considers |
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| | (a) | improve the quality of those health care services (including the outcomes |
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| | that are achieved from their provision) or the efficiency of their |
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| | (b) | reduce inequalities between persons with respect to their ability to access |
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| | those health care services, or |
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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 health care services. |
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| | (2D) | Monitor must, in carrying out its duties under subsections (2B) and (2C), have |
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| | regard to the way in which— |
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| | (a) | the National Health Service Commissioning Board carries out its duties |
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| | under section 13J of the National Health Service Act 2006, and |
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| | (b) | commissioning consortia carry out their duties under section 14OC of |
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| Clause 56, page 75, line 4, at end insert— |
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| | ‘( ) | Monitor must secure that people who use health care services, and other members |
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| | of the public, are involved to an appropriate degree in decisions that Monitor |
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| | makes about the exercise of its functions (other than decisions it makes about the |
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| | exercise of its functions in a particular case).’. |
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| Clause 56, page 75, line 5, leave out subsection (3). |
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| Clause 56, page 75, line 6, at end insert— |
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| | ‘( ) | Monitor must obtain advice appropriate for enabling it effectively to discharge its |
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| | functions from persons who (taken together) have a broad range of professional |
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| | (a) | the prevention, diagnosis or treatment of illness (within the meaning of |
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| | the National Health Service Act 2006), and |
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| | (b) | the protection or improvement of public health.’. |
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| Clause 56, page 75, line 9, at end insert— |
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| | ‘( ) | Monitor must not exercise its functions for the purpose of causing a variation in |
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| | the proportion of health care services provided for the purposes of the NHS that |
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| | is provided by persons of a particular description if that description is by |
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| | (a) | whether the persons in question are in the public or (as the case may be) |
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| | (b) | some other aspect of their status.’. |
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| Clause 56, page 75, line 9, at end insert— |
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| | “health-related services” means services that may have an effect on people’s |
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| | health but are not health care 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 56, page 75, line 10, leave out subsections (5) to (8). |
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| Page 74, line 35, leave out Clause 56. |
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| Clause 58, page 76, line 11, at end insert— |
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| | ‘( ) | the desirability of persons who provide health care services for the |
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| | purposes of the NHS co-operating with each other in order to improve the |
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| | quality of health care services provided for those purposes,’. |
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| Page 75, line 38, leave out Clause 58. |
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| Page 76, line 29, leave out Clause 59. |
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| Clause 63, page 79, line 29, leave out ‘a function’ and insert ‘any function of |
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| Page 79, line 27, leave out Clause 63. |
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| Page 80, line 3, leave out Clause 64. |
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| Page 80, line 21, leave out Clause 65. |
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| Page 81, line 1, leave out Clause 66. |
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| Clause 67, page 82, line 7, leave out paragraph (c) and insert— |
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| | ‘(c) | do not engage in anti-competitive behaviour which is against the interests |
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| | of people who use such services.’. |
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| Clause 67, page 82, line 7, leave out from ‘to)’ to end of line 9 and insert ‘prevent |
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| collaboration or integration in the provision of health care services for those purposes.’. |
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| Clause 67, page 82, line 16, leave out paragraph (a) and insert— |
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| | ‘(a) | promoting collaboration and integration within the provision of services, |
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| Page 81, line 44, leave out Clause 67. |
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| Page 82, line 22, leave out Clause 68. |
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| Page 83, line 32, leave out Clause 69. |
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| Page 84, line 10, leave out Clause 70. |
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| Page 84, line 23, leave out Clause 71. |
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| Page 84, line 35, leave out Clause 72. |
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| Page 86, line 1, leave out Clause 73. |
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| Page 87, line 8, leave out Clause 74. |
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| Page 87, line 24, leave out Clause 75 |
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| Clause 100, page 100, line 41, leave out from first ‘of’ to end of line 42 and insert |
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| ‘preventing anti-competitive behaviour in the provision of health care services for those |
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| purposes which is against the interests of people who use such services;’. |
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| Clause 100, page 101, line 19, leave out ‘public or (as the case may be) private |
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| ownership’ and insert ‘the public or (as the case may be) private sector’. |
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