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Limits on private provision by NHS foundation trusts
Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton
NC11
To move the following Clause:—
'(1) An authorisation must state that no services be provided to a patient, other than an NHS patient, by an NHS foundation trust, other than in circumstances prescribed by subsection (2).
(2) These circumstances are that a certificate issued by the lead clinician in that specialty states that the services so provided are not needed by an NHS patient with equal or greater clinical need.'.
Community Health Councils and NHS foundation trusts in Wales
Mr Jon Owen Jones
NC18
To move the following Clause:—
'(1) Schedule 7A of the 1977 Act is amended as follows.
(2) In paragraph 2 (general provisions)—
| (a) | in sub-paragraph (f), for "and NHS trusts" there is substituted ", NHS trusts and NHS foundation trusts"; |
| (b) | in sub-paragraph (g), for "and NHS trusts" there is substituted ", NHS trusts and NHS foundation trusts"; |
| (c) | in sub-paragraph (j), for "and NHS trusts" there is substituted ", NHS trusts and NHS foundation trusts"; |
| (d) | in sub-paragraph (k), for "or NHS trusts" there is substituted ", NHS trusts or NHS foundation trusts". |
(3) In paragraph 3 (entry and inspection of premises), in sub-paragraph (1), after sub-sub-paragraph (f) there is inserted—
"(fa) NHS foundation trusts;".
NHS community trusts
Mr Andrew Lansley
NC19
To move the following Clause:—
'(1) An NHS community trust is a public benefit organisation which is authorised to commission goods and services for the purposes of the health service in England.
(2) A public benefit organisation is a body corporate which, in pursuance of an application, is constituted in accordance with Schedule [constitution of public benefit organisations].'.
Applications by Primary Care Trusts
Mr Andrew Lansley
NC20
To move the following Clause:—
'(1) A Primary Care Trust may make an application to the regulator for authorisation to become an NHS community trust if the application is supported by the Secretary of State.
(2) The application must—
| (a) | describe the goods and services which the applicants propose should be commissioned by the NHS community trust, |
| (b) | describe the goods and services which the applicants propose should be provided by the NHS community trust, and |
| (c) | be accompanied by a copy of the proposed constitution of the trust; |
and must give any further information which the regulator requires the Primary Care Trust to give.
(3) The applicant may modify the application with the agreement of the regulator at any time before authorisation is given under section [authorisation of NHS community trusts].
(4) Once a Primary Care Trust has made the application—
| (a) | the provisions of the proposed constitution which give effect to paragraphs 3 to 16 of Schedule [constitution of public benefit organisations] have effect, but only for the purpose of electing a shadow board of governors and appointing a shadow board of directors, |
| (b) | the Primary Care Trust may do anything (including the things mentioned in paragraph 16 of Schedule 2 to the National Health Service and Community Care Act 1990 (c.19) (general powers)) which appears to it to be necessary or desirable for the purpose of preparing it for NHS community trust status.'. |
Authorisation of NHS community trusts
Mr Andrew Lansley
NC21
To move the following Clause:—
'(1) The regulator may give an authorisation under this section to a Primary Care Trust which has applied under section [applications by Primary Care Trusts] if he is satisfied as to the matters specified in subsection (2).
(2) The matters are that—
| (a) | the applicant's constitution will be in accordance with Schedule [constitution of public benefit organisations] and will otherwise be appropriate, |
| (b) | there will be a board of governors, and a board of directors, constituted in accordance with the constitution, |
| (c) | the steps necessary to prepare for NHS community trust status have been taken, |
| (d) | the applicant will be able to commission or the goods and services or to provide the goods and services which the authorisation is to require it to commission or to provide, and |
| (e) | any other requirements which he considers appropriate are met. |
(3) Subject to the provisions of subsection (4), the authorisation may be given on any terms the regulator considers appropriate.
(4) An authorisation must authorise the NHS community trust to commission goods and services for the purposes of the health service in England.
(5) If regulations require the applicant to consult prescribed persons about the application, the regulator may not give an authorisation unless he is satisfied that the applicant has complied with the regulations.'.
Representative membership
Mr Adrian Bailey
NC24
To move the following Clause:—
'An authorisation may require an NHS foundation trust to take steps to secure that (taken as a whole) the actual membership of its public constituency is representative of those eligible for such membership.'.
Extension of provisions of Part 1 following pilot tests
Mr Frank Field
John Cryer
NC34
To move the following Clause:—
'(1) Within three months of the conclusion of the pilot test period—
| (a) | the Secretary of State, |
| (d) | the Comptroller and Auditor General |
shall lay before each House of Parliament a report on the operation of the provisions of Part 1 of this Act during the pilot test period.
(2) After all of the reports under subsection (1) have been laid before Parliament, the Secretary of State may by order—
| (a) | amend the provisions of Part 1 so as to extend the application to other NHS trusts and Primary Care Trusts, and |
| (b) | make such other amendments of Part 1 as arise from the reports. |
(3) No order may be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.
