|
| |
|
(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 |
| 5 |
section 71 of the Health and Social Care Act 2012 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 |
| 10 |
(b) | the failure is to be treated for those purposes as significant (and |
| |
section 71 of the Health and Social Care Act 2012 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 |
| 15 |
Secretary of State must decide what action to take in relation to the |
| |
| |
(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.” |
| 20 |
(3) | In section 65L of that Act (trusts coming out of administration), after subsection |
| |
| |
“(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 |
| 25 |
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. |
| 30 |
(2B) | For the purposes of subsection (2) in its application to the case of an |
| |
| |
(a) | the reference to the Secretary of State is to be read as a reference |
| |
| |
(b) | the reference to the chairman and directors of the trust is to be |
| 35 |
read as including a reference to the governors.” |
| |
(4) | Omit subsections (3) to (5) of that section. |
| |
(5) | At the end of that section insert— |
| |
“(6) | Subsection (7) applies in the case of an NHS foundation trust. |
| |
(7) | If it appears to the regulator to be necessary in order to comply with |
| 40 |
Schedule 7, the regulator may by order— |
| |
(a) | terminate the office of any governor or of any executive or non- |
| |
executive director of the trust; |
| |
(b) | appoint a person to be a governor or an executive or non- |
| |
executive director of the trust.” |
| 45 |
|
| |
|
| |
|
(6) | 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 |
| |
| 5 |
(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— |
| 10 |
(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 |
| |
| 15 |
(ii) | between another NHS foundation trust and the |
| |
| |
(4) | An order under subsection (3) may include provision for the transfer of |
| |
| |
(5) | The liabilities that may be transferred to an NHS foundation trust by |
| 20 |
virtue of subsection (3)(b) include criminal liabilities.” |
| |
(7) | For the cross-heading preceding section 65K substitute “Action by the |
| |
Secretary of State and the regulator”. |
| |
178 | Sections 174 to 177: supplementary |
| |
(1) | At the end of section 65M of the National Health Service Act 2006 (replacement |
| 25 |
of trust special administrator) insert— |
| |
“(3) | For the purposes of this section in its application to the case of an NHS |
| |
foundation trust, the references to the Secretary of State are to be read |
| |
as references to the regulator.” |
| |
(2) | In section 65N of that Act (power to issue guidance), after subsection (2) |
| 30 |
| |
“(2A) | It must include guidance about the publication of— |
| |
(a) | notices under section 65KC(4)(a); |
| |
(b) | statements under section 65KC(4)(b).” |
| |
(3) | At the end of that section insert— |
| 35 |
“(4) | For the purposes of this section in its application to cases of NHS |
| |
foundation trusts, the reference in subsection (1) to the Secretary of |
| |
State is to be read as a reference to the regulator.” |
| |
(4) | In section 65O of that Act (interpretation of Chapter 5A), in the definition of |
| |
“trust special administrator”, after “65B(6)(a)” insert “, section 65D(2)”. |
| 40 |
(5) | In section 39 of that Act (register of NHS foundation trusts), in subsection (2), |
| |
|
| |
|
| |
|
| |
(g) | a copy of any order made under section 65D, 65J, 65KC, 65L or |
| |
| |
(h) | a copy of any report laid under section 65D, |
| |
(i) | a copy of any information published under section 65D, |
| 5 |
(j) | a copy of any draft report published under section 65F, |
| |
(k) | a copy of any statement provided under section 65F, |
| |
(l) | a copy of any notice published under section 65F, 65G, 65H, 65J, |
| |
65KA, 65KB, 65KC or 65KD, |
| |
(m) | a copy of any statement published or provided under section |
| 10 |
| |
(n) | a copy of any final report published under section 65I, |
| |
(o) | a copy of any statement published under section 65J or 65KC, |
| |
(p) | a copy of any information published under section 65M.” |
| |
(6) | In section 272 of that Act (orders etc.), in subsection (5), in paragraph (ab)— |
| 15 |
(a) | after “65B(1),” insert “65D(2),”, |
| |
| |
(c) | after “65J(2),” insert “65KC(3),”, and |
| |
(d) | for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”. |
| |
(7) | After subsection (6) insert— |
| 20 |
“(6ZA) | The Statutory Instruments Act 1946 applies in relation to the power of |
| |
the regulator to make an order under Chapter 5A as if the regulator |
| |
were a Minister of the Crown.” |
| |
(8) | In subsection (6A) of that section— |
| |
(a) | after “65B(1),” insert “65D(2),”, |
| 25 |
| |
(c) | after “65J(2),” insert “65KC(3),”, |
| |
(d) | after “65L(2) or (4)” insert “, 65LA(3)”, and |
| |
(e) | for “(4)” substitute “(7)”. |
| |
(9) | In section 275(1) of that Act (interpretation), in the definition of “NHS trust”, |
| 30 |
omit the words from “and” to the end. |
| |
(10) | In paragraph 22(1) of Schedule 7 to that Act (documents which must be made |
| |
available to the public free of charge), at the end insert “, |
| |
(g) | a copy of any order made under section 65D, 65J, 65KC, 65L |
| |
| 35 |
(h) | a copy of any report laid under section 65D, |
| |
