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Report Stage Proceedings: 6 September 2011              

767

 

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

 
 

‘(ia)    

a copy of any notice published under section 65F, 65H, 65J,

 

65KA, 65KB or 65KD,’.

 

Mr Secretary Lansley

 

Agreed to  216

 

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

 

Mr Secretary Lansley

 

Agreed to  217

 

Page  167,  line  31,  leave out Clause 181.

 

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  8

 

Page  168,  line  6,  leave out Clause 182.

 

Mr Secretary Lansley

 

Agreed to  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

 

Not called  9

 

Page  168,  line  39,  leave out Clause 183.

 

 

Mr Secretary Lansley

 

Agreed to  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

 

Agreed to  220

 

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

 

Act,’.

 

 
 

Report Stage Proceedings: 6 September 2011              

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

 
 

Mr Secretary Lansley

 

Agreed to  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”.’.

 

 

Mr Secretary Lansley

 

Agreed to  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

 

Agreed to  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

 

Agreed to  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

 

Agreed to  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

 

Agreed to  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

 

Agreed to  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”.

 
 

Report Stage Proceedings: 6 September 2011              

769

 

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

 
 

      (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

 

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”.

 
 

Report Stage Proceedings: 6 September 2011              

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

 
 

      (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”.

 

      (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

 

Added  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—

 
 

Report Stage Proceedings: 6 September 2011              

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

 
 

(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

 

(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).’.

 

 
 

Report Stage Proceedings: 6 September 2011              

772

 

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

 
 

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

 

Mr Secretary Lansley

 

Added  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

 

(b)    

obtain the approval of the Secretary of State.

 

(4)    

If the Secretary of State approves the proposed criteria, Monitor must—

 

(a)    

publish the criteria,

 

(b)    

determine, by applying the criteria, to which trusts the order should

 

apply,

 

(c)    

notify the Secretary of State of its determination, and

 

(d)    

publish a list of the trusts concerned.

 

(5)    

If the Secretary of State does not approve the proposed criteria, Monitor must

 

propose revised criteria; and subsections (3)(b) and (4) apply in relation to the

 

proposed revised criteria as they apply in relation to the criteria previously

 

proposed.

 

(6)    

If, having received a notification under subsection (1), Monitor proposes to set

 

criteria the same as those it set on the last occasion it received a notification under

 

that subsection, it need not comply with subsection (3)(a).

 

(7)    

A section [Duration of transitional period](2)(b) order—

 

(a)    

must apply to all the trusts that are determined under subsection (4)(b) as

 

being the trusts to which the order should apply (and to no others);

 

(b)    

may specify the trusts to which it applies by reference to their inclusion

 

in the list published under subsection (4)(d).

 

(8)    

Subsection (9) applies where —

 

(a)    

a section [Duration of transitional period](2)(b) order is in force at a time

 

when there is in existence an NHS foundation trust authorised after 1

 

April 2014, and

 

(b)    

the initial two-year period in relation to that trust has yet to come to an

 

end.

 

(9)    

Monitor must—

 

(a)    

determine, by applying the criteria it applied under subsection (4)(b),

 

whether section 117 should continue to have effect in relation to the trust

 

after the end of the initial two-year period,

 

(b)    

notify the Secretary of State of its determination, and

 

(c)    

publish its determination.

 

(10)    

If Monitor determines under subsection (9)(a) that section 117 should so continue

 

to have effect, the trust is to be treated as if it had been authorised on or before 1

 

April 2014 and as if the order referred to in subsection (7)(a) applied to it; and

 

section [Duration of transitional period](5) is accordingly to apply in relation to

 

the trust.

 
 

Report Stage Proceedings: 6 September 2011              

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

 
 

(11)    

If Monitor determines under subsection (9)(a) that section 117 should not so

 

continue to have effect, section 117 ceases to have effect in relation to the trust

 

immediately after the end of the initial two-year period.’.

 

 

Repeal of sections [Duration of transitional period] and [Orders under section [Duration

 

of transitional period] that apply to only some trusts]

 

Mr Secretary Lansley

 

Added  NC5

 

To move the following Clause:—

 

‘(1)    

Sections [Duration of transitional period] and [Orders under section [Duration

 

of transitional period] that apply to only some trusts] are repealed immediately

 

after section 117 is repealed; and in consequence of that—

 

(a)    

in section 62(2)(a), omit “or under sections 117 and [Orders under

 

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

 

of this Act (imposition of licence conditions on NHS foundation trusts

 

during transitional period)”,

 

(b)    

omit section 62(3),

 

(c)    

in section 94(4), after paragraph (a) insert “and”,

 

(d)    

in section 94(4), omit paragraph (c) and the preceding “and”, and

 

(e)    

omit section 302(5)(e) and (8A).

 

(2)    

This section is repealed immediately after sections [Duration of transitional

 

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

 

only some trusts] are repealed.’.

 

 

NHS Foundations Trusts: phasing out of provision of private health care

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

Withdrawn  NC19

 

To move the following Clause:—

 

‘The Secretary of State must make regulations which provide for NHS

 

Foundation Trusts to be prevented from providing services other than those of the

 

health service in England within three years of Royal Assent of this Act.’.

 

 
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