Public consultation relating to applications for foundation status
Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton
NC39
*To move the following Clause:—
'(1) The Secretary of State shall—
| (a) | by regulations require that an NHS Trust proposing to make an application under section 4(1) or any person proposing to apply under section 5(1), shall first consult prescribed persons, and |
| (b) | by regulations prescribe persons to be consulted which shall include the Patients Forums for the NHS Trusts and Primary Care Trusts in the area in which are resident all or any of the persons to whom the applicant NHS Trust has provided goods or services for the purposes of healthcare or to whom the applicant person (as the case may be) intends to provide such services if its application is successful. |
(2) In section 7(3) of the Health and Social Care Act 2001 (functions of Overview and Scrutiny Committees)—
| (a) | at the beginning of subsection (3) (matters to be covered by regulations) for "may" there is substituted "shall"; |
| (b) | at the end of subsection (3)(b) there is inserted "which shall include all matters prescribed under subsection 7(3)(c) below,"; |
| (c) | at the end of subsection (3)(c) there is inserted "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003".'. |
NEW SCHEDULES RELATING TO PART 1
Mr Secretary Reid
NS2
To move the following Schedule:—
'Audit of accounts of NHS foundation trusts
| 1 | | In auditing the accounts of any NHS foundation trust an auditor must by examination of the accounts and otherwise satisfy himself— |
(a) that they are prepared in accordance with directions under paragraph 21 of Schedule 1,
(b) that they comply with the requirements of all other provisions contained in, or having effect under, any enactment which are applicable to the accounts,
(c) that proper practices have been observed in the compilation of the accounts, and
(d) that the trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
| 2 | (1) | An auditor of an NHS foundation trust has a right of access at all reasonable times to every document relating to the trust which appears to him necessary for the purposes of his functions under Part 1. |
(a) require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary for the purposes of his functions under Part 1,
(b) if he thinks it necessary, require the person to attend before him in person to give the information or explanation or to produce the document.
| (3) | The auditor may also— |
(a) require any director or officer of the trust to give him such information or explanation as he thinks necessary for the purposes of his functions under Part 1,
(b) if he thinks it necessary, require the director or officer to attend before him in person to give the information or explanation.
| (4) | The trust must provide the auditor with every facility and all information which he may reasonably require for the purposes of his functions under Part 1. |
This paragraph does not affect the generality of sub-paragraphs (1) to (3).
| (5) | A person who without reasonable excuse fails to comply with any requirement of an auditor of an NHS foundation trust under any of sub-paragraphs (1) to (3) is guilty of an offence. |
| (6) | A person guilty of an offence under sub-paragraph (5) is liable on summary conviction— |
(a) to a fine not exceeding level 3 on the standard scale, and
(b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for the offence.
| (7) | Any expenses incurred by an auditor of an NHS foundation trust in connection with proceedings for an offence under sub-paragraph (6) alleged to have been committed in relation to the audit of the accounts of the trust, so far as not recovered from any other source, are recoverable from the trust. |
| 3 | | In auditing the accounts of an NHS foundation trust, the auditor must consider— |
(a) whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit, in order for it to be considered by the trust or brought to the attention of the public, and
(b) whether the public interest requires any such matter to be made the subject of an immediate report rather than of a report to be made at the conclusion of the audit.
| 4 | (1) | When an auditor of an NHS foundation trust has concluded his audit of the trust's accounts, he must enter on the accounts— |
(a) a certificate that he has completed the audit in accordance with Part 1, and
(b) his opinion on the accounts.
| (2) | But where the auditor makes a report to the trust under paragraph 3 at the conclusion of the audit, he may instead include the certificate and his opinion in that report. |
| 5 | (1) | Any report under paragraph 3 must be sent by the auditor to the trust and the regulator— |
(a) at once if it is an immediate report,
(b) otherwise not later than 14 days after conclusion of the audit.
| (2) | The trust must take the report into consideration as soon as practicable after receiving it. |
| 6 | | If the auditor of an NHS foundation trust has reason to believe that the trust or a director or officer of the trust— |
(a) is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful, or
(b) is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,
he must refer the matter at once to the regulator.
| 7 | (1) | Where a director or officer of an NHS foundation trust receives money or other property— |
(a) on behalf of the trust, or
(b) for which he ought to account to the trust,
the accounts of the director or officer are to be audited by the auditor of the accounts of the trust.
| (2) | The accounts of the director or officer are to be made up to 31st March. |
| (3) | Paragraph 20(4) of Schedule 1 and paragraphs 1 to 5 of this Schedule apply with the necessary modifications to the audit under this paragraph. |
| 8 | (1) | No information relating to an NHS foundation trust or other person and obtained by an auditor (or by a person acting on the auditor's behalf) under Part 1 or in the course of an audit under that Part is to be disclosed except— |
(a) with the consent of the person to whom the information relates,
(b) for the purposes of any functions of an auditor of an NHS foundation trust,
(c) for the purposes of the functions of the regulator,
(d) for the purposes of the functions of the Comptroller and Auditor General under Part 1,
(e) for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Part 2,
(f) for the purposes of any criminal proceedings.
| (2) | A person who discloses information in contravention of sub-paragraph (1) is guilty of an offence. |
| (3) | A person guilty of an offence under sub-paragraph (2) is liable— |
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or to both),
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or to both).'.
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