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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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| 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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| 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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| Clause 22, page 31, line 24, at end insert— |
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| | ‘( ) | The commissioning consortium must include in its constitution— |
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| | (a) | a description of the arrangements made by it under subsection (2), and |
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| | (b) | a statement of the principles which it will follow in implementing those |
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| Clause 22, page 32, line 10, at end insert— |
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| | ‘( ) | Arrangements made under this section do not affect the liability of a |
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| | commissioning consortium for the exercise of any of its functions.’. |
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| Clause 22, page 32, line 22, at end insert— |
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| | ‘( ) | Arrangements made by virtue of this section do not affect the liability of a |
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| | commissioning consortium for the exercise of any of its functions.’. |
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| Clause 22, page 32, line 28, at end insert— |
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| | ‘(1A) | The Secretary of State must publish guidance to commissioning consortia about |
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| | its exercise of powers under subsection (1), to which each commissioning |
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| | consortia must have regard.’. |
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| Clause 22, page 33, line 42, at end insert— |
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| | ‘( ) | Arrangements made under this section do not affect the liability of a |
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| | commissioning consortium for the exercise of any of its functions.’. |
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| Clause 22, page 34, line 29, leave out ‘section 14L’ and insert ‘sections 14L and |
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| Clause 22, page 34, line 30, leave out ‘223K’ and insert ‘223JA’. |
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| Clause 22, page 34, line 31, leave out from beginning to end of line 3 on page 35. |
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| Clause 22, page 34, line 41, leave out paragraph (b) and insert— |
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| | ‘(b) | the consortium must provide information on its plan in response to the |
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| | Health and Wellbeing Board, and |
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| | (c) | before submitting the plan to the National Commissioning Board, the |
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| | consortium must obtain the consent of the Health and Wellbeing Board.’. |
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| Clause 22, page 35, leave out lines 9 to 22. |
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| Clause 22, page 35, line 24, leave out ‘subsections (10) to (13)’ and insert ‘this |
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| section and sections 14YA and 14YB’. |
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| Clause 22, page 35, line 27, leave out ‘section’ and insert ‘Chapter’. |
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| Clause 22, page 35, line 27, after ‘Board”’, insert ‘, in relation to a commissioning |
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| Clause 22, page 35, line 30, at end insert— |
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| | ‘14YA | Revision of commissioning plans |
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| | (1) | A commissioning consortium may revise a plan published by it under section |
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| | (2) | If the commissioning consortium revises the plan in a way which it considers to |
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| | (a) | the consortium must publish the revised plan, and |
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| | (b) | subsections (8) and (9) of section 14Y apply in relation to the revised plan |
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| | as they apply in relation to the original plan. |
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| | (3) | If the commissioning consortium revises the plan in any other way, the |
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| | (a) | publish a document setting out the changes it has made to the plan, and |
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| | (b) | give a copy of the document to the Board and each relevant Health and |
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| Clause 22, page 35, line 30, at end insert— |
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| | ‘14YB | Consultation about commissioning plans |
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| | (1) | This section applies where a commissioning consortium is— |
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| | (a) | preparing a plan under section 14Y, or |
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| | (b) | revising a plan under section 14YA in a way which it considers to be |
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| | (2) | The commissioning consortium must consult individuals for whom it has |
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| | responsibility for the purposes of section 3. |
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| | (3) | The consortium must involve each relevant Health and Wellbeing Board in |
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| | preparing or revising the plan. |
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| | (4) | The consortium must, in particular— |
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| | (a) | give each relevant Health and Wellbeing Board a draft of the plan or (as |
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| | the case may be) the plan as revised, and |
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| | (b) | consult each such Board on whether the draft takes proper account of |
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| | each joint health and wellbeing strategy published by it which relates to |
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| | the period (or any part of the period) to which the plan relates. |
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| | (5) | Where a Health and Wellbeing Board is consulted under subsection (4)(b), the |
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| | Health and Wellbeing Board must give the consortium its opinion on the matter |
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| | mentioned in that subsection. |
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| | (6) | Where a Health and Wellbeing Board is consulted under subsection (4)(b)— |
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| | (a) | it may also give the Board its opinion on the matter mentioned in that |
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| | (b) | if it does so, it must give the consortium a copy of its opinion. |
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| | (7) | If a commissioning consortium revises or further revises a draft after it has been |
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| | given to each relevant Health and Wellbeing Board under subsection (4), |
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| | subsections (4) to (6) apply in relation to the revised draft as they apply in relation |
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| | (8) | A commissioning consortium must include in a plan published under section |
