(6-10)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  6  )

(c)
for each NHS foundation trust.”;

(b)
in subsection (9), in the definition of “relevant overview and

scrutiny committee”, for “or NHS trust” there is substituted “, NHS

trust or NHS foundation trust”.”
53
Page 13, line 26, leave out “at the end” and insert “—

(a)
in paragraph (c)(ii), after “NHS trust” there is inserted “or NHS

foundation trust”,

(b)
after paragraph (d)”
54
Page 13, line 29, at end insert—

“( )
In section 19 (supplementary) in subsection (2)—

(a)
in paragraph (k), after “an NHS trust,” there is inserted “an NHS

foundation trust,”,

(b)
in paragraph (p), after “NHS trusts,” there is inserted “NHS

foundation trusts,”;


and in subsection (4)(a), after “NHS trust” there is inserted “or NHS

foundation trust”.”
Clause 32
55
Page 13, line 31, leave out from beginning to “in” in line 33 and insert—

“( )
Section 20 of the National Health Service Reform and Health Care

Professions Act 2002 (c. 17) (Commission for Patient and Public

Involvement in Health) is amended as follows.

( )
In subsection (10), after “an NHS trust,” there is inserted “an NHS

foundation trust,”.

( )
In subsection (12),”
After Clause 34
56
Insert the following new Clause—

“Conduct of elections

(1)
Regulations may make provision as to the conduct of elections for

membership of the board of governors of an NHS foundation trust.

(2)
The regulations may in particular provide for—

(a)
nomination of candidates and obligations to declare their interests,

(b)
systems and methods of voting, and the allocation of places on the

board of governors, at contested elections,

(c)
filling of vacancies,

(d)
supervision of elections,

(e)
election expenses and publicity,

(f)
questioning of elections and the consequences of irregularities.

(  7  )

(3)
An NHS foundation trust must secure that its constitution is in accordance

with regulations under this section.

(4)
Pending the coming into force of regulations under this section, elections

for membership of the board of governors of an NHS foundation trust, if

contested, must be by secret ballot.”
Clause 35
57
Page 14, line 18, leave out from “form” to end of line 19 and insert “of the

particulars of his qualification to vote as a member of the constituency for which

the election is being held”
58
Page 14, line 21, leave out “that he is” and insert “of the particulars of his

qualification to vote as”
59
Page 14, line 22, leave out “relevant constituency” and insert “constituency for

which the election is being held”
60
Page 14, line 26, leave out “that he is” and insert “of the particulars of his

qualification to vote as”
61
Page 14, line 26, leave out “relevant constituency” and insert “trust”
62
Page 14, line 27, at end insert—

“( )
This section does not apply to an election held for the staff constituency.”
Clause 36
63
Page 14, line 38, leave out “its public” and insert “any public constituency and (if

there is one) of the patients’”
Clause 39
64
Page 15, leave out lines 16 to 18

Clause 47
65
Page 17, line 23, at end insert—

“( )
the availability and quality of information provided to the public

about the health care;”

Clause 49
66
Page 18, line 10, at end insert—

“( )
The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CHAI before the award of a performance rating

under this section.”

Clause 50
67
Page 18, line 38, at end insert—

“( )
The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

(  8  )

representations to the CHAI before the publication of a report under this

section.”
Clause 51
68
Page 19, line 25, at end insert—

“( )
The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CHAI before the publication of a report under this

section.”
69
Page 19, line 26, leave out “An NHS body must, if regulations so provide,” and

insert “The Secretary of State may by regulations require an NHS body to”
70
Page 19, line 28, at end insert—

“( )
Regulations under subsection (8) may make provision—

(a)
as to the matters with which a statement under the regulations must

deal;

(b)
as to the time by which any such statement must be published;

(c)
requiring an NHS body, before publishing any such statement, to

obtain the consent of any person specified in the regulations;

(d)
requiring the NHS body publishing any such statement to send a

copy of it to any person so specified.”

Clause 52
71
Page 20, line 30, at end insert—

“( )
The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CHAI before the publication of a report under this

section.”
Clause 54
72
Leave out Clause 54
Clause 56
73
Page 21, line 20, leave out “may promote” and insert “has the function of

promoting”

Clause 57
74
Page 21, line 36, at end insert—

“( )
The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CHAI before the publication of any

recommendations or the result of any studies under this section.”
Clause 59
75
Page 22, line 38, at end insert—

(  9  )

“( )
to consult any person specified in the regulations before publishing

a statement under subsection (1) or (2);”
After Clause 60
76
Insert the following new Clause—


“Co-operation between CHAI and the regulator

(1)
The CHAI and the regulator must co-operate with each other in the

exercise of their respective functions under Part 1 and this Chapter.

(2)
In particular, for the purposes of subsection (1)—

(a)
the CHAI must keep the regulator informed about the provision of

health care by and for NHS foundation trusts;

(b)
the regulator must give to the CHAI any information it has about

the provision of health care by or for an NHS foundation trust

which it considers would assist the CHAI in the discharge of its

functions.”
Clause 61
77
Page 23, line 14, after “body” insert “or to health care provided by or for that body”
Clause 62
78
Page 24, line 6, after “body” insert “or to health care provided by or for that body”
After Clause 63
79
Insert the following new Clause—


“Co-operation between CHAI and the Audit Commission

The CHAI and the Audit Commission must co-operate with each other in

relation to matters in respect of which both have functions.”
Clause 67
80
Page 26, line 38, leave out “prescribed” and insert “specified by the CHAI”
Clause 68
81
Page 27, line 22, at end insert—

“( )
the availability and quality of information provided to the public

about the health care;”
Clause 73
82
Page 30, line 16, leave out “prescribed” and insert “specified by the Assembly”
Clause 74
83
Page 30, line 33, at end insert—

(  10  )

“( )
the availability and quality of information provided to the public

about the services;”

Clause 77
84
Page 32, line 4, at end insert—

“( )
The Secretary of State may, after consulting the CSCI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CSCI before the award of a performance rating

under this section.”

Clause 78
85
Page 32, line 33, at end insert—

“( )
The Secretary of State may, after consulting the CSCI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CSCI before the publication of a report under this

section.”

Clause 79
86
Page 33, line 23, at end insert—

“( )
The Secretary of State may, after consulting the CSCI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CSCI before the publication of a report under this

section.”
Clause 80
87
Page 33, line 26, leave out “may promote or undertake” and insert “has the function

of promoting or undertaking”
88
Page 33, line 43, at end insert—

“( )
The Secretary of State may, after consulting the CSCI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CSCI before the publication of any recommendations

or the result of any studies under this section.”
Clause 83
89
Page 34, line 23, after “section 77)” insert—

“( )
to consult any person specified in the regulations before publishing

any such statement”
Clause 84
90
Page 34, line 29, after “authority” insert “or to an English local authority social

service provided by, or pursuant to arrangements made by, that authority”
Clause 89
91
Page 37, line 19, leave out “prescribed” and insert “specified by the CSCI”