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| | (3) | 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 prescribed matters relating |
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| | to administration does not exceed an amount specified in the direction. |
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| | (4) | The Board may give directions, in relation to a financial year, specifying uses of |
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| | capital resources or revenue resources which must, or must not, be taken into |
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| | account for the purposes of subsection (1) or (as the case may be) subsection (2) |
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| | (5) | The Board may not exercise the power conferred by subsection (1) or (2) in |
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| | relation to particular matters unless the Secretary of State has given a direction in |
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| | relation to those matters under subsection (1) of section 223DB or (as the case |
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| | may be) subsection (2) of that section. |
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| | (6) | The Board may not exercise the power conferred by subsection (3) in relation to |
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| | prescribed matters relating to administration unless the Secretary of State has |
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| | given a direction in relation to those matters under subsection (3)(a) of section |
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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, as amended, and Clauses 24, 28 and 29 Agreed to on division. |
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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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