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LORDS AMENDMENTs TO THE

HEALTH AND SOCIAL CARE (COMMUNITY HEALTH

AND STANDARDS) BILL

[The page and line references are to HL Bill 94 as first printed for the Lords.]

Clause 1

1

Leave out Clause 1

Clause 2

2

Page 1, line 11, leave out “an officer” and insert “a body corporate”

3

Page 1, line 13, leave out subsection (2)

Clause 3

4

Leave out Clause 3 and insert the following new Clause—

 

“General duty of the regulator

 

The regulator must exercise its funtions in a manner that—

 

(a)   

is consistent with the performance by the Secretary of State of the

 

duties under sections 1, 3 and 51 of the National Health Service Act

 

1977 (c. 49) (duty as to health service and services generally and as

 

to university clinical teaching and research), and

 

(b)   

has regard to the impact of an NHS foundation trust on the local

 

health economy.”

After Clause 3

5

Insert the following new Clause—

 

“Appeals

 

The Secretary of State may provide in regulations that decisions of the

 

regulator are to be subject to specified appeal or review mechanisms.”

 
Bill 18453/2

 

(  2  )

 

Clause 4

6

Page 2, line 22, leave out “17” and insert “17A”

7

Page 2, line 23, leave out from first “of” to end of line 24 and insert “establishing

 

the initial membership of the NHS foundation trust and of the board of governors,

 

and the initial directors, and enabling the board of governors and board of

 

directors to make preparations for the performance of their functions”

Clause 5

8

Page 3, line 7, leave out “he” and insert “the regulator”

Clause 6

9

Page 3, line 24, leave out “he” and insert “the regulator”

10

Page 3, line 28, leave out from beginning to “will” in line 29 and insert “the

 

applicant has taken steps to secure that (taken as a whole) the actual membership

 

of any public constituency, and (if there is one) of the patients’ constituency”

11

Page 3, line 37, leave out “he” and insert “the regulator”

12

Page 3, line 37, at end insert—

 

“( )   

In deciding whether it is satisfied as to the matters referred to in subsection

 

(2)(e), the regulator is to consider (among other things)—

 

(a)   

any report or recommendation in respect of the applicant made by

 

the Commission for Healthcare Audit and Inspection,

 

(b)   

the financial position of the applicant.”

13

Page 3, line 39, at end insert—

 

“( )   

The regulator must not give an authorisation unless it is satisfied that the

 

applicant has sought the views about the application of the following—

 

(a)   

if the applicant is an NHS trust, the Patients’ Forum for the trust

 

and the staff employed by the trust,

 

(b)   

individuals who live in any area specified in the proposed

 

constitution as the area for a public constituency,

 

(c)   

any local authority that would be authorised by the proposed

 

constitution to appoint a member of the board of governors,

 

(d)   

if the proposed constitution provides for a patients’ constituency,

 

individuals who would be able apply to become members of that

 

constituency,

 

(e)   

any persons prescribed by regulations.”

14

Page 3, line 40, leave out from “regulations” to “the” in line 41 and insert “make

 

provision about consultation”

15

Page 3, line 41, leave out “he” and insert “it”

16

Page 3, line 43, leave out subsection (5)

Clause 7

17

Page 4, line 14, at end insert—


 

(  3  )

 
 

“( )   

The validity of any act of an NHS foundation trust is not affected by any

 

vacancy among the directors or by any defect in the appointment of any

 

director.”

Clause 8

18

Page 4, line 22, leave out subsection (2)

Clause 9

19

Page 4, line 28, leave out “him” and insert “it”

20

Page 4, line 31, leave out “him” and insert “it”

21

Page 4, line 35, leave out subsection (3)

Clause 10

22

Page 4, line 38, leave out “registrar of companies” and insert “regulator”

23

Page 5, line 5, at end insert—

 

“( )   

a copy of the latest document sent to the regulator under paragraph

 

25 of Schedule 1 (forward planning)”

24

Page 5, line 12, at end insert—

 

“( )   

Members of the public may inspect the register at any reasonable time.

 

( )   

Any person who requests it is to be provided with a copy of or extract from

 

any document contained in the register on payment of a reasonable

 

charge.”

25

Page 5, line 13, leave out subsections (4) and (5)

Clause 12

26

Page 5, line 33, at end insert—

 

“( )   

In making the code the regulator shall ensure that the economic effect of all

 

commitments to make payments over periods exceeding one year is taken

 

into account.”