(i) | a copy of any information published under section 65D, |
| |
(j) | a copy of any draft report published under section 65F, |
| |
(k) | a copy of any statement provided under section 65F, |
| |
(l) | a copy of any notice published under section 65F, 65G, 65H, |
| 40 |
65J, 65KA, 65KB, 65KC or 65KD, |
| |
(m) | a copy of any statement published or provided under section |
| |
| |
(n) | a copy of any final report published under section 65I, |
| |
(o) | a copy of any statement published under section 65J or 65KC, |
| 45 |
(p) | a copy of any information published under section 65M.” |
| |
|
| |
|
| |
|
(11) | In section 206(1) of the National Health Service (Wales) Act 2006, in the |
| |
definition of “NHS trust”, omit the words from “(including” to the end. |
| |
| |
179 | Abolition of NHS trusts in England |
| |
(1) | The NHS trusts established under section 25 of the National Health Service Act |
| 5 |
| |
(2) | Chapter 3 of Part 2 of that Act (NHS trusts) is repealed. |
| |
(3) | Where arrangements (“franchise arrangements”) under which a person |
| |
exercises (or is to exercise) the main functions of an NHS trust on behalf of the |
| |
trust are in force immediately before the commencement of this section, the |
| 10 |
trust is to continue after that commencement to be constituted as an NHS trust |
| |
| |
(a) | it is dissolved or becomes, merges with or is acquired by an NHS |
| |
| |
(b) | where none of those events occurs before the end of the period of three |
| 15 |
years beginning with the day on which the franchise arrangements |
| |
come to an end, the end of that period, or |
| |
(c) | where other franchise arrangements come into force before the end of |
| |
that period, the end of the period of three years beginning with the day |
| |
on which those other franchise arrangements or any subsequent |
| 20 |
franchise arrangements come to an end. |
| |
(4) | In subsection (3)(c), the reference to subsequent franchise arrangements is a |
| |
reference to franchise arrangements which come into force before the end of |
| |
the period of three years beginning with the day on which the preceding |
| |
franchise arrangements come to an end. |
| 25 |
(5) | For the purposes of subsection (3)— |
| |
(a) | Chapter 3 of Part 2 of the National Health Service Act 2006 is, despite |
| |
subsection (2), to continue to have effect, |
| |
(b) | the amendments made by Schedule 14 are not to have effect (and |
| |
subsection (6) is to be read accordingly), and |
| 30 |
(c) | the amendments made by paragraph 9 of Schedule 21 are not to have |
| |
effect (and section 297 is to be read accordingly). |
| |
(6) | Schedule 14 (which contains consequential amendments) has effect. |
| |
180 | Repeal of provisions on authorisation for NHS foundation trusts |
| |
(1) | Omit section 33 of the National Health Service Act 2006 (application by NHS |
| 35 |
trust for authorisation). |
| |
(2) | Omit section 35 of that Act (authorisation of NHS foundation trust). |
| |
(3) | Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS |
| |
foundation trust on being given authorisation but retain liabilities); in |
| |
consequence of that, omit section 88 of this Act (licences to provide health care |
| 40 |
services: NHS foundation trusts). |
| |
(4) | For the title to section 36 of that Act substitute “Status etc. of NHS foundation |
| |
| |
|
| |
|
| |
|
(5) | For the cross-heading preceding section 33 of that Act substitute “Status etc. of |
| |
| |
(6) | Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading |
| |
(initial directors of former NHS trust). |
| |
(7) | Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3) |
| 5 |
and (4) of, and paragraph 19 of Schedule 7 to, that Act, and section 88(1) and |
| |
(2) of this Act, continue to have effect in the case of an NHS trust continuing in |
| |
existence by virtue of section 179(3). |
| |
(8) | The repeal by subsection (3) of section 36(4) of that Act does not affect the |
| |
continuity of anything continuing by virtue of that provision immediately |
| 10 |
before the commencement of this section. |
| |
| |
Public involvement and local government |
| |
| |
| 15 |
| |
| |
(1) | The Health and Social Care Act 2008 is amended as follows. |
| |
(2) | In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph |
| |
6, after sub-paragraph (1) insert— |
| 20 |
“(1A) | A committee of the Commission known as “the Healthwatch |
| |
England committee” is to be appointed in accordance with |
| |
| |
(1B) | The purpose of the Healthwatch England committee is to provide the |
| |
Commission or other persons with advice, information or other |
| 25 |
assistance in accordance with provision made by or under this or any |
| |
| |
(3) | After sub-paragraph (5) insert— |
| |
“(5A) | Regulations under sub-paragraph (1A) must make provision |
| |
requiring a person who has power to appoint a member of the |
| 30 |
Healthwatch England committee to secure that a majority of the |
| |
members of the committee are not members of the Commission. |
| |
(5B) | Regulations under sub-paragraph (1A) may specify other results |
| |
which a person who has power to appoint a member of the |
| |
| 35 |
(5C) | Regulations under sub-paragraph (1A) may, in particular, make |
| |
| |
(a) | eligibility for appointment; |
| |
(b) | procedures for selecting or proposing persons for |
| |
| 40 |
|
| |
|
| |
|
