House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Consideration of Bill: 6 September 2011
3002

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

Mr Secretary Lansley

206

Page  166,  line  8  [Clause  179],  leave out from ‘insert’ to ‘to’ in line 12 and insert

‘—

“(2A)
For the purposes of subsection (1) in its application to the case of an NHS

foundation trust, the reference to section 65K is to be read as a reference

to section 65KD(9); and this section also applies in the case of an NHS

foundation trust if—

(a)
the Secretary of State is satisfied as mentioned in section

65KB(1) or 65KD(1) in relation to the trust, and

(b)
the action recommended in the final report is to do something

other than dissolve the trust.

(2B)
For the purposes of subsection (2) in its application to the case of an NHS

foundation trust—

(a)
the reference to the Secretary of State is to be read as a

reference’.

Mr Secretary Lansley

207

Page  166,  line  23  [Clause  179],  at end insert—

‘( )
After that section insert—

“65LA
Trusts to be dissolved

(1)
This section applies if—

(a)
the Secretary of State is satisfied as mentioned in section

65KB(1) or 65KD(1), and

(b)
the action recommended in the final report is to dissolve the NHS

foundation trust in question.

(2)
This section also applies if the Secretary of State decides under section

65KD(9) to dissolve the NHS foundation trust in question.

(3)
The regulator may make an order—

(a)
dissolving the trust, and

(b)
transferring, or providing for the transfer of, the property and

liabilities of the trust—

(i)
to another NHS foundation trust or the Secretary of

State, or

(ii)
between another NHS foundation trust and the Secretary

of State.

(4)
An order under subsection (3) may include provision for the transfer of

employees of the trust.

(5)
The liabilities that may be transferred to an NHS foundation trust by

virtue of subsection (3)(b) include criminal liabilities.”

( )
For the cross-heading preceding section 65K substitute “Action by the Secretary

of State and the regulator”.’.

Mr Secretary Lansley

208

Page  166,  line  29  [Clause  180],  at end insert—

‘( )
In section 65N of that Act (power to issue guidance), after subsection (2) insert—

Consideration of Bill: 6 September 2011
3003

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

“(2A)
It must include guidance about the publication of—

(a)
notices under section 65KC(4)(a);

(b)
statements under section 65KC(4)(b).”’.

Mr Secretary Lansley

209

Page  166,  line  38  [Clause  180],  leave out ‘65K or 65L’ and insert ‘65L or 65LA’.

Mr Secretary Lansley

210

Page  166,  line  40  [Clause  180],  at end insert—

‘(ia)
a copy of any notice published under section 65F, 65H, 65J,

65KA, 65KB or 65KD,’.

Mr Secretary Lansley

211

Page  166  [Clause  180],  leave out line 42.

Mr Secretary Lansley

212

Page  167,  line  15  [Clause  180],  leave out ‘65K(4)’ and insert ‘65(KC)(3)’.

Mr Secretary Lansley

213

Page  167,  line  15  [Clause  180],  before ‘and’, insert—

‘( )
after “65L(2) or (4)” insert “65LA(3)”,’.

Mr Secretary Lansley

214

Page  167,  line  21  [Clause  180],  leave out ‘65K’ and insert ‘65LA’.

Mr Secretary Lansley

215

Page  167,  line  23  [Clause  180],  at end insert—

‘(ia)
a copy of any notice published under section 65F, 65H, 65J,

65KA, 65KB or 65KD,’.

Mr Secretary Lansley

216

Page  167  [Clause  180],  leave out line 25.

Mr Secretary Lansley

217

Page  167,  line  31,  leave out Clause 181.

Consideration of Bill: 6 September 2011
3004

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

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

8

Page  168,  line  6,  leave out Clause 182.

Mr Secretary Lansley

218

Page  168,  line  31  [Clause  182],  leave out paragraphs (b) and (c).

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

9

Page  168,  line  39,  leave out Clause 183.

Mr Secretary Lansley

219

Page  169,  line  2  [Clause  183],  after ‘liabilities)’ insert ‘; in consequence of that,

omit section 95 of this Act (licences to provide health care services: NHS foundation

trusts)’.

Mr Secretary Lansley

220

Page  169,  line  10  [Clause  183],  after ‘Act’ insert ‘, and section 95(1) and (2) of this

Act,’.