Clause 14

27

Page 7, line 2, at end insert—

 

   

“and, in deciding how to exercise its functions under this subsection in a

 

case where any of the corporation’s hospitals includes a medical or dental

 

school provided by a university, the regulator is to have regard to the need

 

to establish and maintain appropriate arrangements with the university.”

Clause 15

28

Page 7, line 27, leave out subsections (2) and (3)

29

Page 7, line 38, at end insert—


 

(  4  )

 
 

“( )   

Every NHS foundation trust shall publish a statement of its total income

 

and expenditure relating to the goods and services referred to in subsection

 

(4) in each financial year.”

Clause 16

30

Page 8, line 3, leave out “he” and insert “it”

31

Page 8, line 6, at end insert “or

 

“( )   

for the purpose of doing anything which the trust is required to do

 

under section 14(6)”

32

Page 8, line 7, leave out “he” and insert “it”

Clause 19

33

Page 9, line 4, leave out “to him which he” and insert “which the regulator”

34

Page 9, line 4, leave out “his” and insert “its”

Clause 23

35

Page 10, line 4, leave out “he” and insert “the regulator”

36

Page 10, line 6, leave out “He” and insert “The regulator”

37

Page 10, line 7, leave out “he” and insert “the regulator”

Clause 24

38

Page 10, line 19, leave out “he” and insert “it”

39

Page 10, line 24, after “arrangements)” insert “including any related provision of

 

that Act”

Clause 26

40

Page 11, line 13, leave out subsection (1)

41

Page 11, line 14, at beginning insert “In sections 24 and 25

42

Page 11, line 15, leave out subsections (3) and (4)

43

Page 11, line 19, at end insert “under section 24(2)”

44

Page 11, line 25, at end insert—

 

“(6)   

The power conferred by section 25(3) is to be exercised with a view to

 

securing the provision of the goods and services which the authorisation

 

requires the trust to provide.

 

(7)   

That power is also to be exercised (together, if required, with the power

 

conferred by section 11(2)) with a view to securing that any transfer of

 

property in pursuance of the power does not result in a net loss of value to


 

(  5  )

 
 

the trust; and the question whether a transfer would result in a net loss of

 

value is to be determined in accordance with regulations.

 

(8)   

The Insolvency Act 1986 may not be modified under section 25(6) so as to

 

alter the priority of debts or the ranking of debts between themselves.”

Clause 27

45

Page 12, line 12, leave out “he” and insert “the regulator”

46

Page 12, line 16, leave out from beginning to “will” in line 17 and insert “the

 

applicant has taken steps to secure that (taken as a whole) the actual membership

 

of any public constituency, and (if there is one) of the patients’ constituency”

47

Page 12, line 21, leave out “he” and insert “the regulator”

48

Page 12, line 21, at end insert—

 

“( )   

In deciding whether it is satisfied as to the matters referred to in subsection

 

(5)(c), the regulator is to consider (among other things)—

 

(a)   

any report or recommendation in respect of either of the applicants

 

made by the Commission for Healthcare Audit and Inspection,

 

(b)   

the financial position of the applicants.”

49

Page 12, line 22, leave out from beginning to “the” in line 23 and insert—

 

“( )   

The applicants must consult about the application in accordance with

 

regulations.

 

( )   

In the course of the consultation the applicants must seek the views of —

 

(a)   

any Patients’ Forum for an applicant,

 

(b)   

the staff employed by the applicants,

 

(c)   

individuals who live in any area specified in the proposed

 

constitution as the area for a public constituency,

 

(d)   

any local authority that would be authorised by the proposed

 

constitution to appoint a member of the board of governors,

 

(e)   

if the proposed constitution provides for a patients’ constituency,

 

individuals who would be able apply to become members of that

 

constituency,

 

(f)   

any persons prescribed by regulations.

 

( )”

50

Page 12, line 24, leave out “he” and insert “it”

Clause 28

51

Page 12, line 43, leave out subsection (4)

Clause 31

52

Page 13, line 19, leave out subsection (2) and insert—

 

“(2)   

In section 15 (establishment of patients’ forums)—

 

(a)   

in subsection (1), after paragraph (b) there is inserted “and


 
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Revised 19 November 2003