House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Consideration of Bill: 6 September 2011
2995

Health and Social Care (Re-Committed) Bill, continued

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

1166

Page  159,  line  2,  leave out Clause 167.

Mr Secretary Lansley

185

Page  160,  line  24  [Clause  171],  after ‘(1)’, insert ‘—

(a)
in paragraph (b), after “NHS trust” insert “established under section 25”,

and

(b)
’.

Mr Secretary Lansley

186

Page  161,  line  8  [Clause  172],  after second ‘trust’, insert ‘established under section

25’.

Mr Secretary Lansley

187

Page  163,  line  12  [Clause  175],  at end insert—

‘( )
In section 271(3)(b) of that Act (territorial limit of exercise of functions under

Chapter 5), for “Part 1” substitute “Part 2”.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

20

Page  163,  line  14,  leave out Clause 176.

Mr Secretary Lansley

188

Page  163,  line  17  [Clause  176],  leave out subsection (2) and insert—

‘(2)
Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements

and dissolution); and in consequence of that—

(a)
in section 57 of that Act (as amended by section 175 of this Act)—

(i)
in subsection (3)(a), for “the persons mentioned in section 54(4)”

substitute “another NHS foundation trust, an NHS trust

established under section 25 or the Secretary of State”,

Consideration of Bill: 6 September 2011
2996

Health and Social Care (Re-Committed) Bill, continued

(ii)
omit subsection (3)(b), and

(iii)
in subsection (4), for “any of the bodies mentioned in section

54(4)(a) or (c)” substitute “another NHS foundation trust or an

NHS trust established under section 25”,

(b)
in section 64(4) of that Act (as amended by section 175 of this Act), omit

paragraph (b) (but not the following “or”), and

(c)
omit section 18(2) to (6) and (11) of the Health Act 2009.’.

Mr Secretary Lansley

189

Page  163,  line  39  [Clause  177],  at end insert—

‘(1A)
For the title to section 65B of that Act substitute “NHS trusts: appointment of

trust special administrator”.

Mr Secretary Lansley

190

Page  164,  line  6  [Clause  177],  after ‘trust.’, insert—

‘(3)
As soon as reasonably practicable after the making of an order under

subsection (2), the Care Quality Commission must provide to the

regulator a report on the safety and quality of the services that the trust

provides under this Act.’.

Mr Secretary Lansley

191

Page  164,  line  12  [Clause  177],  leave out ‘(but not the “and” following it)’.

Mr Secretary Lansley

192

Page  164,  line  12  [Clause  177],  at end insert—

‘( )
in paragraph (c), omit “goods or”’.

Mr Secretary Lansley

193

Page  164,  line  12  [Clause  177],  at end insert ‘, and

( )
after paragraph (c) insert “, and

(d)
the Care Quality Commission.”’.

Mr Secretary Lansley

194

Page  164,  line  26  [Clause  177],  at end insert—

‘(8A)
A person appointed as a trust special administrator under this section

must manage the trust’s affairs, business and property, and exercise the

trust special administrator’s functions, so as to achieve the objective set

out in section 65DA as quickly and as efficiently as is reasonably

practicable.’

Consideration of Bill: 6 September 2011
2997

Health and Social Care (Re-Committed) Bill, continued

Mr Secretary Lansley

195

Page  164,  line  34  [Clause  177],  leave out ‘The Secretary of State’ and insert ‘The

regulator’.

Mr Secretary Lansley

196

Page  164,  line  35  [Clause  177],  leave out ‘the Secretary of State’ and insert ‘the

regulator’.

Mr Secretary Lansley

197

Page  164,  line  42  [Clause  178],  leave out from ‘(2)’ to end of line 43 and insert ‘—

(a)
before paragraph (a) insert—

“(za)
the Board,”, and

(b)
omit paragraph (a) (but not the following “and”).’.

Mr Secretary Lansley

198

Page  165,  line  4  [Clause  178],  after ‘regulator.’, insert—

‘(5)
In the case of an NHS foundation trust, the administrator may not provide

the draft report to the regulator under subsection (1)—

(a)
without having obtained from each commissioner a statement

that the commissioner considers that the recommendation in the

draft report would achieve the objective set out in section 65DA,

or

(b)
where the administrator does not obtain a statement to that effect

from one or more commissioners (other than the Board), without

having obtained a statement to that effect from the Board.

(6)
Where the Board decides not to provide to the administrator a statement

to that effect, the Board must—

(a)
give a notice of the reasons for its decision to the administrator

and to the regulator;

(b)
publish the notice;

(c)
lay a copy of it before Parliament.

(7)
In subsection (5), “commissioner” means a person to which the trust

provides services under this Act.’.