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| | (a) | a summary of the views expressed by individuals consulted under |
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| | (b) | an explanation of how the consortium took account of those views, and |
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| | (c) | a statement of the final opinion of each relevant Health and Wellbeing |
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| | Board consulted in relation to the plan under subsection (4). |
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| | (9) | In this section, “joint health and wellbeing strategy” means a strategy under |
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| | section 116A of the Local Government and Public Involvement in Health Act |
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| | 2007 which is prepared and published by a Health and Wellbeing Board by virtue |
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| | of section 193 of the Health and Social Care Act 2011.’. |
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| Clause 22, page 35, line 30, at end insert— |
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| | ‘14YC | Opinion of Health and Wellbeing Boards on commissioning plans |
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| | (1) | A relevant Health and Wellbeing Board— |
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| | (a) | may give the Board its opinion on whether a plan published by a |
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| | commissioning consortium under section 14Y(7) or 14YA(2) takes |
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| | proper account of each joint health and wellbeing strategy published by |
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| | the Health and Wellbeing Board which relates to the period (or any part |
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| | of the period) to which the plan relates, and |
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| | (b) | if it does so, must give the consortium a copy of its opinion. |
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| | (2) | In this section, “joint health and wellbeing strategy” has the same meaning as in |
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| Clause 22, page 35, line 35, after ‘particular’, insert ‘— |
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| Clause 22, page 35, line 36, at end insert ‘, and— |
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| | (b) | review the extent to which the consortium has contributed to the delivery |
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| | of any joint health and wellbeing strategy to which it was required to have |
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| | regard under section 116B(1)(b) of the Local Government and Public |
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| | Involvement in Health Act 2007. |
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| | ( ) | In preparing the review required by subsection (2)(b), the consortium must |
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| | consult each relevant Health and Wellbeing Board.’. |
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| Clause 22, page 36, line 9, leave out ‘and’ and insert— |
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| Clause 22, page 36, line 9, at end insert— |
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| Clause 22, page 36, line 10, leave out ‘223K’ and insert ‘223JA’. |
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| Clause 22, page 36, line 10, at end insert ‘, and |
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| | ( ) | section 116B(1) of the Local Government and Public Involvement in |
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| | Health Act 2007 (duty to have regard to assessments and strategies).’. |
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| Clause 22, page 36, line 10, at end insert— |
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| | ‘( ) | In conducting a performance assessment, the Board must consult each relevant |
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| | Health and Wellbeing Board as to its views on the consortium’s contribution to |
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| | the delivery of any joint health and wellbeing strategy to which the consortium |
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| | was required to have regard under section 116B(1)(b) of that Act of 2007.’. |
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| Clause 22, page 36, line 10, at end insert— |
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| Clause 22, page 40, line 3, at end insert— |
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| | ‘“relevant Health and Wellbeing Board”, in relation to a commissioning |
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| | consortium, has the meaning given by section 14Y(16);’. |
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| Clause 23, page 40, line 41, leave out ‘general’ and insert ‘expenditure’. |
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| Clause 23, page 41, line 24, leave out from beginning to end of line 10 on page 42 |
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| | ‘(1) | For the purposes of this section and section 223JA— |
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| | (a) | a commissioning consortium’s capital resource use, in relation to a |
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| | financial year, means the consortium’s use of capital resources in that |
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| | (b) | a commissioning consortium’s revenue resource use, in relation to a |
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| | financial year, means the consortium’s use of revenue resources in that |
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| | (2) | A commissioning consortium must ensure that its capital resource use in a |
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| | financial year does not exceed the amount specified by direction of the Board. |
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| | (3) | A commissioning consortium must ensure that its revenue resource use in a |
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| | financial year does not exceed the amount specified by direction of the Board. |
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| | (4) | Any directions given in relation to a financial year under subsection (6) of section |
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| | 223DA apply (in relation to that year) for the purposes of this section as they |
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| | apply for the purposes of that section. |
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| | (5) | The Board may by directions make provision for determining to which |
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| | consortium a use of capital resources or revenue resources is to be attributed for |
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| | the purposes of this section or section 223JA. |
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| | (6) | Where the Board gives a direction under subsection (2) or (3), it must notify the |
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| | 223JA | Financial duties of consortia: additional controls on resource use |
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| | (1) | The Board may direct a commissioning consortium to ensure that its capital |
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| | resource use in a financial year which is attributable to matters specified in the |
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| | direction does not exceed an amount so specified. |
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| | (2) | The Board may direct a commissioning consortium to ensure that its revenue |
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| | resource use in a financial year which is attributable to matters specified in the |
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| | direction does not exceed an amount so specified. |
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