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HEALTH AND SOCIAL CARE (COMMUNITY HEALTH |
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[The page and line references are to HL Bill 94 as first printed for the Lords.] |
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1 | |
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2 | Page 1, line 11, leave out “an officer” and insert “a body corporate” |
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3 | Page 1, line 13, leave out subsection (2) |
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4 | Leave out Clause 3 and insert the following new Clause— |
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| “General duty of the regulator |
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| The regulator must exercise its funtions in a manner that— |
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| (a) | is consistent with the performance by the Secretary of State of the |
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| duties under sections 1, 3 and 51 of the National Health Service Act |
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| 1977 (c. 49) (duty as to health service and services generally and as |
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| to university clinical teaching and research), and |
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| (b) | has regard to the impact of an NHS foundation trust on the local |
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5 | Insert the following new Clause— |
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| The Secretary of State may provide in regulations that decisions of the |
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| regulator are to be subject to specified appeal or review mechanisms.” |
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6 | Page 2, line 22, leave out “17” and insert “17A” |
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7 | Page 2, line 23, leave out from first “of” to end of line 24 and insert “establishing |
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| the initial membership of the NHS foundation trust and of the board of governors, |
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| and the initial directors, and enabling the board of governors and board of |
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| directors to make preparations for the performance of their functions” |
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8 | Page 3, line 7, leave out “he” and insert “the regulator” |
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9 | Page 3, line 24, leave out “he” and insert “the regulator” |
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10 | Page 3, line 28, leave out from beginning to “will” in line 29 and insert “the |
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| applicant has taken steps to secure that (taken as a whole) the actual membership |
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| of any public constituency, and (if there is one) of the patients’ constituency” |
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11 | Page 3, line 37, leave out “he” and insert “the regulator” |
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12 | Page 3, line 37, at end insert— |
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| “( ) | In deciding whether it is satisfied as to the matters referred to in subsection |
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| (2)(e), the regulator is to consider (among other things)— |
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| (a) | any report or recommendation in respect of the applicant made by |
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| the Commission for Healthcare Audit and Inspection, |
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| (b) | the financial position of the applicant.” |
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13 | Page 3, line 39, at end insert— |
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| “( ) | The regulator must not give an authorisation unless it is satisfied that the |
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| applicant has sought the views about the application of the following— |
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| (a) | if the applicant is an NHS trust, the Patients’ Forum for the trust |
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| and the staff employed by the trust, |
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| (b) | individuals who live in any area specified in the proposed |
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| constitution as the area for a public constituency, |
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| (c) | any local authority that would be authorised by the proposed |
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| constitution to appoint a member of the board of governors, |
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| (d) | if the proposed constitution provides for a patients’ constituency, |
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| individuals who would be able apply to become members of that |
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| (e) | any persons prescribed by regulations.” |
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14 | Page 3, line 40, leave out from “regulations” to “the” in line 41 and insert “make |
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| provision about consultation” |
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15 | Page 3, line 41, leave out “he” and insert “it” |
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16 | Page 3, line 43, leave out subsection (5) |
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17 | Page 4, line 14, at end insert— |
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| “( ) | The validity of any act of an NHS foundation trust is not affected by any |
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| vacancy among the directors or by any defect in the appointment of any |
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| |
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18 | Page 4, line 22, leave out subsection (2) |
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19 | Page 4, line 28, leave out “him” and insert “it” |
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20 | Page 4, line 31, leave out “him” and insert “it” |
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21 | Page 4, line 35, leave out subsection (3) |
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22 | Page 4, line 38, leave out “registrar of companies” and insert “regulator” |
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23 | Page 5, line 5, at end insert— |
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| “( ) | a copy of the latest document sent to the regulator under paragraph |
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| 25 of Schedule 1 (forward planning)” |
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24 | Page 5, line 12, at end insert— |
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| “( ) | Members of the public may inspect the register at any reasonable time. |
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| ( ) | Any person who requests it is to be provided with a copy of or extract from |
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| any document contained in the register on payment of a reasonable |
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25 | Page 5, line 13, leave out subsections (4) and (5) |
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26 | Page 5, line 33, at end insert— |
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| “( ) | In making the code the regulator shall ensure that the economic effect of all |
