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(b) has effect from the date of transfer as if originally made between the | |
employee and the transferee. | |
3 Where an employee is so transferred— | |
(a) all the rights, powers, duties and liabilities of the trust under or in | |
connection with the contract of employment are by virtue of this | 5 |
paragraph transferred to the transferee on the date of transfer, and | |
(b) anything done before that date by or in relation to the trust in respect | |
of that contract or the employee is to be treated from that date as | |
having been done by or in relation to the transferee. | |
This paragraph does not prejudice the generality of paragraph 2. | 10 |
4 But if the employee informs the trust or the proposed transferee that he | |
objects to the transfer— | |
(a) paragraphs 2 and 3 do not apply, and | |
(b) the contract of employment is terminated immediately before the | |
date of transfer but the employee is not to be treated, for any | 15 |
purpose, as having been dismissed by the trust. | |
5 This Schedule does not prejudice any right of an employee to terminate his | |
contract of employment if (apart from the change of employer) a substantial | |
change is made to his detriment in his working conditions. | |
6 In this Schedule, “date of transfer” means the date decided under the order | 20 |
for the transfer of the employee. | |
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. | 25 |
2 In section 1 (definitions), in the definition of “voluntary hospital”, after | |
“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 | 30 |
subsection (6), for “or an NHS trust” there is substituted “, an NHS trust or | |
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 | 35 |
relating to the Department of Health, in the second column, for “and | |
National Health Service trusts” there is substituted “, National Health | |
Service trusts and NHS foundation trusts”. | |
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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 | |
(4A)(b), for “or NHS trust” there is substituted “, NHS trust or NHS | |
foundation trust”. | 5 |
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 | |
“National Health Service trust” there is inserted “or an NHS foundation | |
trust”. | 10 |
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 public | |
purposes)— | |
(a) in subsection (5), for “and any National Health Service trust” there is | 15 |
substituted “, any National Health Service trust and any NHS | |
foundation trust”, | |
(b) in subsection (6)(c), for “or National Health Service trust” there is | |
substituted “, National Health Service trust or NHS foundation | |
trust”. | 20 |
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 | 25 |
(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. | 30 |
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 | 35 |
authorities), in subsection (1A), for “or NHS trust” (in each place) there is | |
substituted “, NHS trust or NHS foundation trust”. | |
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The House of Commons Disqualification Act 1975 (c. 24) | |
19 The House of Commons Disqualification Act 1975 is amended as follows. | |
20 In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the | |
appropriate place— | |
“Chairman or other non-executive director of an NHS foundation trust.” | 5 |
The Race Relations Act 1976 (c. 74) | |
21 The Race Relations Act 1976 is amended as follows. | |
22 In Schedule 1A (bodies and other persons subject to general statutory duty), | |
after paragraph 8 there is inserted— | |
“8A An NHS foundation trust.” | 10 |
The National Health Service Act 1977 (c. 49) | |
23 The 1977 Act is amended as follows. | |
24 In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after | |
“NHS contracts” there is inserted “or under agreements or arrangements | |
made with NHS foundation trusts”. | 15 |
25 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— | |
“(e) an NHS foundation trust”. | |
26 In section 28 (supply of goods and services by local authorities), in | 20 |
subsection (3)— | |
(a) for “and NHS trusts” (in both places) there is substituted “, NHS | |
trusts and NHS foundation trusts”, | |
(b) for “and the National Health Service and Community Care Act 1990” | |
there is substituted “, the National Health Service and Community | 25 |
Care Act 1990 and Part 1 of the Health and Social Care (Community | |
Health and Standards) Act 2003”. | |
27 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”. | 30 |
28 In section 63 (hospital accommodation on part payment), in subsection (1C), | |
at the end there is inserted “or an NHS foundation trust”. | |
29 In section 65 (accommodation and services for private patients), in | |
subsection (4), at the end there is inserted “or an NHS foundation trust”. | |
30 In section 81 (charges for more expensive supplies), in paragraph (a), for “or | 35 |
an NHS trust” there is substituted “, an NHS trust or an NHS foundation | |
trust”. | |
31 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”. | 40 |
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32 In section 83A (remission and repayment of charges and payment of | |
travelling expenses), in subsection (1)— | |
(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 | 5 |
foundation trust”. | |
33 In section 84 (inquiries), in subsection (1), at the end there is inserted “or Part | |
1 of the Health and Social Care (Community Health and Standards) Act | |
2003”. | |
34 In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust” | 10 |
(in each place) there is inserted “NHS foundation trust”. | |
35 In section 92 (further transfers of trust property)— | |
