Care Bill [HL]

Insert the following new Clause—

“Trust special administration: powers of administrator etc.

(1)   In section 65O of the National Health Service Act 2006 (Chapter 5A of Part
2: interpretation) (the existing text of which becomes subsection (1)) at the
end insert—

“(2)   The references in this Chapter to taking action in relation to an NHS
trust include a reference to taking action, including in relation to
another NHS trust or an NHS foundation trust, which is necessary
for and consequential on action taken in relation to that NHS trust.

“(3)   The references in this Chapter to taking action in relation to an NHS
foundation trust include a reference to taking action, including in
relation to another NHS foundation trust or an NHS trust, which is
necessary for and consequential on action taken in relation to that
NHS foundation trust.”

(2)   In section 65F of that Act (administrator’s draft report), in subsection (1),
for “45 working days” substitute “65 working days”.

(3)   After subsection (2C) of that section insert—

“(2D)    Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (2A) to a commissioner also include a reference to a
person to which the other NHS foundation trust or the NHS trust
provides services under this Act that would be affected by the
action.”

(4)   In section 65G of that Act (consultation plan), in subsection (2), for “30
working days” substitute “40 working days”.

(5)   After subsection (6) of that section insert—

“(7)   Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (4) to a commissioner also include a reference to a person
to which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.”

(6)   In section 65N of that Act (guidance), after subsection (1) insert—

“(1A)    It must, in so far as it applies to NHS trusts, include guidance
about—

(a)   seeking the support of commissioners for an
administrator’s recommendation;

(b)   involving the Board in relation to finalising an
administrator’s report or draft report.”

(7)   In section 13Q of that Act (public involvement and consultation by NHS
Commissioning Board), at the end insert—

“(4)   This section does not require the Board to make arrangements in
relation to matters to which a trust special administrator’s report or
draft report under section 65F or 65I relates before the Secretary of
State makes a decision under section 65K(1), is satisfied as
mentioned in section 65KB(1) or 65KD(1) or makes a decision under
section 65KD(9) (as the case may be).”

(8)   In section 14Z2 of that Act (public involvement and consultation by clinical
commissioning groups), at the end insert—

“(7)   This section does not require a clinical commissioning group to
make arrangements in relation to matters to which a trust special
administrator’s report or draft report under section 65F or 65I
relates before the Secretary of State makes a decision under section
65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or
makes a decision under section 65KD(9) (as the case may be).”

(9)   In section 242 of that Act (public involvement and consultation by NHS
trusts and foundation trusts), in subsection (6)—

(a)   for “65I, 65R or 65U” substitute “or 65I”, and

(b)   for the words from “the decision” to the end substitute “the
Secretary of State makes a decision under section 65K(1), is satisfied
as mentioned in section 65KB(1) or 65KD(1) or makes a decision
under section 65KD(9) (as the case may be).”

(10)   In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS
trusts in England: consequential amendments)—

(a)   after paragraph 4 insert—

“4A In section 13Q(4) (public involvement and consultation
by Board), omit “makes a decision under section 65K(1),”.

4B In section 14Z2 (public involvement and consultation by
clinical commissioning groups), omit “makes a decision
under section 65K(1),”.”,

(b)   in paragraph 15, after sub-paragraph (3) insert—

“(3A)    In subsection (2D), omit “or an NHS trust” and “or the
NHS trust.”,

(c)   in paragraph 16 (the text of which becomes sub-paragraph (1)) at
the end insert—

“(2)   In subsection (7) of that section, omit “or an NHS trust”
and “or the NHS trust”.”,

(d)   in paragraph 24, after sub-paragraph (2) insert—

“(2A)    Omit subsection (1A).”,

(e)   after that paragraph insert—

“24A          In section 65O (interpretation)—

(a)   omit subsection (2), and

(b)   in subsection (3), omit “or an NHS trust”.”, and

(f)   in paragraph 35, omit the “and” preceding paragraph (d) and after
that paragraph insert “, and

(e)   in subsection (6), omit “makes a decision under
section 65K(1),”.””