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The National Health Service and Community Care Act 1990 (c. 19) | |
81 The 1990 Act is amended as follows. | |
82 In section 21 (schemes for meeting losses and liabilities etc. of certain health | |
service bodies)— | |
(a) in subsection (2), after “NHS trusts;” there is inserted— | 5 |
“(ba) NHS foundation trusts;”, | |
(b) in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted | |
“, NHS trust or NHS foundation trust”, | |
(c) in subsection (4), at the end there is inserted— | |
“but the Secretary of State may not make a direction under | 10 |
paragraph (a) above in relation to an NHS foundation trust”, | |
(d) in subsection (5), for “or NHS trust” there is substituted “, NHS trust | |
or NHS foundation trust”. | |
83 In Schedule 2 (NHS trusts), in paragraph 30, in sub-paragraph (1), after | |
paragraph (bbc) there is inserted— | 15 |
“(bbd) an NHS foundation trust, or”. | |
The Town and Country Planning Act 1990 (c. 8) | |
84 Sections 238 to 240 of the Town and Country Planning Act 1990 (use and | |
development of consecrated land and burial grounds) apply to consecrated | |
land and land comprised in a burial ground which an NHS foundation trust | 20 |
holds for any of its purposes as if— | |
(a) the trust were a statutory undertaker, and | |
(b) that land had been the subject of a relevant acquisition by the trust. | |
The Access to Health Records Act 1990 (c. 23) | |
85 The Access to Health Records Act 1990 is amended as follows. | 25 |
86 In section 11 (interpretation), in the definition of “health service body”, the | |
“or” before paragraph (d) is omitted and after that paragraph there is | |
inserted— | |
“(e) an NHS foundation trust;”. | |
The Water Industry Act 1991 (c. 56) | 30 |
87 The Water Industry Act 1991 is amended as follows. | |
88 In Schedule 4A (premises that are not to be disconnected for non-payment | |
of charges), in paragraph 16, at the end there is inserted “or by an NHS | |
foundation trust”. | |
The London Local Authorities Act 1991 (c. xiii) | 35 |
89 The London Local Authorities Act 1991 is amended as follows. | |
90 In section 4 (interpretation of Part 2), in paragraph (d) of the definition of | |
“establishment for special treatment”, after “1990” there is inserted “or by an | |
NHS foundation trust”. | |
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The Health Service Commissioners Act 1993 (c. 46) | |
91 The Health Service Commissioners Act 1993 is amended as follows. | |
92 In section 2 (the bodies subject to investigation), in subsection (1), after | |
paragraph (da) there is inserted— | |
“(db) NHS foundation trusts,”. | 5 |
The Vehicle Excise and Registration Act 1994 (c. 22) | |
93 The Vehicle Excise and Registration Act 1994 is amended as follows. | |
94 In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of | |
paragraph (b) there is inserted— | |
“(ba) an NHS foundation trust, or”. | 10 |
The Value Added Tax Act 1994 (c. 23) | |
95 The Value Added Tax Act 1994 is amended as follows. | |
96 In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), | |
after paragraph (e) there is inserted— | |
“(eaa) an NHS foundation trust;”. | 15 |
The Employment Rights Act 1996 (c. 18) | |
97 The Employment Rights Act 1996 is amended as follows. | |
98 In section 50 (right to time off for public duties), in subsection (8), after | |
paragraph (a) there is inserted— | |
“(ab) an NHS foundation trust,”. | 20 |
99 In section 218 (change of employer), in subsection (10), after paragraph (c) | |
there is inserted— | |
“(ca) NHS foundation trusts,”. | |
The Housing Grants, Construction and Regeneration Act 1996 (c. 53) | |
100 The Housing Grants, Construction and Regeneration Act 1996 is amended | 25 |
as follows. | |
101 In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust” | |
there is substituted “, NHS trust or NHS foundation trust”. | |
The Education Act 1996 (c. 56) | |
102 The Education Act 1996 is amended as follows. | 30 |
103 In section 332 (duty of Health Authority, a Primary Care Trust or National | |
Health Service trust to notify parent etc.), in subsection (1), for “or a National | |
Health Service trust” there is substituted “, a National Health Service trust | |
or an NHS foundation trust”. | |
The Data Protection Act 1998 (c. 29) | 35 |
104 The Data Protection Act 1998 is amended as follows. | |
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105 In section 69 (meaning of “health professional”), in subsection (3), after | |
paragraph (f) there is inserted— | |
“(fa) an NHS foundation trust;”. | |
The Health Act 1999 (c. 8) | |
106 The Health Act 1999 is amended as follows. | 5 |
107 In section 31 (arrangements between NHS bodies and local authorities), in | |
subsection (8), in the definition of “NHS body”, for “or NHS trust” there is | |
substituted “, NHS trust or NHS foundation trust”. | |
The Care Standards Act 2000 (c. 14) | |
108 The Care Standards Act 2000 is amended as follows. | 10 |
109 In section 42 (power to extend the application of Part 2), in subsection | |
(2)(b)(ii), after “NHS trusts” there is inserted “, NHS foundation trusts”. | |
110 In section 121 (general interpretation), in subsection (1), in the definition of | |
“National Health Service body”, after “National Health Service trust,” there | |
is inserted “an NHS foundation trust,”. | 15 |
The Freedom of Information Act 2000 (c. 36) | |
111 The Freedom of Information Act 2000 is amended as follows. | |
