Vote Bundle Text (930708-05)

Amendments proposed to the Health and Social Care (Community Health and Standards) Bill, As Amended - continued	House of Commons

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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

(ii)	the regulator.'.

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).'.

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
Mark Tami
Paul Flynn
Mr Chris Bryant
Mr Huw Edwards
Mrs Jackie Lawrence

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.'.