Health and Social Care (Community Health and Standards) Bill

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Session 2002 - 03
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Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
    100

Schedule 4
Section 32

Amendments relating to NHS foundation trusts
The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
  1        The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.
  2        In section 1 (definitions), in the definition of “voluntary hospital”, after
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“NHS trust” there is inserted “, an NHS foundation trust”.
The National Assistance Act 1948 (c. 29)
  3        The National Assistance Act 1948 is amended as follows.
  4        In section 24 (authority liable for provision of accommodation), in
subsection (6), for “or an NHS trust” there is substituted “, an NHS trust or
10
an NHS foundation trust”.
The Public Records Act 1958 (c. 51)
  5        The Public Records Act 1958 is amended as follows.
  6        In Schedule 1 (definition of public records), in the Table in Part 1, in the entry
relating to the Department of Health, in the second column, for “and
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National Health Service trusts” there is substituted “, National Health
Service trusts and NHS foundation trusts”.
The Human Tissue Act 1961 (c. 54)
  7        The Human Tissue Act 1961 is amended as follows.
  8        In section 1 (removal of parts of bodies for medical purposes), in subsection
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(4A)(b), for “or NHS trust” there is substituted “, NHS trust or NHS
foundation trust”.
The Abortion Act 1967 (c. 87)
  9        The Abortion Act 1967 is amended as follows.
  10       In section 1 (medical termination of pregnancy), in subsection (3), after
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“National Health Service trust” there is inserted “or an NHS foundation
trust”.
The Leasehold Reform Act 1967 (c. 88)
  11       The Leasehold Reform Act 1967 is amended as follows.
  12       In section 28 (retention or assumption of land required for pubic
30
purposes)—
              (a)             in subsection (5), for “and any National Health Service trust” there is
substituted “, any National Health Service trust and any NHS
foundation trust”,
              (b)             in subsection (6)(c), for “or National Health Service trust” there is
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substituted “, National Health Service trust or NHS foundation
trust”.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
    101

The Health Services and Public Health Act 1968 (c. 46)
  13       The Health Services and Public Health Act 1968 is amended as follows.
  14       In section 63 (provisions of instruction for officers of hospital authorities etc.
employed, or contemplating employment, in certain activities connected
with health or welfare), in subsection (5B), the “and” at the end of paragraph
5
(bbb) is omitted and after paragraph (c) there is inserted—
                    “(d)                      NHS foundation trusts”.
The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
  15       The Employers’ Liability (Compulsory Insurance) Act 1969 is amended as
follows.
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  16       In section 3 (employers exempted from insurance), in subsection (2)(a), after
“1978,” there is inserted “an NHS foundation trust,”.
The Local Government Act 1972 (c. 70)
  17       The Local Government Act 1972 is amended as follows.
  18       In section 113 (placing of staff of local authorities at disposal of other local
15
authorities), in subsection (1A), for “or NHS trust” (in each place) there is
substituted “, NHS trust or NHS foundation trust”.
The Race Relations Act 1976 (c. 74)
  19       The Race Relations Act 1976 is amended as follows.
  20       In Schedule 1A (bodies and other persons subject to general statutory duty),
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after paragraph 8 there is inserted—
          “8A                  An NHS foundation trust.”
The National Health Service Act 1977 (c. 49)
  21       The 1977 Act is amended as follows.
  22       In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after
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“NHS contracts” there is inserted “or under agreements or arrangements
made with NHS foundation trusts”.
  23       In section 22 (co-operation between health authorities and local authorities),
in subsection (1A), the “or” at the end of paragraph (cc) is omitted and after
paragraph (d) there is inserted—
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                    “(e)                      an NHS foundation trust”.
  24       In section 28 (supply of goods and services by local authorities), in
subsection (3)—
              (a)             for “and NHS trusts” (in both places) there is substituted “, NHS
trusts and NHS foundation trusts”,
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              (b)             for “and the National Health Service and Community Care Act 1990”
there is substituted “, the National Health Service and Community
Care Act 1990 and Part 1 of the Health and Social Care (Community
Health and Standards) Act 2003”.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
    102