(5D) | Regulations under sub-paragraph (1A) may, in particular, make |
| |
| |
(a) | the removal or suspension of members of the committee; |
| |
(b) | the payment of remuneration and allowances to members.” |
| |
(4) | In Chapter 3 of Part 1 (quality of health and social care), before section 46 and |
| 5 |
the preceding cross-heading insert— |
| |
“Healthwatch England and Local Healthwatch organisations |
| |
45A | Functions to be exercised by Healthwatch England |
| |
(1) | The Commission has the functions set out in subsections (2) to (5), but |
| |
must arrange for the Healthwatch England committee to exercise the |
| 10 |
| |
(2) | The function in this subsection is to provide Local Healthwatch |
| |
organisations with general advice and assistance in relation to— |
| |
(a) | the making of arrangements under section 221(1) of the Local |
| |
Government and Public Involvement in Health Act 2007 (local |
| 15 |
| |
(b) | the making of arrangements in pursuance of arrangements |
| |
made under section 221(1) of that Act (see section 222(2B) of that |
| |
| |
(c) | the carrying on of activities specified in section 221(2) of that |
| 20 |
| |
(3) | The function in this subsection is a power to make recommendations of |
| |
a general nature to English local authorities about the making of |
| |
arrangements under section 221(1) of that Act. |
| |
(4) | The function in this subsection is a power, where the Healthwatch |
| 25 |
England committee is of the opinion that the activities specified in |
| |
section 221(2) of that Act are not being carried on properly in an English |
| |
local authority’s area, to give the authority concerned written notice of |
| |
| |
(5) | The function in this subsection is to provide the persons mentioned in |
| 30 |
subsection (6) with information and advice on— |
| |
(a) | the views of people who use health or social care services and of |
| |
other members of the public on their needs for and experiences |
| |
of health and social care services, and |
| |
(b) | the views of Local Healthwatch organisations and of other |
| 35 |
persons on the standard of provision of health and social care |
| |
services and on whether or how the standard could or should |
| |
| |
(6) | The persons referred to in subsection (5) are— |
| |
(a) | the Secretary of State; |
| 40 |
(b) | the National Health Service Commissioning Board; |
| |
| |
(d) | English local authorities. |
| |
(7) | A person provided with advice under subsection (5) must inform the |
| |
Healthwatch England committee in writing of its response or proposed |
| 45 |
| |
|
| |
|
| |
|
(8) | The Healthwatch England committee may provide the Commission |
| |
with information and advice on the matters mentioned in subsection |
| |
(5)(a) and (b); and the Commission must inform the committee in |
| |
writing of its response or proposed response to the advice. |
| |
(9) | The Commission must publish details of arrangements it makes under |
| 5 |
subsection (1) (including details of payments of remuneration or other |
| |
amounts); and inclusion of the details in a report under section 83 is not |
| |
to be regarded as a discharge of the duty imposed by this subsection. |
| |
(10) | In performing functions under this section, the Healthwatch England |
| |
committee must have regard to such aspects of government policy as |
| 10 |
the Secretary of State may direct. |
| |
45B | Conflicts of interest |
| |
(1) | In making arrangements under section 45A(1), the Commission must |
| |
have regard to any conflicts guidance issued by the Secretary of State. |
| |
(2) | In exercising functions on behalf of the Commission, the Healthwatch |
| 15 |
England committee must have regard to any conflicts guidance issued |
| |
by the Secretary of State. |
| |
(3) | In this section, “conflicts guidance” means guidance about managing |
| |
| |
(a) | the exercise of functions by the Commission, and |
| 20 |
(b) | the exercise of functions by the Healthwatch England |
| |
committee on the Commission’s behalf. |
| |
| |
(1) | As soon as possible after the end of each financial year, the |
| |
Healthwatch England committee— |
| 25 |
(a) | must make a report to the Commission (whether or not in |
| |
writing) on the matters mentioned in section 45A(5)(a) and (b), |
| |
| |
(b) | must publish a report on the way in which it has exercised |
| |
during the year the functions exercisable by it. |
| 30 |
| |
(a) | lay before Parliament a copy of each report made under |
| |
| |
(b) | send a copy of each such report to the Secretary of State and to |
| |
every Local Healthwatch organisation. |
| 35 |
(3) | The committee may publish other reports at such times, and on such |
| |
matters relating to health or social care, as it thinks appropriate. |
| |
(4) | Where a recommendation is made to the committee under section |
| |
221(2)(h) of the Local Government and Public Involvement in Health |
| |
Act 2007 (reports under subsection (3)), the committee must have |
| 40 |
regard to the recommendation. |
| |
(5) | Before publishing a report under subsection (1)(b) or (3), the committee |
| |
must, so far as practicable, exclude any matter which relates to the |
| |
private affairs of an individual the publication of which, in the |
| |
committee’s opinion, would or might seriously and prejudicially affect |
| 45 |
that individual’s interests. |
| |
|
| |
|