(1-5)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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 184 53/2

(  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