Mr Secretary Lansley

199

Page  165,  line  4  [Clause  178],  at end insert—

‘( )
At the end of section 65G of that Act (consultation plan) insert—

“(4)
In the case of an NHS foundation trust, the administrator may not make

a variation to the draft report following the consultation period—

(a)
without having obtained from each commissioner a statement

that the commissioner considers that the recommendation in the

Consideration of Bill: 6 September 2011
2998

Health and Social Care (Re-Committed) Bill, continued

draft report as so varied would achieve the objective set out in

section 65DA, or

(b)
where the administrator does not obtain a statement to that effect

from one or more commissioners (other than the Board), without

having obtained a statement to that effect from the Board.

(5)
Where the Board decides not to provide to the administrator a statement

to that effect, the Board must—

(a)
give a notice of the reasons for its decision to the administrator

and to the regulator;

(b)
publish the notice;

(c)
lay a copy of it before Parliament.

(6)
In subsection (4), “commissioner” means a person to which the trust

provides services under this Act.”’.

Mr Secretary Lansley

200

Page  165,  line  5  [Clause  178],  leave out from ‘(7)’ to end of line 7 and insert ‘—

(a)
before paragraph (a) insert—

“(za)
the Board,”,

(b)
omit paragraph (a),

(c)
in paragraph (b), omit “, if required by directions given by the Secretary

of State”, and

(d)
after paragraph (c) insert “;

(d)
any other person specified in a direction given by the

Secretary of State.”’.

Mr Secretary Lansley

201

Page  165,  line  8  [Clause  178],  leave out from ‘section,’ to end of line 10 and insert

‘omit paragraphs (a) to (d)’.

Mr Secretary Lansley

202

Page  165,  line  10  [Clause  178],  at end insert—

‘( )
In subsection (9) of that section—

(a)
after “representatives of” insert “the Board and”, and

(b)
for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.’.

Mr Secretary Lansley

203

Page  165,  line  13  [Clause  178],  after ‘trust’, insert ‘—

(a)
in subsection (7)(b), the words “goods or” are to be ignored, and

(b)
in subsections (7)(d) and (10),’.

Mr Secretary Lansley

204

Page  165,  line  14  [Clause  178],  after ‘regulator.’, insert—

‘(13)
In the case of an NHS foundation trust, the Secretary of State may direct

the regulator as to persons from whom it should direct the administrator

under subsection (10) to request or seek a response.’.

Consideration of Bill: 6 September 2011
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Health and Social Care (Re-Committed) Bill, continued

Mr Secretary Lansley

205

Page  165,  line  25  [Clause  179],  for subsection (1) substitute—

‘(1)
In section 65K of the National Health Service Act 2006 (Secretary of State’s

decision on what action to take), in subsection (1), after “a final report under

section 65I” insert “relating to an NHS trust”; and in consequence of that, for the

title to that section substitute “Secretary of State’s decision in case of NHS trust”.

(1A)
After that section insert—

“65KA
Regulator’s decision in case of NHS foundation trust

(1)
Within the period of 20 working days beginning with the day on which

the regulator receives a final report under section 65I relating to an NHS

foundation trust, the regulator must decide whether it is satisfied—

(a)
that the action recommended in the final report would achieve

the objective set out in section 65DA, and

(b)
that the trust special administrator has carried out the

administration duties.

(2)
In subsection (1)(b), “administration duties” means the duties imposed

on the administrator by—

(a)
this Chapter,

(b)
a direction under this Chapter, or

(c)
the administrator’s terms of appointment.

(3)
If the regulator is satisfied as mentioned in subsection (1), it must as soon

as reasonably practicable provide to the Secretary of State—

(a)
the final report, and

(b)
the report provided to the regulator by the Care Quality

Commission under section 65D(3).

(4)
If the regulator is not satisfied as mentioned in subsection (1), it must as

soon as reasonably practicable give a notice of that decision to the

administrator.

(5)
Where the regulator gives a notice under subsection (4), sections 65F to

65J apply in relation to the trust to such extent, and with such

modifications, as the regulator may specify in the notice.

(6)
The regulator must as soon as reasonably practicable after giving a notice

under subsection (4)—

(a)
publish the notice;

(b)
lay a copy of it before Parliament.

65KB
Secretary of State’s response to regulator’s decision

(1)
Within the period of 30 working days beginning with the day on which

the Secretary of State receives the reports referred to in section 65KA(3),

the Secretary of State must decide whether the Secretary of State is

satisfied—

(a)
that the persons to which the NHS foundation trust in question

provides services under this Act have discharged their functions

for the purposes of this Chapter,

(b)
that the trust special administrator has carried out the

administration duties (within the meaning of section

65KA(1)(b)),

Consideration of Bill: 6 September 2011
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Health and Social Care (Re-Committed) Bill, continued

(c)
that the regulator has discharged its functions for the purposes of

this Chapter,

(d)
that the action recommended in the final report would secure the

continued provision of the services provided by the trust to

which the objective set out in section 65DA applies,

(e)
that the recommended action would secure the provision of

services that are of sufficient safety and quality to be provided

under this Act, and

(f)
that the recommended action would provide good value for

money.

