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Mr Andrew Lansley
148
Page 13, line 4 [Clause 34], after 'trust', insert 'or community trust'.
Mr David Hinchliffe
Mr Frank Dobson
Angela Eagle
Dr Desmond Turner
Helen Jones
Mr George Mudie
| Lynne Jones | Mr Mark Fisher | Mr Doug Henderson |
| Jim Dobbin | Mr Gerry Steinberg | Mr George Stevenson |
| Mr Harold Best | Mr Gordon Prentice | Alice Mahon |
| Clive Efford | John Austin | Dr Rudi Vis
|
202
Page 13, line 7, leave out Clause 35.
Mr Jon Owen Jones
91
Page 13, line 10 [Clause 35], at end insert—
'"the appropriate Minister" means—
| (a) | in relation to England, the Secretary of State; and |
| (b) | in relation to Wales, the Assembly, |
"the Assembly" means the National Assembly for Wales,'.
Mr Secretary Reid
357
*Page 13, line 11 [Clause 35], at end insert 'or (Mergers)'.
Mr Jon Owen Jones
92
Page 13, line 13 [Clause 35], leave out 'or a Primary Care Trust' and insert ', a Primary Care Trust or a Local Health Board'.
Mr Frank Field
John Cryer
320
Page 13, line 14 [Clause 35], at end insert—
'"parliamentary constituency" has the meaning given in section 1 of the Parliamentary Constituencies Act 1986 (c. 56) (parliamentary constituencies); "the pilot test period" means the period that—
| (a) | begins with the day on which the first order is made under section 184 which brings into force a provision of this Part, and |
| (b) | ends three years after the day referred to in paragraph (a);'. |
NEW CLAUSES RELATING TO PART 1
Audit
Mr Secretary Reid
NC25
To move the following Clause:—
'Schedule (Audit of accounts of NHS foundation trusts) (which makes provision in relation to the audit of the accounts of NHS foundation trusts) has effect.'.
Mergers
Mr Secretary Reid
NC36
*To move the following Clause:—
'(1) An application may be made jointly by—
| (a) | an NHS foundation trust, and |
| (b) | another NHS foundation trust or an NHS trust, |
to the regulator for authorisation of the dissolution of the trusts and the transfer of some or all of their property and liabilities to a new NHS foundation trust established under this section.
(2) The application must—
| (a) | be supported by the Secretary of State if one of the parties to it is an NHS trust, |
| (b) | specify the property and liabilities proposed to be transferred to the new NHS foundation trust, |
| (c) | describe the goods and services which it is proposed should be provided by the new trust, and |
| (d) | be accompanied by a copy of the proposed constitution of the new trust; |
and must give any further information which the regulator requires the applicants to give.
(3) The applicants may modify the application with the agreement of the regulator at any time before authorisation is given under this section.
(4) The regulator may—
| (a) | issue a certificate incorporating the directors of the applicants as a public benefit corporation, and |
| (b) | give an authorisation under this section to the corporation to become an NHS foundation trust, |
if he is satisfied as to the following matters.
(5) The matters are that—
| (a) | the constitution of the new trust will be in accordance with Schedule 1 and will otherwise be appropriate, |
| (b) | taken as a whole the actual membership of the public constituency of the new trust will be representative of those eligible for such membership, |
| (c) | the new trust will be able to provide the goods and services which the authorisation is to require it to provide, and |
| (d) | any other requirements which he considers appropriate are met. |
(6) If regulations require the applicants to consult prescribed persons about the application, the regulator may not give an authorisation under this section unless he is satisfied that the applicants have complied with the regulations.
(7) The certificate is conclusive evidence of incorporation; and the authorisation is conclusive evidence that the corporation is an NHS foundation trust.
(8) On an authorisation being given under this section, the proposed constitution of the NHS foundation trust has effect, but the directors of the applicants may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.'.
Section (Mergers): supplementary
Mr Secretary Reid
NC37
*To move the following Clause:—
'(1) Where an authorisation is given under section (Mergers), the regulator is to specify the property and liabilities to be transferred to the new NHS foundation trust.
