Health and Social Care Bill

175:Clause 69, page 93, line 38, after ““Monitor's”” insert ““, other than a function it has by virtue of section 70 or 71,”” 176:Clause 69, page 94, leave out lines 8 and 9 and insert— ““( ) For the purposes of this section— (a) a failure to perform a function includes a failure to perform it properly, and (b) a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and ““the health service”” has the same meaning as in the National Health Service Act 2006.”” Amendments 175 and 176 agreed. Amendment 177 and 178 not moved. Clause 73 : Requirements as to procurement, patient choice and competition Amendment 178A Clause 73 : Requirements as to procurement, patient choice and competition Amendment 178A Moved by