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(  18  )

 
 

        

“Isles of Scilly

 

The Secretary of State may by order provide that this Act, in its application

 

to the Isles of Scilly, is to have effect with such modifications as may be

 

specified in the order.”

Clause 194

158

Page 106, line 1, leave out “sections 54 and 57” and insert “sections 57 and (Co-

operation between CHAI and the regulator)

159

Page 106, line 3, leave out “and 137” and insert “137 and (Code of practice: CSCI)

160

Page 106, line 10, after “115,” insert “section 143 and”

Schedule 1

161

Leave out Schedule 1

Schedule 2

162

Page 113, line 22, leave out from beginning to end of line 31 and insert—

 

Membership

 

      (1)  

The regulator is to consist of a number of members (but not more than 5)

 

appointed by the Secretary of State.

 

      (2)  

One of the members is to be appointed as chairman and another as

 

deputy chairman.

 

      (3)  

The deputy chairman need not be appointed before the end of the period

 

of six months beginning with the establishment of the regulator.

 

Tenure of office

 

      (1)  

A person is to hold and vacate office as a member in accordance with the

 

terms of his appointment.

 

      (2)  

But—

 

(a)   

he may at any time resign his office by giving notice to the

 

Secretary of State,

 

(b)   

the Secretary of State may at any time remove him from office on

 

the ground of incapacity or misbehaviour.

 

      (3)  

A person is not to be appointed as a member for a period of more than

 

four years.

 

      (4)  

A person who ceases to be a member is eligible for re-appointment.”

163

Page 113, line 33, leave out from “The” to end and insert “regulator is to pay the

 

chairman”

164

Page 113, line 36, at end insert—

 

“( )       

The regulator is to pay to the members (other than the chairman) such

 

travelling and other allowances as the Secretary of State may determine.”

165

Page 113, line 37, leave out “regulator” and insert “chairman”

166

Page 113, line 38, leave out second “Secretary of State” and insert “regulator”


 

(  19  )

167

Page 114, line 7, leave out “appoint” and insert “employ”

168

Page 114, line 9, leave out sub-paragraph (2)

169

Page 114, line 14, leave out “a participant in” and insert “an active or deferred

 

member of”

170

Page 114, line 16, leave out “regulator” and insert “chairman”

171

Page 114, line 18, leave out “regulator” and insert “chairman”

172

Page 114, line 19, leave out “was a participant” and insert “is a member”

173

Page 114, line 21, at end insert—

 

“(4A)      

Employment with the regulator is to be included among the kinds of

 

employment to which a scheme under section 1 of the Superannuation

 

Act 1972 (c. 11) can apply; and accordingly in Schedule 1 to that Act (in

 

which those kinds of employment are listed), at the end of the list of

 

Other Bodies there is inserted—

 

         

“The Independent Regulator of NHS Foundation Trusts”.

 

(4B)       

The regulator must pay to the Minister for the Civil Service, at such times

 

as the Minister may direct, such sums as he may determine in respect of

 

any increase attributable to sub-paragraph (4) or (4A) in the sums

 

payable out of money provided by Parliament under the

 

Superannuation Act 1972 (c. 11).”

174

Page 114, line 21, at end insert—

 

“Procedure

 

      (1)  

The regulator may regulate its own procedure and make any

 

arrangements it considers appropriate for the discharge of its functions.

 

      (2)  

The validity of any act of the regulator is not affected by any vacancy

 

among the members or by any defect in the appointment of any

 

member.”

175

Page 114, line 24, leave out “a member of his staff” and insert—

 

“(a)   

the chairman or deputy chairman or any committee,

 

(b)   

any member of the staff,”

176

Page 114, line 25, at end insert—

 

“General powers

 

      (1)  

The regulator may do anything which appears to it to be necessary or

 

desirable for the purposes of or in connection with the exercise of its

 

functions.

 

      (2)  

That includes in particular—

 

(a)   

acquiring and disposing of property,

 

(b)   

entering into contracts,

 

(c)   

accepting gifts of property,

 

           

and co-operating with other public authorities.


 

(  20  )

 
 

Specific powers

 

      (1)  

The regulator may with the consent of the Secretary of State borrow

 

money temporarily by way of overdraft, but may not otherwise borrow

 

money.