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| commitments to make payments over periods exceeding one year is taken |
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27 | Page 7, line 2, at end insert— |
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| | “and, in deciding how to exercise its functions under this subsection in a |
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| case where any of the corporation’s hospitals includes a medical or dental |
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| school provided by a university, the regulator is to have regard to the need |
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| to establish and maintain appropriate arrangements with the university.” |
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28 | Page 7, line 27, leave out subsections (2) and (3) |
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29 | Page 7, line 38, at end insert— |
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| “( ) | Every NHS foundation trust shall publish a statement of its total income |
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| and expenditure relating to the goods and services referred to in subsection |
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| (4) in each financial year.” |
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30 | Page 8, line 3, leave out “he” and insert “it” |
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31 | Page 8, line 6, at end insert “or |
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| “( ) | for the purpose of doing anything which the trust is required to do |
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32 | Page 8, line 7, leave out “he” and insert “it” |
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33 | Page 9, line 4, leave out “to him which he” and insert “which the regulator” |
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34 | Page 9, line 4, leave out “his” and insert “its” |
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35 | Page 10, line 4, leave out “he” and insert “the regulator” |
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36 | Page 10, line 6, leave out “He” and insert “The regulator” |
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37 | Page 10, line 7, leave out “he” and insert “the regulator” |
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38 | Page 10, line 19, leave out “he” and insert “it” |
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39 | Page 10, line 24, after “arrangements)” insert “including any related provision of |
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40 | Page 11, line 13, leave out subsection (1) |
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41 | Page 11, line 14, at beginning insert “In sections 24 and 25” |
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42 | Page 11, line 15, leave out subsections (3) and (4) |
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43 | Page 11, line 19, at end insert “under section 24(2)” |
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44 | Page 11, line 25, at end insert— |
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| “(6) | The power conferred by section 25(3) is to be exercised with a view to |
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| securing the provision of the goods and services which the authorisation |
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| requires the trust to provide. |
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| (7) | That power is also to be exercised (together, if required, with the power |
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| conferred by section 11(2)) with a view to securing that any transfer of |
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| property in pursuance of the power does not result in a net loss of value to |
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| the trust; and the question whether a transfer would result in a net loss of |
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| value is to be determined in accordance with regulations. |
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| (8) | The Insolvency Act 1986 may not be modified under section 25(6) so as to |
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| alter the priority of debts or the ranking of debts between themselves.” |
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45 | Page 12, line 12, leave out “he” and insert “the regulator” |
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46 | Page 12, line 16, leave out from beginning to “will” in line 17 and insert “the |
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| applicant has taken steps to secure that (taken as a whole) the actual membership |
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| of any public constituency, and (if there is one) of the patients’ constituency” |
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47 | Page 12, line 21, leave out “he” and insert “the regulator” |
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48 | Page 12, line 21, at end insert— |
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| “( ) | In deciding whether it is satisfied as to the matters referred to in subsection |
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| (5)(c), the regulator is to consider (among other things)— |
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| (a) | any report or recommendation in respect of either of the applicants |
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| made by the Commission for Healthcare Audit and Inspection, |
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| (b) | the financial position of the applicants.” |
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49 | Page 12, line 22, leave out from beginning to “the” in line 23 and insert— |
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| “( ) | The applicants must consult about the application in accordance with |
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| ( ) | In the course of the consultation the applicants must seek the views of — |
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| (a) | any Patients’ Forum for an applicant, |
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| (b) | the staff employed by the applicants, |
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| (c) | individuals who live in any area specified in the proposed |
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| constitution as the area for a public constituency, |
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| (d) | any local authority that would be authorised by the proposed |
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| constitution to appoint a member of the board of governors, |
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| (e) | if the proposed constitution provides for a patients’ constituency, |
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| individuals who would be able apply to become members of that |
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| (f) | any persons prescribed by regulations. |
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50 | Page 12, line 24, leave out “he” and insert “it” |
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51 | Page 12, line 43, leave out subsection (4) |
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52 | Page 13, line 19, leave out subsection (2) and insert— |
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| “(2) | In section 15 (establishment of patients’ forums)— |
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| (a) | in subsection (1), after paragraph (b) there is inserted “and |
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