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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

    113

 

The Children Act 1989 (c. 41)

  75       The Children Act 1989 is amended as follows.

  76       In section 24 (persons qualifying for advice and assistance), in subsection

(2)(d)(ii), after “trust” there is inserted “or an NHS foundation trust”.

  77       In section 24C (information), in subsection (2)(c), after “trust” there is

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inserted “or an NHS foundation trust”.

  78       In section 27 (co-operation between authorities), in subsection (3)(d), for “or

National Health Service trust” there is substituted “, National Health Service

trust or NHS foundation trust”.

  79       In section 47 (local authority’s duty to investigate), in subsection (11)(d), for

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“or National Health Service trust” there is substituted “, National Health

Service trust or NHS foundation trust”.

  80       In section 80 (inspection of children’s homes etc. by persons authorised by

Secretary of State)—

              (a)             in subsection (1)(d), for “or National Health Service trust” there is

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substituted “, National Health Service trust or NHS foundation

trust”,

              (b)             in subsection (5)(e), after “National Health Service trust” there is

inserted “, NHS foundation trust”.

  81       In section 85 (children accommodated by health authorities and local

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education authorities), in subsection (1), after “National Health Service

trust” there is inserted “, NHS foundation trust”.

  82       In Schedule 2 (local authority support for children and families), in

paragraph 1A(3), after paragraph (b) there is inserted—

                    “(ba)                      every NHS foundation trust which manages a hospital

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(within the meaning of the Health and Social Care

(Community Health and Standards) Act 2003) in the

authority’s area;”.

The National Health Service and Community Care Act 1990 (c. 19)

  83       The 1990 Act is amended as follows.

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  84       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—

                           “(ba)                             NHS foundation trusts;”,

              (b)             in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted

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“, 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

paragraph (a) above in relation to an NHS foundation trust”,

              (d)             in subsection (5), for “or NHS trust” there is substituted “, NHS trust

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or NHS foundation trust”.

  85       In Schedule 2 (NHS trusts)—

 

 

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

    114

 

              (a)             in the case of patients being provided with goods and services for the

purposes of the health service, paragraph 14 is to have effect in

relation to accommodation and further services made available to

them by an NHS foundation trust as it does in relation to

accommodation and services made available by NHS trusts,

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              (b)             in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is

inserted—

                           “(bbd)                             an NHS foundation trust, or”.

The Town and Country Planning Act 1990 (c. 8)

  86       Sections 238 to 240 of the Town and Country Planning Act 1990 (use and

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development of consecrated land and burial grounds) apply to consecrated

land and land comprised in a burial ground which an NHS foundation trust

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.

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The Access to Health Records Act 1990 (c. 23)

  87       The Access to Health Records Act 1990 is amended as follows.

  88       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—

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                    “(e)                      an NHS foundation trust;”.

The Water Industry Act 1991 (c. 56)

  89       The Water Industry Act 1991 is amended as follows.

  90       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

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foundation trust”.

The London Local Authorities Act 1991 (c. xiii)

  91       The London Local Authorities Act 1991 is amended as follows.

  92       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

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NHS foundation trust”.

The Health Service Commissioners Act 1993 (c. 46)

  93       The Health Service Commissioners Act 1993 is amended as follows.

  94       In section 2 (the bodies subject to investigation), in subsection (1), after

paragraph (da) there is inserted—

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                    “(db)                      NHS foundation trusts,”.

The Vehicle Excise and Registration Act 1994 (c. 22)

  95       The Vehicle Excise and Registration Act 1994 is amended as follows.

 

 

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

    115

 

  96       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”.

The Value Added Tax Act 1994 (c. 23)

  97       The Value Added Tax Act 1994 is amended as follows.

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  98       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;”.

The Employment Rights Act 1996 (c. 18)

  99       The Employment Rights Act 1996 is amended as follows.

10

  100      In section 50 (right to time off for public duties), in subsection (8), after

paragraph (a) there is inserted—

                    “(ab)                      an NHS foundation trust,”.

  101      In section 218 (change of employer), in subsection (10), after paragraph (c)

there is inserted—

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                    “(ca)                      NHS foundation trusts,”.

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

  102      The Housing Grants, Construction and Regeneration Act 1996 is amended

as follows.

