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| | Clause, as amended, Agreed to. |
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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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| | “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, as amended, Agreed to. |
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| Schedule 2, page 255, line 11, at end insert— |
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| | ‘() | The name of the consortium must comply with such requirements as may be |
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| Schedule 2, page 255, line 14, leave out ‘remuneration and the other’. |
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| Schedule 2, page 255, line 24, leave out ‘or’ and insert— |
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| | ‘( ) | its governing body, or’. |
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| Schedule 2, page 255, line 30, at end insert— |
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| | ‘() | The constitution must also specify the arrangements made by the |
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| | commissioning consortium for securing that there is transparency about the |
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| | decisions of the consortium and the manner in which they are made.’. |
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| Schedule 2, page 255, line 30, at end insert— |
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| | ‘(3) | The constitution must make provision for dealing with any other personal and |
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| | prejudicial interests of members or employees.’. |
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| Schedule 2, page 255, line 31, after ‘by’, insert ‘virtue of’. |
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| Schedule 2, page 255, line 33, at end insert— |
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| | ‘Governing bodies of consortia |
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| | 5A (1) | The constitution must specify the arrangements made by the commissioning |
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| | consortium for the discharge of the functions of its governing body. |
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| | (a) | must include provision for the appointment of the audit committee and |
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| | remuneration committee of the governing body, and |
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| | (b) | may include provision for the appointment of other committees or sub- |
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| | committees of the governing body. |
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| | (3) | Arrangements under sub-paragraph (2)(a) may include provision for the audit |
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| | committee to include individuals who are not members of the governing body. |
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| | (4) | Arrangements under sub-paragraph (2)(b) may include provision for a |
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| | committee or sub-committee to include individuals who are not members of |
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| | the governing body but are— |
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| | (a) | members of the consortium, or |
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| | (b) | individuals of a description specified in the constitution. |
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| | (5) | The consortium may pay travel or other allowances to members of any |
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| | committee or sub-committee of the governing body who are not members of |
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| | (6) | The arrangements may include provision for any functions of the governing |
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| | body to be exercised on its behalf by— |
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| | (a) | any committee or sub-committee of the governing body, |
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| | (b) | a member of the governing body, |
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| | (c) | a member of the consortium who is an individual (but is not a member |
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| | of the governing body), or |
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| | (d) | an individual of a description specified in the constitution. |
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| | 5B (1) | The constitution must specify the procedure to be followed by the governing |
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| | body in making decisions. |
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| | (2) | The constitution must, in particular, make provision for dealing with conflicts |
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| | of interests of members of the governing body. |
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| | (3) | The constitution must also specify the arrangements made by the |
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| | commissioning consortium for securing that there is transparency about the |
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| | decisions of the governing body and the manner in which they are made. |
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| | (4) | The provision made under sub-paragraph (3) must include provision for |
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| | meetings of governing bodies to be open to the public, except where the |
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| | consortium considers that it would not be in the public interest to permit |
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| | members of the public to attend a meeting or part of a meeting.’. |
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| Schedule 2, page 256, line 14, leave out ‘it may determine’ and insert ‘its |
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| governing body determines under section 14JA(3)(a)’. |
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| Schedule 2, page 256, line 14, after ‘determine’, insert ‘having due regard to the |
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| NHS pay scales agreed following recommendations by the NHS Pay Review Body and |
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| the Doctors and Dentists Pay Review Body, or any successor bodies,’. |
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| Schedule 2, page 256, line 16, after ‘determine’, insert ‘having due regard to |
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| agreements made by the NHS Staff Council’. |
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| Schedule 2, page 256, leave out lines 18 to 23. |
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| Schedule 2, page 257, line 20, leave out ‘223K’ and insert ‘223JA’. |
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| | Schedule, as amended, Agreed to. |
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| |
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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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