Health Bill [HL]

House of Commons

Session 2008 - 09
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Health Bill [HL]

Health Bill [HL]
Schedule 1 — Direct payments: minor and consequential amendments
37

Schedules
Schedule 1
Section 13

Direct payments: minor and consequential amendments
National Assistance Act 1948 (c. 29)
1
In section 24 of the National Assistance Act 1948 (authority liable for
5
provision of accommodation), after subsection (6A) insert—
“(6B)
The reference in subsection (6A)(b) to accommodation provided by a
Primary Care Trust includes a reference to accommodation—
(a)
in respect of which direct payments are made under
regulations under section 12A(4) of the National Health
10
Service Act 2006, and
(b)
which would be provided under section 117 of the Mental
Health Act 1983 apart from the regulations.”
Health Services and Public Health Act 1968 (c. 46)
2
In section 63(2)(bb) of the Health Services and Public Health Act 1968
15
(provision of instruction for certain persons), after “pilot scheme” insert
“established under section 134(1) of the National Health Service Act 2006 or
under section 92(1) of the National Health Service (Wales) Act 2006”.
Mental Health Act 1983 (c. 20)
3
In section 117 of the Mental Health Act 1983 (after-care), after subsection (2B)
20
insert—
“(2C)
References in this Act to after-care services provided for a patient
under this section include references to services provided for the
patient—
(a)
in respect of which direct payments are made under
25
regulations under section 57 of the Health and Social Care
Act 2001 or section 12A(4) of the National Health Service Act
2006, and
(b)
which would be provided under this section apart from the
regulations.”
30
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
4
In section 2 of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (rights of authorised representatives of disabled

Health Bill [HL]
Schedule 1 — Direct payments: minor and consequential amendments
38

persons), in subsection (5), after paragraph (a) insert—
“(aa)
in hospital accommodation in respect of the provision of
which direct payments are made under section 12A(1) of the
National Health Service Act 2006, or”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
5
5     (1)
In section 45 of the Health and Social Care (Community Health and
Standards) Act 2003 (quality in health care), after subsection (3) insert—
“(4)
In this Chapter references to the provision of health care for a body
include in the case of an English NHS body references to the
provision of health care in respect of which direct payments are
10
made by that body under section 12A(1), or under regulations under
section 12A(4), of the National Health Service Act 2006.”
      (2)
This paragraph has effect until the amendments made by paragraphs 37 and
38 of Schedule 5 to the Health and Social Care Act 2008 (c. 14) come fully into
force.
15
National Health Service Act 2006 (c. 41)
6
The National Health Service Act 2006 is amended as follows.
7
In the following provisions, after “pilot scheme” insert “established under
section 134(1) of this Act”—
(a)
section 80(5)(d);
20
(b)
section 80(7)(d);
(c)
section 173(1)(b);
(d)
section 234(1)(b).
8
In section 134 (pilot schemes for local pharmaceutical services), in subsection
(2) for “Act” substitute “Part”.
25
9
In section 246(3) (power to amend in relation to exempt information for
purposes of overview and scrutiny committees), before “or” at the end of
paragraph (a) insert “or services in respect of which direct payments under
section 12A(1), or under regulations under section 12A(4), are made by a
relevant body,”.
30
10
In section 272(6) (instruments not to be made unless laid in draft and
approved by resolution of each House), before paragraph (a) insert—
“(za)
an order under section 12C(8) or (10),”.
11
In section 276 (index of defined expressions) omit the entry for “pilot
scheme”.
35
Safeguarding Vulnerable Groups Act 2006 (c. 47)
12
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
13
In section 6 (regulated activity providers), after subsection (8B) insert—
“(8C)
The Secretary of State does not make arrangements for another to
engage in a regulated activity by virtue of anything the Secretary of
40
State does under section 12A or 12D, or regulations under section