Mr Secretary Lansley

366

Page  367,  line  31  [Schedule  13],  at end insert—

‘Equality Act 2010 (c.15)


In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public

sector equality duty), for the entry for the Independent Regulator of NHS

Foundation Trusts substitute “Monitor”.’.

Consideration of Bill: 6 September 2011
3005

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

Mr Secretary Lansley

367

Page  368,  line  26  [Schedule  14],  leave out from ‘section’ to end of line 27 and

insert ‘56 (mergers of NHS foundation trusts)—

(a)
in subsection (1)(b) (as amended by section 171(1)(a)), omit “or an NHS

trust established under section 25”’.

Mr Secretary Lansley

368

Page  368,  line  27  [Schedule  14],  at end insert ‘, and

(b)
in subsection (1A) (as inserted by section 171(2)), omit “(that is an NHS

foundation trust)”.’.

Mr Secretary Lansley

369

Page  368,  line  28  [Schedule  14],  leave out from ‘section’ to end of line 30 and

insert ‘56A (acquisitions of NHS foundation trusts) (as inserted by section 172)—

(a)
in subsection (1)(b), omit “or an NHS trust established under section

25”’.

Mr Secretary Lansley

370

Page  368,  line  30  [Schedule  14],  at end insert ‘, and

(b)
in subsection (2), omit “(that is an NHS foundation trust)”.’.

Mr Secretary Lansley

371

Page  368,  line  40  [Schedule  14],  leave out paragraph 13 and insert—

‘13(1)
Omit section 65B (appointment of trust special administrator in relation to

NHS trust).

      (2)
In consequence of that repeal, omit section 177(1A) of this Act.’.

Mr Secretary Lansley

372

Page  368,  line  43  [Schedule  14],  at end insert—

‘13A
Omit section 65C (suspension of directors of NHS trust).

13B(1)
Section 65F (special administrator’s draft report) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (2)(b)—

(a)
omit “goods or”, and

(b)
for “the Secretary of State” substitute “the regulator”.

      (4)
After subsection (2) insert—

“(2A)
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

Consideration of Bill: 6 September 2011
3006

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

Board), without having obtained a statement to that effect

from the Board.

(2B)
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.

(2C)
In subsection (2A), “commissioner” means a person to which the trust

provides services under this Act.”

      (5)
In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (6)
Omit subsections (4) to (7).

      (7)
In consequence of those repeals, omit section 178(2) of this Act.

13C
In section 65G (consultation plan), in subsection (4), omit “In the case of an

NHS foundation trust,”.

13D(1)
Section 65H (consultation on draft report) is amended as follows.

      (2)
In subsection (7)—

(a)
in paragraph (b), omit “goods or”, and

(b)
in paragraphs (c) and (d), for “the Secretary of State” substitute “the

regulator”.

      (3)
In subsection (10), for “The Secretary of State” substitute “The regulator”.

      (4)
After that subsection insert —

“(10A)
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.”

      (5)
Omit subsections (12) and (13).

      (6)
In consequence of those repeals, omit section 178(5) of this Act.

13E(1)
Section 65I (administrator’s final report) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (4)
Omit subsection (4).

      (5)
In consequence of that repeal, omit section 178(6) of this Act.

13F(1)
Section 65J (power to extend time limits) is amended as follows.

      (2)
In subsection (2), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
Omit subsection (5).

      (4)
In consequence of that repeal, omit section 178(7) of this Act.

13G(1)
Omit section 65K (decision on action to take in relation to the trust) and the

preceding cross-heading.

      (2)
In consequence of those repeals, omit section 179(1) of this Act.

13H(1)
Section 65KA (regulator’s decision in case of NHS foundation trust) is

amended as follows.

      (2)
In subsection (1), omit “relating to an NHS foundation trust”.

      (3)
In subsection (5), for “the trust” substitute “the NHS foundation trust in

question”.

      (4)
For the title to that section substitute “The regulator’s decision”.

Consideration of Bill: 6 September 2011
3007

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

      (5)
Before that section, insert as a cross-heading “Action by the regulator and the

Secretary of State”.

13I(1)
Section 65L (trusts coming out of administration) is amended as follows.

