|
| |
|
(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— |
| 5 |
(a) | be supported by the Secretary of State if one of the parties to it is an |
| |
| |
(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 |
| 10 |
provided by the new trust, and |
| |
(d) | be accompanied by a copy of the proposed constitution of the new |
| |
| |
| and must give any further information which the regulator requires the |
| |
| 15 |
(3) | The applicants may modify the application with the agreement of the regulator |
| |
at any time before authorisation is given under this section. |
| |
| |
(a) | issue a certificate incorporating the directors of the applicants as a |
| |
public benefit corporation, and |
| 20 |
(b) | give an authorisation under this section to the corporation to become an |
| |
| |
| if the regulator is satisfied as to the following matters. |
| |
(5) | The matters are that— |
| |
(a) | the constitution of the new trust will be in accordance with Schedule 7 |
| 25 |
and will otherwise be appropriate, |
| |
(b) | the applicants have taken steps to secure that (taken as a whole) the |
| |
actual membership of any public constituency, and (if there is one) of |
| |
the patients’ constituency, will be representative of those eligible for |
| |
| 30 |
(c) | the new trust will be able to provide the goods and services which the |
| |
authorisation will require it to provide, and |
| |
(d) | any other requirements which the regulator considers appropriate are |
| |
| |
(6) | In deciding whether it is satisfied as to the matters referred to in subsection |
| 35 |
(5)(c), the regulator must consider (among other things)— |
| |
(a) | any report or recommendation in respect of either of the applicants |
| |
made by the Commission for Healthcare Audit and Inspection, |
| |
(b) | the financial position of the applicants. |
| |
(7) | The applicants must consult about the application in accordance with |
| 40 |
| |
(8) | In the course of the consultation the applicants must seek the views of— |
| |
(a) | any Patients’ Forum for an applicant, |
| |
(b) | the staff employed by the applicants, |
| |
(c) | individuals who live in any area specified in the proposed constitution |
| 45 |
as the area for a public constituency, |
| |
|
| |
|
| |
|
(d) | any local authority that would be authorised by the proposed |
| |
constitution to appoint a member of the board of governors, |
| |
(e) | if the proposed constitution provides for a patients’ constituency, |
| |
individuals who would be able to apply to become members of that |
| |
| 5 |
(f) | any prescribed persons. |
| |
(9) | The regulator may not give an authorisation under this section unless it is |
| |
satisfied that the applicants have complied with the regulations. |
| |
(10) | The certificate is conclusive evidence of incorporation; and the authorisation is |
| |
conclusive evidence that the corporation is an NHS foundation trust. |
| 10 |
(11) | On an authorisation being given under this section, the proposed constitution |
| |
of the NHS foundation trust has effect, but the directors of the applicants may |
| |
exercise the functions of the trust on its behalf until a board of directors is |
| |
appointed in accordance with the constitution. |
| |
57 | Section 56: supplementary |
| 15 |
(1) | Where an authorisation is given under section 56, the regulator must 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 must make an |
| |
| |
(a) | dissolving the trusts in question, and |
| 20 |
(b) | transferring, or providing for the transfer of, the property and liabilities |
| |
specified by the regulator to the new NHS foundation trust. |
| |
| |
(a) | transfer, or provide for the transfer of, any of the remaining property or |
| |
liabilities to the persons mentioned in section 54(3), |
| 25 |
(b) | include provisions corresponding to those of Schedule 9. |
| |
(4) | In section 56(1) and (2), and subsections (1) and (2) of this section, “liabilities” |
| |
includes criminal liabilities; and an order under subsection (3) of this section |
| |
may transfer any remaining criminal liabilities to any of the bodies mentioned |
| |
in section 54(4)(a) to (c). |
| 30 |
(5) | Where one of the parties to an application under section 56 is an NHS trust, the |
| |
powers conferred on the Secretary of State by Part 3 of Schedule 4 are not |
| |
exercisable in relation to the trust. |
| |
