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Mr. Simon Burns (West Chelmsford): On a point of order, Madam Deputy Speaker. As you will be aware, after the Division on amendment No. 164, the
Government had their lowest majority in this Session35. It might help the House to know that 40 Labour Scottish MPs voted with the Government to ensure that England did not have[Interruption.]
Madam Deputy Speaker: Order. That is not a point of order for the Chair. I ruled on a similar matter earlier this afternoon.
I understand that the Minister is prepared to move amendments Nos. 233, 354, 242 to 244 and 234 and new clause 24, so I shall include them in the groups that I am about to call him to move.
Amendment made: No. 245, in page 3, line 7, leave out 'registration' and insert 'incorporation'.[Mr. Hutton.]
Amendment made: No. 233, in page 3, line 27, at end insert
'( ) taken as a whole the actual membership of the applicant's public constituency will be representative of those eligible for such membership,'.[Mr. Hutton.]
Amendment made: No. 355, in page 5, line 8, leave out from 'who' to end of line and insert
'were first elected or appointed as'.[Mr. Hutton.]
Amendment made: No. 356, in page 5, line 21, at end insert
'( ) The Secretary of State may guarantee the payment of any amount payable by an NHS foundation trust under an externally financed development agreement.
"Externally financed development agreement" has the same meaning as in section 1 of the National Health Service (Private Finance) Act 1997 (c.56), reading references in subsections (3) and (5) of that section to the trust as references to the NHS foundation trust.'.[Mr. Hutton.]
Amendment made: No. 246, in page 5, line 27, leave out 'organisations' and insert 'bodies.
A body is non-profit making if it does not carry on activities for the purpose of making profits for distribution to its members or others.'.[Mr. Hutton.]
Amendments made: No. 247, in page 7, line 16, leave out
'which was an NHS trust'.
No. 248, in page 7, line 18, leave out 'the NHS foundation trust' and insert
'an NHS foundation trust which was an NHS trust'.[Mr. Hutton.]
Amendments made: No. 249, in page 12, line 31, leave out 'trust' and insert
'relevant constituency and is not prevented from being a member of the board by paragraph 6A of Schedule 1'.
No. 250, in page 12, line 32, leave out 'general'.
No. 251, in page 12, line 34, leave out 'trust' and insert
'relevant constituency and is not prevented from being a member of the board by paragraph 6A of Schedule 1'.[Mr. Hutton.]
Amendment made: No. 357, in page 13, line 11, at end insert 'or (Mergers)'.[Mr. Hutton.]
'Schedule (Audit of accounts of NHS foundation trusts) (which makes provision in relation to the audit of the accounts of NHS foundation trusts) has effect.'.[Mr. Hutton.]
Brought up, read the First and Second time, and added to the Bill.
'(1) An application may be made jointly by
(a) an NHS foundation trust, and
(b) another NHS foundation trust or an NHS trust,
to the regulator for authorisation of the dissolution of the trusts and the transfer of some or all of their property and liabilities to a new NHS foundation trust established under this section.
(2) The application must
(a) be supported by the Secretary of State if one of the parties to it is an NHS trust,
(b) specify the property and liabilities proposed to be transferred to the new NHS foundation trust,
(c) describe the goods and services which it is proposed should be provided by the new trust, and
(d) be accompanied by a copy of the proposed constitution of the new trust;
and must give any further information which the regulator requires the applicants to give.
(3) The applicants may modify the application with the agreement of the regulator at any time before authorisation is given under this section.
'(1) Where an authorisation is given under section (Mergers), the regulator is to specify the property and liabilities to be transferred to the new NHS foundation trust.
(2) Where such an authorisation is given, the Secretary of State is to make an order
(a) dissolving the trusts in question, and
(b) transferring, or providing for the transfer of, the property and liabilities specified by the regulator to the new NHS foundation trust.
(3) The order may
(a) transfer, or provide for the transfer of, any of the remaining property or liabilities to the persons mentioned in section 25(3),
(b) include provisions corresponding to those of Schedule 3.
(4) Where an NHS foundation trust is dissolved under this section, the regulator must give notice of the dissolution to the registrar of companies.
(5) Where one of the parties to an application under section (Mergers) is an NHS trust, the powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990 Act are not exercisable in relation to the trust.
(6) Subsections (3) and (5) of section 6 apply to an authorisation under section (Mergers) as they do in relation to an authorisation under that section.'.[Mr. Hutton.]
Brought up, read the First and Second time, and added to the Bill.
'An authorisation may require an NHS foundation trust to take steps to secure that (taken as a whole) the actual membership of its public constituency is representative of those eligible for such membership.'.[Mr. Hutton.]
Brought up, read the First and Second time, and added to the Bill.
1 In auditing the accounts of any NHS foundation trust an auditor must by examination of the accounts and otherwise satisfy himself
(a) that they are prepared in accordance with directions under paragraph 21 of Schedule 1,
(b) that they comply with the requirements of all other provisions contained in, or having effect under, any enactment which are applicable to the accounts,
(c) that proper practices have been observed in the compilation of the accounts, and
(d) that the trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
Right to documents and information
2 (1) An auditor of an NHS foundation trust has a right of access at all reasonable times to every document relating to the trust which appears to him necessary for the purposes of his functions under Part 1.
(2) The auditor may
(a) require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary for the purposes of his functions under Part 1,
(b) if he thinks it necessary, require the person to attend before him in person to give the information or explanation or to produce the document.
(3) The auditor may also
(a) require any director or officer of the trust to give him such information or explanation as he thinks necessary for the purposes of his functions under Part 1,
(b) if he thinks it necessary, require the director or officer to attend before him in person to give the information or explanation.
(4) The trust must provide the auditor with every facility and all information which he may reasonably require for the purposes of his functions under Part 1.
This paragraph does not affect the generality of subparagraphs (1) to (3).
(5) A person who without reasonable excuse fails to comply with any requirement of an auditor of an NHS foundation trust under any of subparagraphs (1) to (3) is guilty of an offence.
(6) A person guilty of an offence under subparagraph (5) is liable on summary conviction
(a) to a fine not exceeding level 3 on the standard scale, and
(b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for the offence.
(7) Any expenses incurred by an auditor of an NHS foundation trust in connection with proceedings for an offence under subparagraph (6) alleged to have been committed in relation to the audit of the accounts of the trust, so far as not recovered from any other source, are recoverable from the trust.
8 Jul 2003 : Column 994
Brought up, read the First and Second time, and added to the Bill.
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