      (2)
In subsection (1)—

(a)
for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b)
for “the trust” substitute “the NHS foundation trust in question”.

      (3)
In subsection (2)—

(a)
for “The Secretary of State” substitute “The regulator”, and

(b)
for “and directors” substitute “, directors and governors”.

      (4)
Omit subsections (2A), (2B) and (6).

      (5)
In consequence of the repeal of subsections (2A) and (2B) of that section, omit

section 179(2) of this Act.

13J(1)
Section 65M (replacement of special administrator) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (2), for “the Secretary of State” substitute “the regulator”.

      (4)
Omit subsection (3).

      (5)
In consequence of that repeal, omit section 180(1) of this Act.

13K(1)
Section 65N (guidance) is amended as follows.

      (2)
In subsection (1), for “The Secretary of State” substitute “The regulator”.

      (3)
Omit subsection (4).

      (4)
In consequence of that repeal, omit section 180(2) of this Act.’.

NEW Clauses and new schedules relating to, and amendments to, parts 3

and 4, which relate to transitional arrangements for nhs foundation

trusts or to private health care

Duration of transitional period

Mr Secretary Lansley

NC3

To move the following Clause:—

‘(1)
Section 117 ceases to have effect in relation to an NHS foundation trust on 1 April

2016 unless—

(a)
before that date, the Secretary of State provides by order for that section

to continue to have effect in relation to the trust, or

(b)
the trust was authorised after 1 April 2014.

(2)
An order under this section may provide that section 117 is to continue to have

effect for such period as is specified—

(a)
in relation to all NHS foundation trusts, or

(b)
in relation only to such NHS foundation trusts as are specified.

(3)
But an order under this section may not apply to a trust in relation to which section

117 has, by virtue of a previous order under this section, ceased to have effect.

(4)
A period specified for the purposes of subsection (2)—

(a)
must begin with the day on which section 117 would, but for the order,

cease to have effect in relation to the trusts to which the order applies, and

Consideration of Bill: 6 September 2011
3008

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

(b)
must not exceed two years.

(5)
In the case of a trust to which an order under this section applies, and which was

authorised on or before 1 April 2014, section 117 ceases to have effect in relation

to the trust in accordance with that order or any subsequent orders under this

section which apply to the trust.

(6)
In the case of a trust which was authorised after 1 April 2014 (including a trust

authorised on or after 1 April 2016 if, at the time it is authorised, section 117 still

has effect), section 117 ceases to have effect in relation to the trust—

(a)
if no order under this section is made before the end of the initial two-

year period, at the end of that period;

(b)
if an order under this section is made in reliance on subsection (2)(a)

before the end of the initial two-year period, on whichever is the later

of—

(i)
the end of that period, and

(ii)
the day on which that order or a subsequent order under this

section ceases to apply to the trust;

(c)
if an order under this section is made in reliance on subsection (2)(b)

before the end of the initial two-year period, in accordance with section

[Orders under section [Duration of transitional period] that apply to

only some trusts](8) to (11).

(7)
In this section and section [Orders under section [Duration of transitional

period] that apply to only some trusts]—

(a)
“the initial two-year period”, in relation to an NHS foundation trust, is the

period of two years beginning with the day on which the trust is

authorised;

(b)
a reference to being authorised is a reference to being given an

authorisation under section 35 of the National Health Service Act 2006.

(8)
Section 117 is repealed as soon as there are—

(a)
no NHS foundation trusts in relation to which it has effect, and

(b)
no NHS trusts in existence (whether because they had all ceased to exist

without section 182 having come into force or there are none continuing

in existence by virtue of subsection (3) of that section).’.

Orders under section [Duration of transitional period] that apply to only some trusts

Mr Secretary Lansley

NC4

To move the following Clause:—

‘(1)
Where the Secretary of State proposes to make an order under section [Duration

of transitional period] in reliance on subsection (2)(b) of that section (“a section

[Duration of transitional period](2)(b) order”), the Secretary of State must notify

Monitor.

(2)
Monitor, having received a notification under subsection (1), must set the criteria

that are to be applied for the purpose of determining to which NHS foundation

trusts the order should apply.

(3)
Before setting criteria under subsection (2), Monitor must—

(a)
consult the Care Quality Commission and such other persons as Monitor

considers appropriate, and



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