112 In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is | |
inserted— | |
“40A An NHS foundation trust.” | 20 |
The Health and Social Care Act 2001(c. 15) | |
113 The Health and Social Care Act 2001 is amended as follows. | |
114 In section 7 (functions of overview and scrutiny committees)— | |
(a) in subsection (3)(b), at the end there is inserted “or to the | |
Independent Regulator of NHS Foundation Trusts (“the | 25 |
regulator”)”, | |
(b) in subsection (3)(c), at the end there is inserted “(including provision | |
as to circumstances in which the relevant authority or the regulator | |
may require consultation on those matters in accordance with the | |
regulations)”, | 30 |
(c) in subsection (4), for “or NHS trust” there is substituted “, NHS trust | |
or NHS foundation trust”. | |
115 In section 28 (pilot schemes: local pharmaceutical services), in subsection (7), | |
after “NHS trust” there is inserted “, an NHS foundation trust”. | |
116 In section 33 (NHS contracts), in subsection (1), after “body corporate” there | 35 |
is inserted “(other than an NHS foundation trust)”. | |
The International Development Act 2002 (c. 1) | |
117 The International Development Act 2002 is amended as follows. | |
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118 In Schedule 1 (statutory bodies to which section 9 applies), there is inserted | |
at the appropriate place— | |
“An NHS foundation trust”. | |
The National Health Service Reform and Health Care Professions Act 2002 (c. 17) | |
119 The National Health Service Reform and Health Care Professions Act 2002 | 5 |
is amended as follows. | |
120 In section 23 (joint working with the prison service), in subsection (5), in the | |
definition of “NHS bodies”, after “NHS trusts,” there is inserted “NHS | |
foundation trusts,”. | |
The Adoption and Children Act 2002 (c. 38) | 10 |
121 The Adoption and Children Act 2002 is amended as follows. | |
122 In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS | |
trust” there is substituted “, NHS trust or NHS foundation trust”. | |
The Nationality, Immigration and Asylum Act 2002 (c. 41) | |
123 The Nationality, Immigration and Asylum Act 2002 is amended as follows. | 15 |
124 In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph | |
(ii) there is inserted— | |
“(iia) an NHS foundation trust,”. | |
Schedule 5 | |
Section 36(3) | |
CHAI: supplementary | 20 |
Status | |
1 (1) The CHAI is not to be regarded as the servant or agent of the Crown or as | |
enjoying any status, immunity or privilege of the Crown. | |
(2) The CHAI’s property is not to be regarded as property of, or property held | |
on behalf of, the Crown. | 25 |
General powers and duties | |
2 (1) The CHAI may do anything which appears to it to be necessary or expedient | |
for the purpose of, or in connection with, the exercise of its functions. | |
(2) That includes, in particular— | |
(a) co-operating with other public authorities in the United Kingdom, | 30 |
(b) acquiring and disposing of land and other property, | |
(c) entering into contracts, and | |
(d) providing training. | |
(3) It is the duty of the CHAI to carry out its functions effectively, efficiently and | |
economically. | 35 |
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Chairman and other members | |
3 (1) The CHAI is to consist of— | |
(a) a chairman appointed by the Secretary of State, | |
(b) a member appointed by the Assembly who appears to the Assembly | |
to be suited to make the interests of Wales his special care, and | 5 |
(c) other members appointed by the Secretary of State. | |
(2) The Secretary of State may in the prescribed manner remove from office any | |
person appointed by him under sub-paragraph (1)(a) or (c) if (and only if) he | |
is satisfied that one of the conditions specified in sub-paragraph (4) is | |
satisfied in relation to that person. | 10 |
(3) The Assembly may in the prescribed manner remove from office the person | |
appointed by it under sub-paragraph (1)(b) if (and only if) the Assembly is | |
satisfied that the conditions specified in sub-paragraph (4) is satisfied in | |
relation to that person. | |
(4) The conditions referred to in sub-paragraphs (2) and (3) above in relation to | 15 |
a person are that— | |
(a) he is unable or unfit to carry out the duties of his office; | |
(b) he is failing to carry out the duties of his office; | |
(c) he has become disqualified from holding office. | |
(5) The Secretary of State may by regulations make provision as to— | 20 |
(a) the appointment of the chairman and other members (including the | |
number, or limits on the number, of members who may be appointed | |
and any conditions to be fulfilled for appointment), and | |
(b) subject to this paragraph, the tenure of office of the chairman and | |
other members (including the circumstances in which they cease to | 25 |
hold office, become disqualified from holding office or may be | |
suspended from office). | |
(6) Regulations under sub-paragraph (5)(b) relating to the suspension of a | |
person from office may only provide for suspension where it appears to the | |
Secretary of State that one of the conditions referred to in sub-paragraph (4) | 30 |
is or may be satisfied in relation to that person. | |
(7) The Secretary of State must consult the Assembly before exercising any of | |
his functions under this section. | |
(8) The Assembly may direct a Special Health Authority to exercise any | |
function conferred on it by or under this paragraph. | 35 |