  25       In section 28A (power to make payments towards expenditure on
community services), in subsection (2B), for “or NHS trust” there is
substituted “, NHS trust or NHS foundation trust”.
  26       In section 63 (hospital accommodation on part payment), in subsection (1C),
at the end there is inserted “or an NHS foundation trust”.
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  27       In section 65 (accommodation and services for private patients), in
subsection (4), at the end there is inserted “or an NHS foundation trust”.
  28       In section 81 (charges for more expensive supplies), in paragraph (a), for “or
an NHS trust” there is substituted “, an NHS trust or an NHS foundation
trust”.
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  29       In section 82 (charges for repairs and replacements in certain cases), in
paragraph (a), for “or an NHS trust” there is substituted “, an NHS trust or
an NHS foundation trust”.
  30       In section 83A (remission and repayment of charges and payment of
travelling expenses), in subsection (1)—
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              (a)             in paragraph (b), for “or an NHS trust” there is substituted “, an NHS
trust or an NHS foundation trust”,
              (b)             in paragraph (c), after “NHS trust” there is inserted “or an NHS
foundation trust”.
  31       In section 84 (inquiries), in subsection (1), at the end there is inserted “or Part
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1 of the Health and Social Care (Community Health and Standards) Act
2003”.
  32       In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust”
(in each place) there is inserted “NHS foundation trust”.
  33       In section 92 (further transfers of trust property)—
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              (a)             in subsection (1A), after “NHS trust” (in both places) there is inserted
“NHS foundation trust”,
              (b)             in subsection (7), before “a Primary Care Trust” there is inserted “an
NHS foundation trust and”.
  34       In section 96 (trusts: supplementary provisions), any reference to sections 90
30
to 95 of the 1977 Act includes section 22(1) to (3) of this Act.
  35       In section 96A (powers of health bodies to raise money by appeals etc.), after
subsection (11) there is inserted—
              “(12)                This section has effect in relation to an NHS foundation trust as it has
effect in relation to an NHS trust, but as if the reference in subsection
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(5A) to section 11(1) of the National Health Service and Community
Care Act 1990 included a reference to section 22 of the Health and
Social Care (Community Health and Standards) Act 2003.”
  36       In section 103 (special arrangement as to payment of remuneration), in
subsection (3)(a), after “NHS trust” there is inserted “or an NHS foundation
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trust”.
  37       In section 105 (payments for certain medical examinations), in subsection
(2)(b), after “NHS trust,” there is inserted “NHS foundation trust,”.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
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  38       In section 122 (recovery of charges), in subsection (1), after “1990” there is
inserted “or Part 1 of the Health and Social Care (Community Health and
Standards) Act 2003”.
  39       In section 125 (protection of members and officers of authorities)—
              (a)             after paragraph (c) there is inserted—
5
                           “(d)                             an NHS foundation trust,”,
              (b)             for the words following “this Act” there is substituted “, the National
Health Service and Community Care Act 1990 and Part 1 of the
Health and Social Care (Community Health and Standards) Act
2003”.
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  40       In section 128 (interpretation and construction), in subsection (1), in the
definition of “health service hospital”, for “or an NHS trust” there is
substituted “, an NHS trust or an NHS foundation trust”.
  41       In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust”
there is inserted “, an NHS foundation trust”.
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  42       In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),
after “NHS trust” there is inserted “, an NHS foundation trust”.
  43       In Schedule 12A (expenditure of Health Authorities and Primary Care
Trusts), in paragraph 7(3), after “NHS trust” there is inserted “or an NHS
foundation trust”.
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The Acquisition of Land Act 1981 (c. 67)
  44      (1)      An NHS foundation trust may be authorised to purchase land compulsorily
for the purposes of its functions by means of an order—
              (a)             made by the trust, and
              (b)             confirmed by the Secretary of State.
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          (2)      The Acquisition of Land Act 1981 is to apply to the compulsory purchase of
land under this paragraph.
          (3)      But no order is to be made by an NHS foundation trust under Part 2 of that
Act with respect to any land unless the proposal to acquire it compulsorily—
              (a)             is submitted to the Secretary of State in such form, and together with
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such information, as he may require, and
              (b)             is approved by him.
  45       The Acquisition of Land Act 1981 is amended as follows.
  46       In section 16 (statutory undertakers’ land excluded from compulsory
purchase), in subsection (3), after paragraph (b) there is inserted—
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                    “(ba)                       an NHS foundation trust;”.
  47       In section 17 (local authority and statutory undertakers’ land), in subsection
(4), in the definition of “statutory undertakers”, after paragraph (aa) there is
inserted—
                    “(aab)                      an NHS foundation trust,”.
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The Mental Health Act 1983 (c. 20)
  48       The Mental Health Act 1983 is amended as follows.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
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  49       In section 12 (general provisions as to medical recommendation), in
subsection (3), at the end there is inserted “or to be accommodated, by virtue
of an undertaking to pay in respect of the accommodation, in a hospital
vested in an NHS foundation trust”.
  50       In section 19 (regulations as to transfer of patients), in subsection (3), after
5
“National Health Service trust” (in both places) there is inserted “, NHS
foundation trust”.
  51       In section 23 (discharge of patients)—
              (a)             in subsection (3), after “National Health Service trust,” (in both
places) there is inserted “NHS foundation trust,”,
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              (b)             in subsection (4), after “trust” (in the first place it occurs) there is
inserted “(other than an NHS foundation trust)”,
              (c)             after subsection (5), there is inserted—
                    “(6)                      The powers conferred by this section on any NHS foundation
trust may be exercised by any three or more non-executive
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directors of the board of the trust authorised by the board in
that behalf.”
  52       In section 24 (visiting and examination by patients), in subsection (3), for “or
National Health Service trust” (in both places) there is substituted “,
National Health Service trust or NHS foundation trust”.
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  53       In section 32 (regulations for purposes of Part 2), in subsection (3), for “or
National Health Service trusts” there is substituted “, National Health
Service trusts or NHS foundation trusts”.
  54       In section 139 (protection for acts done in pursuance of this Act), in
subsection (4), at the end there is inserted “or NHS foundation trust”.
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  55       In section 145 (interpretation), in subsection (1), after paragraph (bb) of the
definition of “the managers” there is inserted—
                    “(bc)                      in relation to a hospital vested in an NHS foundation trust,
the trust;”.
The National Audit Act 1983 (c. 44)
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  56       The National Audit Act 1983 is amended as follows.
  57       In section 6 (public departments etc.), in subsection (3)(b), at the end there is
inserted “and any NHS foundation trust”.
The Public Health (Control of Disease) Act 1984 (c. 22)
  58       The Public Health (Control of Disease) Act 1984 is amended as follows.
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  59       In section 13 (regulations for control of certain diseases), in subsection (4)(a),
for “or National Health Service trusts” there is substituted “, National Health
Service trusts or NHS foundation trusts”.
  60       In section 37 (removal to hospital of person with notifiable disease), in
subsection (1)(c), after “NHS trust,” there is inserted “NHS foundation
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trust,”.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
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  61       In section 41 (removal to hospital of inmate of common lodging-house with
notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted
“NHS foundation trust,”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
  62       The Disabled Persons (Services, Consultation and Representation) Act 1986
5
is amended as follows.
  63       In section 2 (rights of authorised representatives of disabled persons), in
subsection (5)(a), after “1990” there is inserted “or by an NHS foundation
trust”.
  64       In section 7 (persons discharged from hospital), in subsection (9), in the
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definition of “the managers”—
              (a)             in paragraph (a)(i), after “National Health Service trust” there is
inserted “, an NHS foundation trust”,
              (b)             in paragraph (cc), after “that trust;” there is inserted—
                           “(cd)                             in relation to a hospital vested in an NHS foundation
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trust, means the board of directors of that trust;”.
The Company Directors Disqualification Act 1986 (c. 46)
  65       The Company Directors Disqualification Act 1986 is amended as follows.
  66       After section 22B there is inserted—
       “22C                                      Application of Act to NHS foundation trusts
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              (1)             This Act applies to NHS foundation trusts as it applies to companies
within the meaning of this Act.
              (2)             References in this Act to a company, or to a director or officer of a
company, include, respectively, references to an NHS foundation
trust or to a director or officer of the trust; but references to shadow
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directors are omitted.
              (3)             In the application of Schedule 1 to the directors of an NHS
foundation trust, references to the provisions of the Insolvency Act
or the Companies Act include references to the corresponding
provisions of Part 1 of the Health and Social Care (Community
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Health and Standards) Act 2003.”
The AIDS (Control) Act 1987 (c. 33)
  67       The AIDS (Control) Act 1987 is amended as follows.
  68       In section 1 (periodical reports on matters relating to AIDS and HIV)—
              (a)             in subsection (1)(b)(iv), after “NHS trust” there is inserted—
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                                 “(iva)                                   each NHS foundation trust;”,
              (b)             in subsection (2)(b), after “NHS Trust” there is inserted “, NHS
foundation trust”.

