Deregulation Bill

Amendment
to be moved
in grand committee

[Supplementary to the Sixth Marshalled List]

After Clause 73

LORD WALLACE OF SALTAIRE

 

Insert the following new Clause—

“NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc

(1)     The National Health Service Act 2006 is amended as follows.

(2)     In section 56A (acquisitions), after subsection (4) insert—

“(4A)    Where the regulator proposes to grant the application, it may by
order make provision for the transfer of employees of B to A on the
grant of the application.”

(3)     After section 56A (acquisitions) insert—

“56AA            Acquisitions under section 56A: supplementary

(1)     On the grant of an application under section 56A—

(a)   any order made by the regulator under section 56A(4A)
takes effect,

(b)   the property and liabilities of the acquired NHS foundation
trust or NHS trust are transferred to the acquiring NHS
foundation trust (other than rights and liabilities which may
be dealt with by order under section 56A(4A)),

(c)   the acquired NHS foundation trust or NHS trust is
dissolved, and

(d)   where the acquired trust is an NHS trust, the NHS trust
order establishing it is revoked.

(2)     So far as may be necessary for the purposes of subsection (1)(b)—

(a)   anything done before the grant of the application by or in
relation to the acquired trust is to be treated (on and after the
grant) as having been done by or in relation to the acquiring
trust;

(b)   any reference in a document to the acquired trust is to be
read as a reference to the acquiring trust.

(3)     Anything (including legal proceedings) that, immediately before
the grant of the application, is in the process of being done by or in
relation to the acquired trust may continue to be done afterwards
by or in relation to the acquiring trust.

(4)     In subsection (1)—

(a)   “liabilities” includes criminal liabilities;

(b)   “property” includes trust property.”

(4)     In section 57 (sections 56 to 56B: supplementary), after subsection (3)
insert—

“(3A)    The order may include provision for the transfer of employees of
the trust or trusts dissolved by the order.”

(5)     In section 64 (orders and regulations under this Chapter)—

(a)   in subsection (4), before paragraph (c) insert—

“(ba)   section 56A(4A),”;

(b)   in subsection (4A), after “section” insert “56A(4A),”.

(6)     In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words
following “trust” to the end substitute “—

(i)   to an NHS body;

(ii)   to the Secretary of State;

(iii)   between more than one NHS body or between one
or more NHS bodies and the Secretary of State.”

(7)     In that section, in subsection (5), for “to an NHS foundation trust”
substitute “to an NHS body”.”

Prepared 12th November 2014