(9) If directions are given under sub-paragraph (8), the National Health Service | |
Act 1977 (c. 49) has effect as if— | |
(a) the directions were directions under section 16D of that Act for the | |
exercise of functions relating to the health service and, accordingly, | |
(b) the functions were exercisable by the Special Health Authority under | 40 |
that section. | |
Remuneration of chairman and other members | |
4 (1) The CHAI may pay to its chairman, or to any other member, such | |
remuneration and allowances as the Secretary of State may determine. | |
(2) If the Secretary of State so determines, the CHAI must pay or make | 45 |
provision for the payment of such pension, allowance or gratuities as the | |
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(2) Secretary of State may determine to or in respect of a person who is or has | |
been the chairman or other member of the CHAI. | |
(3) If the Secretary of State determines that there are special circumstances that | |
make it right for a person ceasing to hold office as chairman of the CHAI to | |
receive compensation, the CHAI must pay to him, or make provision for the | 5 |
payment to him of, such compensation as the Secretary of State may | |
determine. | |
(4) The Secretary of State must consult the Assembly before exercising any of | |
his functions under this section. | |
Employees | 10 |
5 (1) The CHAI must appoint a chief executive (to be known as the “Chief | |
Inspector of Healthcare”), who is to be an employee of the CHAI and is to be | |
responsible to it for the general exercise of its functions. | |
(2) The CHAI may appoint such other employees as it considers appropriate. | |
(3) Employees of the CHAI are to be appointed on such terms and conditions as | 15 |
it may determine. | |
(4) Without prejudice to its other powers, the CHAI may pay, or make | |
provision for the payment of— | |
(a) pensions, allowances or gratuities, or | |
(b) compensation for loss of employment or reduction of remuneration, | 20 |
to or in respect of its employees. | |
Procedure | |
6 (1) The CHAI may— | |
(a) appoint such committees and sub-committees (which may consist of | |
or include persons who are not members of the CHAI) as it thinks fit; | 25 |
(b) pay such remuneration and allowances to members of its committees | |
and sub-committee as it thinks fit. | |
(2) The CHAI may in all other respects regulate its own procedure. | |
(3) The validity of the proceedings of the CHAI is not affected by any defect in | |
the appointment of a member or any vacancy in membership. | 30 |
Discharge of functions | |
7 (1) The CHAI may arrange for— | |
(a) any of its committees, sub-committees, members or employees, or | |
(b) any other person, | |
to exercise any of its functions on its behalf. | 35 |
(2) If the CHAI arranges for the discharge of any function as mentioned in sub- | |
paragraph (1)(b), the arrangements may include provision with respect to | |
the payment of remuneration and allowances to, or amounts in respect of, | |
such persons. | |
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Assistance | |
8 (1) The CHAI may arrange for such persons as it thinks fit to assist it in the | |
discharge of any of its functions in relation to a particular case or class of | |
case. | |
(2) Such arrangements may include provision with respect to the payment of | 5 |
remuneration and allowances to, or amounts in respect of, such persons. | |
Payments and loans | |
9 (1) The Secretary of State may make payments out of money provided by Parliament to | |
the CHAI of such amounts, at such times and on such conditions (if any) as he | |
considers appropriate. | 10 |
(2) The Assembly may make payments to the CHAI of such amounts, at such times and | |
on such conditions (if any) as it considers appropriate. | |
(3) The Secretary of State may, with the approval of the Treasury, make loans out of | |
money provided by Parliament to the CHAI on such terms (including terms as to | |
repayment and interest) as he may determine. | 15 |
(4) The Assembly may make loans to the CHAI on such terms (including terms as to | |
repayment and interest) as it may determine. | |
(5) Except as provided by this paragraph, the CHAI has no power to borrow money. | |
Accounts | |
10 (1) The CHAI must keep its accounts in such form as the Secretary of State may | 20 |
determine. | |
(2) The CHAI must prepare annual accounts in respect of each financial year in | |
such form as the Secretary of State may determine. | |
(3) The CHAI must send copies of the annual accounts to the Secretary of State | |
and the Comptroller and Auditor General within such period after the end | 25 |
of the financial year to which the accounts relate as the Secretary of State | |
may determine. | |
(4) The Comptroller and Auditor General must examine, certify and report on | |
the annual accounts and must lay copies of the accounts and of his report | |
before Parliament. | 30 |
Seal and evidence | |
11 The application of the seal of the CHAI must be authenticated by the | |
signature— | |
(a) of any member of the CHAI, or | |
(b) of any other person who has been authorised by the CHAI (whether | 35 |
generally or specifically) for that purpose. | |
12 A document purporting to be duly executed under the seal of the CHAI or | |
to be signed on its behalf is to be received in evidence and, unless the | |
contrary is provided, taken to be so signed or executed. | |
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