(2) Where such an authorisation is given, the Secretary of State is to make an order—
| (a) | dissolving the trusts in question, and |
| (b) | transferring, or providing for the transfer of, the property and liabilities specified by the regulator to the new NHS foundation trust. |
(3) The order may—
| (a) | transfer, or provide for the transfer of, any of the remaining property or liabilities to the persons mentioned in section 25(3), |
| (b) | include provisions corresponding to those of Schedule 3. |
(4) Where an NHS foundation trust is dissolved under this section, the regulator must give notice of the dissolution to the registrar of companies.
(5) Where one of the parties to an application under section (Mergers) is an NHS trust, the powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990 Act are not exercisable in relation to the trust.
(6) Subsections (3) and (5) of section 6 apply to an authorisation under section (Mergers) as they do in relation to an authorisation under that section.'.
Review of democratically accountable governance
Dr Liam Fox
Mr Simon Burns
Chris Grayling
Mrs Cheryl Gillan
NC1
To move the following Clause:—
'(1) It shall be the duty of the Secretary of State to establish an independent review body to carry out the functions specified in subsections (4) to (6).
(2) The Secretary of State shall appoint at least nine members to the independent review body.
(3) The independent review body shall elect a Chairman from amongst its members.
(4) The independent review body shall prepare reports containing proposals relating to the establishment of a local, democratically accountable system of governance for NHS foundation trusts and Primary Care Trusts.
(5) The independent review body may in particular make proposals in accordance with the provisions of subsection (4) relating to—
| (a) | methods of securing wider public participation in the governance of NHS foundation trusts and Primary Care Trusts; |
| (b) | methods of increasing public awareness and access to information about the governance of NHS foundation trusts and Primary Care Trusts; and |
| (c) | the membership of public benefit corporations. |
(6) The independent review body must—
| (a) | lay a copy of any report prepared in accordance with the provisions of this section before Parliament, and |
| (b) | once they have done so, send a copy of it to— |
| (i) | the Secretary of State, and |
Foundation patients' fora
Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton
NC9
To move the following Clause:—
'(1) The Secretary of State shall establish a body to be known as a Foundation Patients' Forum—
| (a) | for each NHS Trust which has made an application under section 4(2); |
| (b) | for each person who has been incorporated as a public benefit corporation under section 5(5). |
(2) The members of the Foundation Patients' Forum are to be appointed by the Commission for Patient and Public Involvement in Health.
(3) Once the Foundation Patients' Forum has been established, it may do anything (including the things mentioned in subsection (4) below) which appears to it to be necessary or desirable for the purpose of preparing for effective patient and public involvement in the NHS Trust or public benefit corporation once it becomes a Foundation Trust.
(4) A Foundation Patients' Forum must—
| (a) | monitor and review the range and operation of services provided by, or under arrangements made by, the trust for which it is established, |
| (b) | obtain the views of patients' and their carers about those matters and report on those views to the trust, |
| (c) | provide advice, and make reports and recommendations, about matters relating to the range and operation of those services to the trust, |
| (d) | make available to patients and their carers advice and information about those services, |
| (e) | in prescribed circumstances, perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers, |
| (f) | carry out such other functions as may be prescribed. |
(5) In providing advice or making recommendations under subsection (4)(c), a Foundation Patients' Forum must have regard to the views of patients and their carers.
(6) If, in the course of exercising its functions, a Foundation Patients' Forum becomes aware of any matter which in its view—
| (a) | should be considered by a relevant overview and scrutiny committee, the Forum may refer that matter to the committee, |
| (b) | should be brought to the attention of the Commission for Patient and Public Involvement in Health, it may refer that matter to the Commission. |
(7) Subsection (6) does not prejudice the power of a Foundation Patients' Forum to make such other representations or referrals as it thinks fit, to such persons or bodies as it thinks fit about matters arising in the course of its exercising its functions.
(8) An NHS Trust or public benefit corporation exercising its powers under sections 4(4)(b) or 5(7)(b) as the case may be shall be obliged to have regard to and take account of the reports and recommendations of the Foundation Patients' Forum.
(9) The governors and non-executive directors of the Foundation Trust shall be obliged to respond in writing to the reports and recommendations of the Foundation Patients' Forum.
(10) All the members, governors and directors of a Foundation Trust shall be obliged to have regard to and take account of the reports and recommendations of the Foundation Patients' Forum in exercising their functions within the Foundation Trust.
(11) The terms in this section shall be construed in accordance with the provisions of section 15(8) and (9) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).'.
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