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18.—(1) The Board must consult the persons specified in paragraph (2)—
(a)before exercising its functions under regulation 17(1) and (2) for the first time; and
(b)before revising—
(i)terms and conditions it has drafted pursuant to regulation 17(1), or
(ii)a model commissioning contract it has drafted pursuant to regulation 17(2),
in a way which would, in the opinion of the Board, result in a substantial change to those terms and conditions or that contract (as the case may be).
(2) The persons specified for the purposes of paragraph (1) are—
(a)the Care Quality Commission(1);
(b)CCGs;
(c)Healthwatch England(2);
(d)Monitor(3);
(e)the Secretary of State; and
(f)such other persons as the Board considers it is appropriate to consult.
The Care Quality Commission is established by section 1 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”).
Healthwatch England is established as a committee of the Care Quality Commission by virtue of paragraph 6(1A) of Schedule 1 to the 2008 Act, as amended by section 181(2) of the 2012 Act.
Monitor is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act.
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