(6) | Section 35(4) applies to an authorisation under section 56 as it does in relation |
| |
to an authorisation under that section. |
| 35 |
| |
| |
Section 61(3) of the National Health Service and Community Care Act 1990 |
| |
(c. 19) (health service bodies: stamp duty) applies to an NHS foundation trust |
| |
as it applies to an NHS trust. |
| 40 |
|
| |
|
| |
|
| |
(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, |
| 5 |
(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) | elections expenses and publicity, |
| 10 |
(f) | questioning of elections and the consequences of irregularities. |
| |
(3) | Regulations under this section may create offences punishable on summary |
| |
conviction with a maximum fine not exceeding level 4 on the standard scale. |
| |
(4) | An NHS foundation trust must secure that its constitution is in accordance |
| |
with regulations under this section. |
| 15 |
(5) | 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. |
| |
60 | Voting and standing for election |
| |
(1) | A person may not vote at an election for the board of governors of an NHS |
| 20 |
foundation trust unless, within the specified period, he has made a declaration |
| |
in the specified form of the particulars of his qualification to vote as a member |
| |
of the constituency, or class within a constituency, for which the election is |
| |
| |
(2) | A person may not stand for election to the board unless— |
| 25 |
(a) | he has within the specified period made a declaration in the specified |
| |
form of the particulars of his qualification to vote as a member of the |
| |
constituency, or class within a constituency, for which the election is |
| |
| |
(b) | he is not prevented from being a member of the board by paragraph 8 |
| 30 |
| |
(3) | A person elected to the board may not vote at a meeting of the board unless— |
| |
(a) | he has within the specified period made a declaration in the specified |
| |
form of the particulars of his qualification to vote as a member of the |
| |
| 35 |
(b) | he is not prevented from being a member of the board by paragraph 8 |
| |
| |
(4) | This section does not apply to an election held for the staff constituency. |
| |
(5) | “Specified” means specified in the trust’s constitution. |
| |
(6) | A person is guilty of an offence if he— |
| 40 |
(a) | makes a declaration under this section which he knows to be false in a |
| |
| |
(b) | recklessly makes such a declaration which is false in a material |
| |
| |
|
| |
|
| |
|
(7) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
61 | Representative membership |
| |
An authorisation may require an NHS foundation trust to take steps to secure |
| |
that (taken as a whole) the actual membership of any public constituency and |
| 5 |
(if there is one) of the patients’ constituency is representative of those eligible |
| |
| |
| |
Schedule 10 makes provision in relation to the audit of accounts of NHS |
| |
| 10 |
63 | General duty of NHS foundation trusts |
| |
An NHS foundation trust must exercise its functions effectively, efficiently and |
| |
| |
| |
64 | Orders and regulations under this Chapter |
| 15 |
(1) | Any power under this Chapter to make an order or regulations is exercisable |
| |
| |
(2) | Subject to subsections (3) and (4), a statutory instrument made by virtue of this |
| |
Chapter is subject to annulment in pursuance of a resolution of either House of |
| |
| 20 |
(3) | A statutory instrument containing— |
| |
(a) | the first regulations under section 55(4) or 59, or |
| |
(b) | an order or regulations under this Chapter making, by virtue of |
| |
subsection (5)(b), provision which amends or repeals any part of the |
| |
| 25 |
| may not be made unless a draft of the instrument has been laid before, and |
| |
approved by resolution of, each House of Parliament. |
| |
(4) | Subsection (2) does not apply to a statutory instrument containing an order |
| |
| |
| 30 |
| |
| |
(5) | Any order or regulations under this Chapter— |
| |
(a) | may make different provision for different purposes, and |
| |
(b) | may make incidental, supplementary, consequential, transitory or |
| 35 |
transitional or saving provision. |
| |
(6) | Any power under this Chapter to make an order or regulations (as well as |
| |
being exercisable in relation to all cases to which it extends) may be exercised |
| |
in relation to all those cases subject to exceptions or in relation to any particular |
| |
| 40 |
|
| |
|