Session 2013-14
Other Public Bills before Parliament
Bill Home Page
Care Bill [HL]
on consideration of Commons amendments
Clause 118
BARONESS FINLAY OF LLANDAFF
Commons in their Amendments 40 to 43 and do propose Amendment 43A in
consequence thereof.
Page 103, line 36, at end insert—
“(11) Section 65DA of the National Health Service Act 2006 (Chapter 5A of Part
2: Objective of trust special administration) is amended as follows.
(12) In subsection (1)—
(a) omit “objective” and insert “objectives”, and
(b) omit “is” and insert “are”.
(13) After subsection (1)(a) insert—
“(b) the continued provision of such of the services provided for
the purposes of the NHS by any affected trust at such level,
as the commissioners of those services determine.”
(14) After subsection 1(b) omit “(b)” and insert “(c)”.
(15) In subsection (2) after “The commissioners” insert “of the trust in special
administration and any affected trust”.
(16) In subsection (4) after “the commissioners” insert “of the trust in special
administration and any affected trust”.
(17) In subsection (9) after ““commissioners” means the person to which the
trust provides services under this Act” insert “and the commissioners of
services at any affected trust”.
(18) In section 65F of that Act (administrator’s draft report) insert—
“(2E) Where the administrator is considering recommending taking
action in relation to another NHS foundation trust or an NHS trust
which may become an affected trust, the administrator shall engage
with the commissioners of services at any such NHS foundation
trust or NHS trust in order to enable those commissioners to make
decisions pursuant to the matters set out in section 65DA.”
(19) In section 65I(1) of that Act (final report)—
“(a) after “action which the administrator recommends that the
Secretary of State” insert “or the commissioners of any affected
trust”; and
(b) after “should take in relation to the trust” insert “or any affected
trust”.”
(20) After section 65K(2) of that Act (Secretary of State’s decision) insert—
“(3) Where the final report contains recommendations for changes to be
made to services provided by an affected trust, the commissioners
of services at that affected trust shall make a decision within 20
working days whether they wish to undertake public and patient
involvement regarding all or any of the recommendations and, if
they are so minded, shall comply with any arrangements for patient
and public involvement agreed by those commissioners under this
Act before making any final decision concerning the said
recommendations.”
(21) After section 65KA(6) of that Act (regulator’s decision in case of NHS
foundation trust) insert—
“(7) Where the final report contains recommendations for changes to be
made to services provided by an affected trust, the commissioners
of those services shall make a decision within 20 working days
whether they wish to undertake public and patient involvement
regarding all or any of the recommendations and, if they are so
minded, shall comply with any arrangements for patient and public
involvement agreed by those commissioners under this Act before
making any final decision concerning the said recommendations.”
(22) In section 65KB(1)(d) of that Act (Secretary of State’s response to
regulator’s decision) after “that” insert “to the extent that the report
recommends action in relation to the trust in administration”.
(23) In subsection (2)(a) of that section after “decision” insert “in relation to any
recommendations made in relation to the trust in administration”.
(24) In section 65O of that Act (interpretation of this Chapter) add—
“(4) In this Chapter “affected trust” means—
(a) where the trust in question is an NHS trust, another NHS
trust, or an NHS foundation trust, which provides goods or
services under this Act that would be affected by the action
recommended in the draft report; and
(b) where the trust in question is an NHS foundation trust,
another NHS foundation trust, or an NHS trust, which
provides services under this Act that would be affected by
the action recommended in the draft report.”.
(25) In section 13Q(4) of that Act (public involvement and consultation by the
Board), at the end insert “save to the extent required by section 65K(3) or
65KA(7)”.
(26) In section 14Z2(7) of that Act (public involvement and consultation by
clinical commissioning groups), at the end insert “save to the extent
required by section 65K(3) or 65KA(7)”.
(27) In section 242(6)(b) of that Act (public involvement and consultation), at
the end insert “save to the extent required by section 65K(3) or 65KA(7)”.”