Health Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Health Bill [HL]

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
14

65G
Consultation plan
(1)
At the same time as publishing a draft report under section 65F, a trust
special administrator must publish a statement setting out the means
by which the administrator will seek responses to the draft report.
(2)
The statement must specify a period of 30 working days within which
5
the administrator seeks responses (the “consultation period”).
(3)
The first day of the consultation period must be within the period of 5
working days beginning with the day on which the draft report is
published.
65H
Consultation requirements
10
(1)
The following duties apply during the consultation period.
(2)
The trust special administrator must publish a notice stating that the
administrator is seeking responses to the draft report and describing
how people can give their responses.
(3)
A notice under subsection (2) must include details of how responses
15
can be given in writing.
(4)
The trust special administrator must hold at least one meeting to seek
responses from staff of the trust and from such persons as the trust
special administrator may recognise as representing staff of the trust.
(5)
The trust special administrator must hold at least one other meeting to
20
seek responses from any person who wishes to attend, after publishing
notice of the date, time and place of the meeting.
(6)
Notices under subsections (2) and (5) must be published at least once in
the first 5 working days of the consultation period.
(7)
The trust special administrator must request a written response from—
25
(a)
any Strategic Health Authority in whose area the trust has
hospitals, establishments or facilities;
(b)
any other person to which the trust provides goods or services
under this Act, if required by directions given by the Secretary
of State;
30
(c)
any person within subsection (8), if required by directions given
by the Secretary of State.
(8)
The persons within this subsection are—
(a)
an overview and scrutiny committee of any authority to which
section 244 applies;
35
(b)
a committee of a local authority operating alternative
arrangements under Part 2 of the Local Government Act 2000
which exercises functions corresponding to those of an
overview and scrutiny committee under section 21(2)(f) of that
Act;
40
(c)
a joint overview and scrutiny committee;
(d)
a committee established under section 247(1);
(e)
a person carrying on, in pursuance of arrangements made by
any local authority under subsection (1) of section 221 of the
Local Government and Public Involvement in Health Act 2007,
45

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
15

activities specified in subsection (2) of that section (local
involvement networks);
(f)
the member of Parliament for any constituency.
(9)
The trust special administrator must hold at least one meeting to seek
responses from representatives of each of the persons from whom the
5
administrator must request a written response under subsection (7)(a)
or (b).
(10)
The Secretary of State may direct an administrator to—
(a)
request a written response from any person;
(b)
hold a meeting to seek a response from any person.
10
(11)
In subsection (4) “staff of the trust” means persons employed by the
trust or otherwise working for the trust (whether as or on behalf of a
contractor, as a volunteer or otherwise).
65I
Final report
(1)
Within the period of 15 working days beginning with the end of the
15
consultation period, the trust special administrator must provide to the
Secretary of State a final report stating the action which the
administrator recommends that the Secretary of State should take in
relation to the trust.
(2)
The administrator must attach to the final report a summary of all
20
responses to the draft report which were received by the administrator
in the period beginning with the publication of the draft report and
ending with the last day of the consultation period.
(3)
After receiving the administrator’s final report, the Secretary of State
must publish it and lay it before Parliament.
25
65J
Power to extend time
(1)
This section applies to—
(a)
the duty of a trust special administrator to provide a draft
report within the period specified in section 65F(1);
(b)
the duty of a trust special administrator to consult in the
30
consultation period specified under section 65G(2);
(c)
the duty of a trust special administrator to provide a final report
within the period specified in section 65I(1).
(2)
If the Secretary of State thinks it is not reasonable in the circumstances
for the administrator to be required to carry out the duty within the
35
specified period, the Secretary of State may by order extend the period.
(3)
If an order is made extending the period mentioned in subsection (1)(a)
or (c) the trust special administrator must publish a notice stating the
new date on which the period will expire.
(4)
If an order is made extending the period mentioned in subsection (1)(b)
40
the trust special administrator must—
(a)
publish a notice stating the new date on which the period will
expire, and
(b)
publish a statement setting out the means by which the
administrator will seek responses to the draft report during the
45
extended consultation period.

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
16

Action by the Secretary of State
65K
Secretary of State’s decision
(1)
Within the period of 20 working days beginning with the day on which
the Secretary of State receives a final report under section 65I, the
Secretary of State must decide what action to take in relation to the
5
trust.
(2)
The Secretary of State must as soon as reasonably practicable—
(a)
publish a notice of the decision and of the reasons for it;
(b)
lay a copy of the notice before Parliament.
65L
Trusts coming out of administration
10
(1)
This section applies if the Secretary of State decides under section 65K
not to dissolve the trust.
(2)
The Secretary of State must make an order specifying a date when the
appointment of the trust special administrator and the suspension of
the chairman and directors of the trust come to an end.
15
(3)
Subsections (4) and (5) apply in the case of a trust which is an NHS trust
by virtue of an order made under section 65E(1).
(4)
The Secretary of State must make an order specifying, in relation to the
trust, the matters mentioned in paragraph 5(1)(a) to (c) of Schedule 4
and, where the trust has a significant teaching commitment, the matters
20
mentioned in paragraph 5(1)(d).
(5)
If it appears to the Secretary of State to be necessary in order to comply
with provision made under subsection (4), or made by regulations
under paragraph 4 of Schedule 4, the Secretary of State may by order—
(a)
terminate the office of any executive or non-executive director
25
of the trust;
(b)
appoint a person to be an executive or non-executive director of
the trust.
Supplementary
65M
Replacement of trust special administrator
30
(1)
If a trust special administrator ceases to hold office for any reason
before the Secretary of State has made either an order under section
65L(2) or an order dissolving the trust, the Secretary of State must—
(a)
appoint another person as the trust special administrator, and
(b)
publish the name of the person appointed.
35
(2)
Where a person is appointed under subsection (1) in relation to a trust,
anything done by or in relation to a previous trust special administrator
has effect as if done by or in relation to that person, unless the Secretary
of State directs otherwise.
65N
Guidance
40
(1)
The Secretary of State must publish guidance for trust special
administrators.