Health Bill [HL]
Schedule 2 — De-authorised NHS foundation trusts
39

12B, of the National Health Service Act 2006 (direct payments for
health services).
(8D)
A Primary Care Trust does not make arrangements for another to
engage in a regulated activity by virtue of anything the Primary Care
Trust does under regulations under section 12A(4) or 12B of the
5
National Health Service Act 2006 (direct payments for after-care
services).”
14    (1)
Section 21 (controlled activity relating to children) is amended as follows.
      (2)
In subsection (5)(a), after “the Children Act 1989 (c. 41)” insert “or section
12A(1), or regulations under section 12A(4), of the National Health Service
10
Act 2006,”.
      (3)
In subsection (8), after paragraph (a) insert—
“(aa)
out of direct payments made under section 12A(1), or under
regulations under section 12A(4), of the National Health
Service Act 2006,”.
15
15    (1)
Section 59(1) (vulnerable adults) is amended as follows.
      (2)
Omit “or” at the end of paragraph (i).
      (3)
After paragraph (i) insert—
“(ia)
payments are made to him (or to another on his behalf) under
section 12A(1), or under regulations under section 12A(4), of
20
the National Health Service Act 2006, or”.
Schedule 2
Section 16

De-authorised NHS foundation trusts

After Schedule 10 to the National Health Service Act 2006 (c. 41) insert—
“Schedule 10A
25
Section 65E

De-authorised NHS foundation trusts
Introductory
1     (1)
This Schedule applies to a body which is an NHS trust by virtue of
an order made under section 65E(1).
      (2)
This Schedule applies subject to any order under section 65L(4) or
30
(5).
      (3)
In this Schedule “the NHS foundation trust” means the body as it
was constituted immediately before the order was made.
Replacement of constitution
2     (1)
The constitution of the body pursuant to paragraph 1(1) of
35
Schedule 7 ceases to have effect.
      (2)
The body ceases to have members and a board of governors.

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Schedule 2 — De-authorised NHS foundation trusts
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      (3)
Subject to the following provisions of this Schedule, this Act
applies in relation to the body as it applies in relation to an NHS
trust established by an order made under section 25.
3
Nothing in this Chapter affects the continuity of the body or of its
property or liabilities (including its criminal liabilities).
5
Board of directors
4     (1)
The number of executive directors and non-executive directors of
the NHS trust is the number of executive directors and non-
executive directors provided for in the constitution of the NHS
foundation trust.
10
      (2)
On the order under section 65E(1) taking effect, the persons who
were the chairman and executive and non-executive directors of
the NHS foundation trust become, for the unexpired terms of their
appointments, the chairman and executive and non-executive
directors of the NHS trust.
15
Name and functions
5     (1)
“NHS trust” is substituted for “NHS foundation trust” in the name
of the body.
      (2)
The functions of the NHS trust (to be undertaken from the day on
which the order under section 65E(1) takes effect) are to provide
20
goods and services for the purposes of the health service.
Trustees
6
Any order appointing trustees for the NHS foundation trust has
effect as an order under paragraph 10 of Schedule 4 appointing
trustees for the NHS trust.
25
Public dividend capital
7     (1)
The amount which was the public dividend capital of the NHS
foundation trust continues as public dividend capital of the NHS
trust held on the same conditions.
      (2)
That is subject to any determination under paragraph 1(6) of
30
Schedule 5.
      (3)
Paragraph 1(1) of that Schedule does not apply.
Accounts
8     (1)
The accounting date of the NHS trust is 31 March.
      (2)
The first accounting period of the NHS trust begins with the first
35
day of the financial year in which the order under section 65E(1)
takes effect (and for that purpose the body is to be treated as
having been an NHS trust with effect from that day).

Health Bill [HL]
Schedule 2 — De-authorised NHS foundation trusts
41

      (3)
But the Secretary of State may direct that the trust’s first
accounting period begins with the first day of the following
financial year.
      (4)
Paragraphs 24 and 25 of Schedule 7 apply to the body, as if it
continued to be a public benefit corporation, in respect of any
5
financial year before the NHS trust’s first accounting period.
Contracts
9     (1)
Nothing in this Act—
(a)
prevents the NHS trust continuing to be a party to a
contract to which the NHS foundation trust was a party, or
10
(b)
affects the rights or liabilities of any person under such a
contract.
      (2)
A contract to which the NHS foundation trust was a party and to
which the NHS trust becomes a party is not an NHS contract by
virtue of section 9(1).
15
Other property
10
Nothing in this Act—
(a)
prevents the NHS trust continuing to hold property which
the NHS foundation trust held, or
(b)
affects the rights or liabilities of any person in respect of
20
that property.
Membership of bodies corporate
11
Nothing in this Act—
(a)
prevents the NHS trust remaining a member of a body
corporate of which the NHS foundation trust was a
25
member, or
(b)
affects the rights or liabilities of any person in respect of
that membership.
Directions
12
Paragraphs 9 to 11 do not affect the Secretary of State’s powers to
30
give directions under this Act.”