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| | Page 163, line 17 [Clause 176], leave out subsection (2) and insert— |
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| | | ‘(2) | Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements |
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| | | and dissolution); and in consequence of that— |
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| | | (a) | in section 57 of that Act (as amended by section 175 of this Act)— |
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| | | (i) | in subsection (3)(a), for “the persons mentioned in section 54(4)” |
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| | | substitute “another NHS foundation trust, an NHS trust |
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| | | established under section 25 or the Secretary of State”, |
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| | | (ii) | omit subsection (3)(b), and |
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| | | (iii) | in subsection (4), for “any of the bodies mentioned in section |
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| | | 54(4)(a) or (c)” substitute “another NHS foundation trust or an |
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| | | NHS trust established under section 25”, |
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| | | (b) | in section 64(4) of that Act (as amended by section 175 of this Act), omit |
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| | | paragraph (b) (but not the following “or”), and |
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| | | (c) | omit section 18(2) to (6) and (11) of the Health Act 2009.’. |
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| | Page 163, line 39 [Clause 177], at end insert— |
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| | | ‘(1A) | For the title to section 65B of that Act substitute “NHS trusts: appointment of |
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| | | trust special administrator”. |
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| | Page 164, line 6 [Clause 177], after ‘trust.’, insert— |
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| | | ‘(3) | As soon as reasonably practicable after the making of an order under |
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| | | subsection (2), the Care Quality Commission must provide to the |
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| | | regulator a report on the safety and quality of the services that the trust |
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| | | provides under this Act.’. |
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| | Page 164, line 12 [Clause 177], leave out ‘(but not the “and” following it)’. |
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| | Page 164, line 12 [Clause 177], at end insert— |
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| | | ‘( ) | in paragraph (c), omit “goods or”’. |
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| | Page 164, line 12 [Clause 177], at end insert ‘, and |
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| | | ( ) | after paragraph (c) insert “, and |
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| | | (d) | the Care Quality Commission.”’. |
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| | Page 164, line 26 [Clause 177], at end insert— |
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| | | ‘(8A) | A person appointed as a trust special administrator under this section |
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| | | must manage the trust’s affairs, business and property, and exercise the |
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| | | trust special administrator’s functions, so as to achieve the objective set |
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| | | out in section 65DA as quickly and as efficiently as is reasonably |
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| | Page 164, line 34 [Clause 177], leave out ‘The Secretary of State’ and insert ‘The |
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| | Page 164, line 35 [Clause 177], leave out ‘the Secretary of State’ and insert ‘the |
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| | Page 164, line 42 [Clause 178], leave out from ‘(2)’ to end of line 43 and insert ‘— |
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| | | (a) | before paragraph (a) insert— |
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| | | (b) | omit paragraph (a) (but not the following “and”).’. |
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| | Page 165, line 4 [Clause 178], after ‘regulator.’, insert— |
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| | | ‘(5) | In the case of an NHS foundation trust, the administrator may not provide |
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| | | the draft report to the regulator under subsection (1)— |
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| | | (a) | without having obtained from each commissioner a statement |
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| | | that the commissioner considers that the recommendation in the |
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| | | draft report would achieve the objective set out in section 65DA, |
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| | | (b) | where the administrator does not obtain a statement to that effect |
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| | | from one or more commissioners (other than the Board), without |
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| | | having obtained a statement to that effect from the Board. |
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| | | (6) | Where the Board decides not to provide to the administrator a statement |
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| | | to that effect, the Board must— |
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| | | (a) | give a notice of the reasons for its decision to the administrator |
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| | | (c) | lay a copy of it before Parliament. |
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| | | (7) | In subsection (5), “commissioner” means a person to which the trust |
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| | | provides services under this Act.’. |
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| | Page 165, line 4 [Clause 178], at end insert— |
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| | | ‘( ) | At the end of section 65G of that Act (consultation plan) insert— |
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| | | “(4) | In the case of an NHS foundation trust, the administrator may not make |
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| | | a variation to the draft report following the consultation period— |
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| | | (a) | without having obtained from each commissioner a statement |