  103      In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust”

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there is substituted “, NHS trust or NHS foundation trust”.

The Education Act 1996 (c. 56)

  104      The Education Act 1996 is amended as follows.

  105      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

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Health Service trust” there is substituted “, a National Health Service trust

or an NHS foundation trust”.

The Data Protection Act 1998 (c. 29)

  106      The Data Protection Act 1998 is amended as follows.

  107      In section 69 (meaning of “health professional”), in subsection (3), after

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paragraph (f) there is inserted—

                    “(fa)                      an NHS foundation trust;”.

The Health Act 1999 (c. 8)

  108      The Health Act 1999 is amended as follows.

  109      In section 31 (arrangements between NHS bodies and local authorities), in

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subsection (8), in the definition of “NHS body”, for “or NHS trust” there is

substituted “, NHS trust or 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 Care Standards Act 2000 (c. 14)

  110      The Care Standards Act 2000 is amended as follows.

  111      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”.

  112      In section 121 (general interpretation), in subsection (1), in the definition of

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“National Health Service body”, after “National Health Service trust,” there

is inserted “an NHS foundation trust,”.

The Freedom of Information Act 2000 (c. 36)

  113      The Freedom of Information Act 2000 is amended as follows.

  114      In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is

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inserted—

          “40A                  An NHS foundation trust.”

The Health and Social Care Act 2001 (c. 15)

  115      The Health and Social Care Act 2001 is amended as follows.

  116      In section 7 (functions of overview and scrutiny committees)—

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              (a)             in subsection (3)(b), at the end there is inserted “or to the

Independent Regulator of NHS Foundation Trusts (“the

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

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may require consultation on those matters in accordance with the

regulations)”,

              (c)             in subsection (4), for “or NHS trust” there is substituted “, NHS trust

or NHS foundation trust”.

  117      In section 28 (pilot schemes: local pharmaceutical services), in subsection (7),

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after “NHS trust” there is inserted “, an NHS foundation trust”.

  118      In section 33 (NHS contracts), in subsection (1), after “body corporate” there

is inserted “(other than an NHS foundation trust)”.

The International Development Act 2002 (c. 1)

  119      The International Development Act 2002 is amended as follows.

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  120      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)

  121      The National Health Service Reform and Health Care Professions Act 2002

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is amended as follows.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

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  122      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)

  123      The Adoption and Children Act 2002 is amended as follows.

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  124      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)

  125      The Nationality, Immigration and Asylum Act 2002 is amended as follows.

  126      In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph

10

(ii) there is inserted—

                           “(iia)                             an NHS foundation trust,”.

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

  127      The Community Care (Delayed Discharges etc.) Act 2003 is amended as

follows.

15

  128      In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in

subsection (1), in paragraph (a) of the definition of “NHS body”, after

“trust;” there is inserted—

                    “(ab)                      an NHS foundation trust;”.

Schedule 5

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Section 36(2)

 

CHAI: supplementary

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

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on behalf of, the Crown.

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—

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              (a)             co-operating with other public authorities in the United Kingdom,

              (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

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economically.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

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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

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              (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.

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          (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

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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—

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              (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

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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 (or, in the case of a person appointed under sub-paragraph

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(1)(b), the Assembly) that one of the conditions referred to in sub-paragraph

(4) 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 paragraph.

          (8)      The Assembly may direct a Special Health Authority to exercise any

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function conferred on it by or under this paragraph.

          (9)      If directions are given under sub-paragraph (8), the 1977 Act 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,

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              (b)             the functions were exercisable by the Special Health Authority under

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.

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Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

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          (2)      If the Secretary of State so determines, the CHAI must pay or make

provision for the payment of such pension, allowance or gratuities as the

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

5

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

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

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his functions under this paragraph.

Employees

  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.

          (2)      The CHAI may appoint such other employees as it considers appropriate.

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          (3)      Employees of the CHAI are to be appointed on such terms and conditions as

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

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              (b)             compensation for loss of employment or reduction of remuneration,

                   to or in respect of its employees.

Procedure

  6       (1)      The CHAI may—

              (a)             appoint such committees and sub-committees (which may consist of

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or include persons who are not members of the CHAI) as it thinks fit;

              (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

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the appointment of a member or any vacancy in membership.

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,

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                   to exercise any of its functions on its behalf.

          (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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