(18-21)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  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”