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| | | that the commissioner considers that the recommendation in the |
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| | | draft report as so varied would achieve the objective set out in |
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| | | (b) | where the administrator does not obtain a statement to that effect |
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| | | from one or more commissioners (other than the Board), without |
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| | | having obtained a statement to that effect from the Board. |
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| | | (5) | Where the Board decides not to provide to the administrator a statement |
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| | | to that effect, the Board must— |
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| | | (a) | give a notice of the reasons for its decision to the administrator |
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| | | (c) | lay a copy of it before Parliament. |
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| | | (6) | In subsection (4), “commissioner” means a person to which the trust |
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| | | provides services under this Act.”’. |
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| | Page 165, line 5 [Clause 178], leave out from ‘(7)’ to end of line 7 and insert ‘— |
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| | | (a) | before paragraph (a) insert— |
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| | | (c) | in paragraph (b), omit “, if required by directions given by the Secretary |
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| | | (d) | after paragraph (c) insert “; |
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| | | (d) | any other person specified in a direction given by the |
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| | Page 165, line 8 [Clause 178], leave out from ‘section,’ to end of line 10 and insert |
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| | ‘omit paragraphs (a) to (d)’. |
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| | Page 165, line 10 [Clause 178], at end insert— |
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| | | ‘( ) | In subsection (9) of that section— |
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| | | (a) | after “representatives of” insert “the Board and”, and |
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| | | (b) | for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.’. |
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| | Page 165, line 13 [Clause 178], after ‘trust’, insert ‘— |
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| | | (a) | in subsection (7)(b), the words “goods or” are to be ignored, and |
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| | | (b) | in subsections (7)(d) and (10),’. |
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| | Page 165, line 14 [Clause 178], after ‘regulator.’, insert— |
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| | | ‘(13) | In the case of an NHS foundation trust, the Secretary of State may direct |
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| | | the regulator as to persons from whom it should direct the administrator |
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| | | under subsection (10) to request or seek a response.’. |
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| | Page 165, line 25 [Clause 179], for subsection (1) substitute— |
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| | | ‘(1) | In section 65K of the National Health Service Act 2006 (Secretary of State’s |
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| | | decision on what action to take), in subsection (1), after “a final report under |
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| | | section 65I” insert “relating to an NHS trust”; and in consequence of that, for the |
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| | | title to that section substitute “Secretary of State’s decision in case of NHS trust”. |
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| | | (1A) | After that section insert— |
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| | | “65KA | Regulator’s decision in case of NHS foundation trust |
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| | | (1) | Within the period of 20 working days beginning with the day on which |
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| | | the regulator receives a final report under section 65I relating to an NHS |
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| | | foundation trust, the regulator must decide whether it is satisfied— |
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| | | (a) | that the action recommended in the final report would achieve |
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| | | the objective set out in section 65DA, and |
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| | | (b) | that the trust special administrator has carried out the |
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| | | (2) | In subsection (1)(b), “administration duties” means the duties imposed |
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| | | (b) | a direction under this Chapter, or |
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| | | (c) | the administrator’s terms of appointment. |
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| | | (3) | If the regulator is satisfied as mentioned in subsection (1), it must as soon |
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| | | as reasonably practicable provide to the Secretary of State— |
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| | | (a) | the final report, and |
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| | | (b) | the report provided to the regulator by the Care Quality |
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| | | Commission under section 65D(3). |
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| | | (4) | If the regulator is not satisfied as mentioned in subsection (1), it must as |
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| | | soon as reasonably practicable give a notice of that decision to the |
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| | | (5) | Where the regulator gives a notice under subsection (4), sections 65F to |
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| | | 65J apply in relation to the trust to such extent, and with such |
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| | | modifications, as the regulator may specify in the notice. |
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| | | (6) | The regulator must as soon as reasonably practicable after giving a notice |
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| | | (b) | lay a copy of it before Parliament. |
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