 

      (2)  

The regulator may conduct, commission or assist the conduct of

 

research.”

177

Page 114, line 31, leave out “he” and insert “it”

178

Page 114, line 31, leave out “his” and insert “its”

179

Page 114, line 35, leave out “he” and insert “it”

180

Page 114, line 35, at end insert—

 

     “( )  

The regulator must in respect of each financial year prepare a report

 

which provides an overall summary of the accounts of NHS foundation

 

trusts.

 

      ( )  

The report must be prepared as soon as possible after the regulator has

 

received the accounts of all NHS foundation trusts for the relevant

 

financial year.

 

      ( )  

The regulator must—

 

(a)   

lay a copy of the report before Parliament, and

 

(b)   

once it has done so, send a copy of it to the Secretary of State.”

181

Page 114, line 38, at end insert—

 

“6A  (1)   

The regulator must keep accounts in such form as the Secretary of State

 

may direct.

 

      (2)  

The regulator must prepare in respect of each financial year annual

 

accounts in such form as the Secretary of State may direct.

 

      (3)  

The regulator must send copies of the annual accounts to the Secretary

 

of State and the Comptroller and Auditor General within such period

 

after the end of the financial year to which the accounts relate as the

 

 

      (4)  

The Comptroller and Auditor General must examine, certify and report

 

on the annual accounts and must lay copies of them and of his report

 

before Parliament.”

182

Page 114, line 39, at beginning insert “In paragraph 6 and this paragraph”

183

Page 114, line 40, leave out from second “the” to first “and” in line 41 and insert

 

“establishment of the regulator”

184

Page 115, line 4, leave out “his” and insert “its”

185

Page 115, line 6, leave out “his signature” and insert “the signature of the chairman

 

or deputy chairman or of any member of the staff who has been authorised by the

 

regulator (whether generally or specifically) for that purpose”

186

Page 115, line 8, leave out “his” and insert “its”

187

Page 115, line 9, at end insert—


 

(  21  )

 
 

“General

 

      (1)  

The regulator is not to be regarded as the servant or agent of the Crown

 

or as enjoying any status, immunity or privilege of the Crown.

 

      (2)  

The regulator’s property is not to be regarded as property of, or property

 

held on behalf of, the Crown.

 

      (3)  

The regulator must exercise its functions effectively, efficiently and

 

economically.”

188

Page 115, line 14, leave out “office of the”

189

Page 115, line 18, at beginning insert “Chairman or other member of the”

190

Page 115, line 22, at beginning insert “Chairman or other member of the”

Schedule 5

191

Page 129, line 2, after second “the” insert “board of governors and board of

 

directors of the”

192

Page 129, line 5, leave out “trust and” and insert “board of governors and board of

 

directors of the trust and to”

193

Page 129, line 9, leave out “trust” and insert “directors”

Schedule 6

194

Page 130, line 28, leave out paragraph (a) and insert—

 

“(a)   

a person appointed as chairman by the relevant Special Health

 

Authority”

195

Page 130 , line 29, leave out from first “the” to end of line and insert “relevant

 

Special Health Authority who appears to that Authority”

196

Page 130, line 31, leave out “Secretary of State” and insert “relevant Special Health

 

Authority”

197

Page 130, line 31, at end insert—

 

“(1A)      

In paragraph (a) and (c) of sub-paragraph (1), “relevant Special Health

 

Authority” means the Special Health Authority which is directed by the

 

Secretary of State to exercise the function of appointment under that

 

paragraph.

 

(1B)       

In paragraph (b) of sub-paragraph (1), “relevant Special Health

 

Authority” means the Special Health Authority which is directed by the

 

Assembly to exercise the function of appointment under that

 

paragraph.”

198

Page 130, line 33, leave out “by him”

199

Page 130, line 37, leave out “by it”

200

Page 130, line 38, after “that” insert “one of”

201

Page 131, line 5, leave out “has become disqualified from holding office” and insert

 

“is disqualified from holding office (or was disqualified at the time of his

 

appointment)”

202

Page 131, line 12, leave out “become” and insert “are”


 
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Revised 19 November 2003