(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 | 15 |
NHS foundation trust and”. | |
36 In section 96 (trusts: supplementary provisions), any reference to sections 90 | |
to 95 of the 1977 Act includes section 22(1) to (3) of this Act. | |
37 In section 96A (powers of health bodies to raise money by appeals etc.), after | |
subsection (11) there is inserted— | 20 |
“(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 | |
(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.” | 25 |
38 In section 103 (special arrangement as to payment of remuneration), in | |
subsection (3)(a), after “NHS trust” there is inserted “or an NHS foundation | |
trust”. | |
39 In section 105 (payments for certain medical examinations), in subsection | |
(2)(b), after “NHS trust,” there is inserted “NHS foundation trust,”. | 30 |
40 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”. | |
41 In section 125 (protection of members and officers of authorities)— | |
(a) after paragraph (c) there is inserted— | 35 |
“(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”. | 40 |
42 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”. | |
43 In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust” | |
there is inserted “, an NHS foundation trust”. | 45 |
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44 In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8), | |
after “NHS trust” there is inserted “, an NHS foundation trust”. | |
45 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”. | 5 |
The Acquisition of Land Act 1981 (c. 67) | |
46 (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. | 10 |
(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 | 15 |
such information, as he may require, and | |
(b) is approved by him. | |
47 The Acquisition of Land Act 1981 is amended as follows. | |
48 In section 16 (statutory undertakers’ land excluded from compulsory | |
purchase), in subsection (3), after paragraph (b) there is inserted— | 20 |
“(ba) an NHS foundation trust;”. | |
49 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,”. | 25 |
The Mental Health Act 1983 (c. 20) | |
50 The Mental Health Act 1983 is amended as follows. | |
51 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 | 30 |
vested in an NHS foundation trust”. | |
52 In section 19 (regulations as to transfer of patients), in subsection (3), after | |
“National Health Service trust” (in both places) there is inserted “, NHS | |
foundation trust”. | |
53 In section 23 (discharge of patients)— | 35 |
(a) in subsection (3), after “National Health Service trust,” (in both | |
places) there is inserted “NHS foundation trust,”, | |
(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— | 40 |
“(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.” | |
54 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”. | 5 |
55 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”. | |
56 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”. | 10 |
57 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) | 15 |
58 The National Audit Act 1983 is amended as follows. | |
59 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) | |
60 The Public Health (Control of Disease) Act 1984 is amended as follows. | 20 |
61 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”. | |
62 In section 37 (removal to hospital of person with notifiable disease), in | |
subsection (1)(c), after “NHS trust,” there is inserted “NHS foundation | 25 |
trust,”. | |
63 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) | 30 |
64 The Disabled Persons (Services, Consultation and Representation) Act 1986 | |
is amended as follows. | |
65 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”. | 35 |
66 In section 7 (persons discharged from hospital), in subsection (9), in the | |
definition of “the managers”— | |
(a) in paragraph (a)(i), after “National Health Service trust” there is | |
inserted “, an NHS foundation trust”, | |
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(b) in paragraph (cc), after “that trust;” there is inserted— | |
“(cd) in relation to a hospital vested in an NHS foundation | |
trust, means the board of directors of that trust;”. | |
The Company Directors Disqualification Act 1986 (c. 46) | |
67 The Company Directors Disqualification Act 1986 is amended as follows. | 5 |
68 After section 22B there is inserted— | |
“22C Application of Act to NHS foundation trusts | |
(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 | 10 |
company, include, respectively, references to an NHS foundation | |
trust or to a director or officer of the trust; but references to shadow | |
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 | 15 |
or the Companies Act include references to the corresponding | |
provisions of Part 1 of the Health and Social Care (Community | |
Health and Standards) Act 2003.” | |
The AIDS (Control) Act 1987 (c. 33) | |
69 The AIDS (Control) Act 1987 is amended as follows. | 20 |
70 In section 1 (periodical reports on matters relating to AIDS and HIV)— | |
(a) in subsection (1)(b)(iv), after “NHS trust” there is inserted— | |
“(iva) each NHS foundation trust;”, | |
(b) in subsection (2)(b), after “NHS Trust” there is inserted “, NHS | |
foundation trust”. | 25 |
The Copyright, Designs and Patents Act 1988 (c. 48) | |
71 The Copyright, Designs and Patents Act 1988 is amended as follows. | |
72 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”. | 30 |
The Road Traffic Act 1988 (c. 52) | |
73 The Road Traffic Act 1988 is amended as follows. | |
74 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 | 35 |
time when the vehicle is being driven under the owner’s | |
control,”. | |
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