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts
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The Copyright, Designs and Patents Act 1988 (c. 48)
  69       The Copyright, Designs and Patents Act 1988 is amended as follows.
  70       In section 48 (material communicated to the Crown in the course of public
business), in subsection (6), after “1978” there is inserted “and an NHS
foundation trust”.
5
The Road Traffic Act 1988 (c. 52)
  71       The Road Traffic Act 1988 is amended as follows.
  72       In section 144 (exceptions from requirement of third-party insurance), in
subsection (2), after paragraph (db) there is inserted—
                    “(dc)                      to an ambulance owned by an NHS foundation trust, at a
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time when the vehicle is being driven under the owner’s
control,”.
The Children Act 1989 (c. 41)
  73       The Children Act 1989 is amended as follows.
  74       In section 24 (persons qualifying for advice and assistance), in subsection
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(2)(d)(ii), after “trust” there is inserted “or an NHS foundation trust”.
  75       In section 24C (information), in subsection (2)(c), after “trust” there is
inserted “or an NHS foundation trust”.
  76       In section 27 (co-operation between authorities), in subsection (3)(d), for “or
National Health Service trust” there is substituted “, National Health Service
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trust or NHS foundation trust”.
  77       In section 47 (local authority’s duty to investigate), in subsection (11)(d), for
“or National Health Service trust” there is substituted “, National Health
Service trust or NHS foundation trust”.
  78       In section 80 (inspection of children’s homes etc. by persons authorised by
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Secretary of State)—
              (a)             in subsection (1)(d), for “or National Health Service trust” there is
substituted “, National Health Service trust or NHS foundation
trust”,
              (b)             in subsection (5)(e), after “National Health Service trust” there is
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inserted “, NHS foundation trust”.
  79       In section 85 (children accommodated by health authorities and local
education authorities), in subsection (1), after “National Health Service
trust” there is inserted “, NHS foundation trust”.
  80       In Schedule 2 (local authority support for children and families), in
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paragraph 1A(3), after paragraph (b) there is inserted—
                    “(ba)                      every NHS foundation trust which manages a hospital
(within the meaning of the Health and Social Care
(Community Health and Standards) Act 2003) in the
authority’s area;”.
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© Parliamentary copyright 2003	Revised 13 March 2003