(2)
If the Secretary of State is not satisfied as mentioned in subsection (1),

the Secretary of State must as soon as reasonably practicable—

(a)
give the trust special administrator a notice of the decision and of

the reasons for it;

(b)
give a copy of the notice to the regulator;

(c)
publish the notice;

(d)
lay a copy of it before Parliament.

65KC
Action following Secretary of State’s rejection of final report

(1)
Within the period of 20 working days beginning with the day on which

the trust special administrator receives a notice under section 65KB(2),

the administrator must provide to the regulator the final report varied so

far as the administrator considers necessary to secure that the Secretary

of State is satisfied as mentioned in section 65KB(1).

(2)
Where the administrator provides to the regulator a final report under

subsection (1), section 65KA applies in relation to the report as it applies

in relation to a final report under section 65I; and for that purpose, that

section has effect as if—

(a)
in subsection (1), for “20 working days” there were substituted

“10 working days”, and

(b)
subsection (3)(b) were omitted.

(3)
If the Secretary of State thinks that, in the circumstances, it is not

reasonable for the administrator to be required to carry out the duty under

subsection (1) within the period mentioned in that subsection, the

Secretary of State may by order extend the period.

(4)
If an order is made under subsection (3), the administrator must—

(a)
publish a notice stating the date on which the period will expire,

and

(b)
where the administrator is proposing to carry out consultation in

response to the notice under section 65KB(2), publish a

statement setting out the means by which the administrator will

consult during the extended period.

65KD
Secretary of State’s response to re-submitted final report

(1)
Within the period of 30 working days beginning with the day on which

the Secretary of State receives a final report under section 65KA(3) as

applied by section 65KC(2), the Secretary of State must decide whether

the Secretary of State is, in relation to the report, satisfied as to the

matters in 65KB(1)(a) to (f).

Consideration of Bill: 6 September 2011
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Health and Social Care (Re-Committed) Bill, continued

(2)
If the Secretary of State is not satisfied as mentioned in subsection (1),

the Secretary of State must as soon as reasonably practicable—

(a)
publish a notice of the decision and the reasons for it;

(b)
lay a copy of the notice before Parliament.

(3)
Where the Secretary of State publishes a notice under subsection (2)(a),

subsections (4) to (8) apply.

(4)
If the notice states that the Board has failed to discharge a function—

(a)
the Board is to be treated for the purposes of this Act as having

failed to discharge the function, and

(b)
the failure is to be treated for those purposes as significant (and

section 13Z1 applies accordingly).

(5)
If the notice states that a clinical commissioning group has failed to

discharge a function—

(a)
the group is to be treated for the purposes of this Act as having

failed to discharge the function,

(b)
the Secretary of State may exercise the functions of the Board

under section 14Z19(2), (3)(a) and (8)(a), and

(c)
the Board may not exercise any of its functions under section

14Z19.

(6)
Where, by virtue of subsection (5)(b), the Secretary of State exercises the

function of the Board under subsection (3)(a) of section 14Z19,

subsection (9)(a) of that section applies but with the substitution for the

references to the Board of references to the Secretary of State.

(7)
If the notice states that the trust special administrator has failed to

discharge the administration duties (within the meaning of section

65KA(1)(b))—

(a)
the administration duties are to be treated for the purposes of this

Act as functions of the regulator,

(b)
the regulator is to be treated for the purposes of this Act as having

failed to discharge those functions, and

(c)
the failure is to be treated for those purposes as significant (and

section 66 of the Health and Social Care Act 2011 applies

accordingly, but with the omission of subsection (3)).

(8)
If the notice states that the regulator has failed to discharge a function—

(a)
the regulator is to be treated for the purposes of this Act as having

failed to discharge the function, and

(b)
the failure is to be treated for those purposes as significant (and

section 66 of the Health and Social Care Act 2011 applies

accordingly, but with the omission of subsection (3)).

(9)
Within the period of 60 working days beginning with the day on which

the Secretary of State publishes a notice under subsection (2)(a), the

Secretary of State must decide what action to take in relation to the trust.

(10)
The Secretary of State must as soon as reasonably practicable—

(a)
publish a notice of the decision and the reasons for it;

(b)
lay a copy of the notice before Parliament.”’.



© Parliamentary copyright	Revised 6 September 2011