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
17

(2)
It must include guidance about the publication of notices under
sections 65H and 65J.
(3)
It must include guidance about the preparation of draft reports, as to—
(a)
persons to be consulted;
(b)
factors to be taken into account;
5
(c)
relevant publications.
65O
Interpretation of this Chapter
In this Chapter—
“trust special administrator” means a person appointed under
section 65B(6)(a) or section 65M(1)(a);
10
“working day” means any day which is not Saturday, Sunday,
Christmas Day, Good Friday or a day which is a bank holiday
in England and Wales under the Banking and Financial
Dealings Act 1971.”
16
De-authorised NHS foundation trusts
15
Schedule 2 (which inserts Schedule 10A to the National Health Service Act 2006
(c. 41), which makes provision about de-authorised NHS foundation trusts)
has effect.
17
Trust special administrators: Primary Care Trusts
After section 65O of the National Health Service Act 2006 (inserted by section
20
15) insert—
“Chapter 5B
Trust special administrators: Primary Care Trusts
Appointment
65P
Appointment of trust special administrator
25
(1)
The Secretary of State may give directions to a Primary Care Trust
requiring the Primary Care Trust to appoint a trust special
administrator to exercise on its behalf, to the extent, and subject to any
conditions, specified in the directions, such provider functions of the
Primary Care Trust as are specified in the directions.
30
(2)
Directions may be given under subsection (1) only if the Secretary of
State considers it appropriate in the interests of the health service.
(3)
The directions must specify—
(a)
the date when the appointment is to take effect, which must be
within the period of 5 working days beginning with the day on
35
which the directions are given, and
(b)
the name of the person to be appointed.
(4)
Before giving directions under subsection (1) the Secretary of State
must consult—
(a)
the Primary Care Trust,
40

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
18

(b)
any Strategic Health Authority whose area includes any part of
the Primary Care Trust’s area, and
(c)
any other person to which the Primary Care Trust provides
goods or services under this Act and which the Secretary of
State considers it appropriate to consult.
5
(5)
The Secretary of State must lay before Parliament (with the instrument
containing the directions) a report stating the reasons for giving the
directions.
(6)
Where a person is appointed pursuant to directions under subsection
(1), the Secretary of State must publish the name of the person
10
appointed.
(7)
A person appointed as a trust special administrator holds and vacates
office in accordance with the terms of the appointment.
(8)
Directions under subsection (1) may require the appointment to be on
terms specified in the directions.
15
(9)
The Primary Care Trust may pay the trust special administrator
remuneration and expenses in accordance with the terms of the
appointment.
(10)
In this section “provider function” means—
(a)
any function of providing goods or services except to the extent
20
that at the time of the appointment there are arrangements
between the Primary Care Trust and another person or body
under which the goods or services are, or are to be, provided by
that person or body, and
(b)
any function that is not a function of providing goods or
25
services but that may be exercised for the purposes of a function
within paragraph (a).
65Q
Displacement of functions
(1)
When the appointment of a trust special administrator takes effect, the
relevant functions cease to be exercisable by any committee, sub-
30
committee or officer of the Primary Care Trust by whom they were
previously exercisable.
(2)
Subsection (1) does not affect the employment of any officer of the
Primary Care Trust.
(3)
In this Chapter “relevant functions” means the functions of the Primary
35
Care Trust exercisable by the trust special administrator.
Consultation and report
65R
Draft report
(1)
Within the period of 45 working days beginning with the day on which
a trust special administrator’s appointment takes effect, the
40
administrator must provide to the Secretary of State and publish a draft
report stating the action which the administrator recommends the
Secretary of State should take in relation to the performance of the
relevant functions.

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
19

(2)
When preparing the draft report, the administrator must consult—
(a)
any Strategic Health Authority whose area includes any part of
the Primary Care Trust’s area, and
(b)
any other person to which the Primary Care Trust provides
goods or services under this Act, if required by directions given
5
by the Secretary of State.
(3)
After receiving the draft report, the Secretary of State must lay it before
Parliament.
65S
Consultation plan
(1)
At the same time as publishing a draft report under section 65R, a trust
10
special administrator must publish a statement setting out the means
by which the administrator will seek responses to the draft report.
(2)
The statement must specify a period of 30 working days within which
the administrator seeks responses (the “consultation period”).
(3)
The first day of the consultation period must be within the period of 5
15
working days beginning with the day on which the draft report is
published.
65T
Consultation requirements
(1)
The following duties apply during the consultation period.
(2)
The trust special administrator must publish a notice stating that the
20
administrator is seeking responses to the draft report and describing
how people can give their responses.
(3)
A notice under subsection (2) must include details of how responses
can be given in writing.
(4)
The trust special administrator must hold at least one meeting to seek
25
responses from relevant staff and from such persons as the trust special
administrator may recognise as representing relevant staff.
(5)
The trust special administrator must hold at least one other meeting to
seek responses from any person who wishes to attend, after publishing
notice of the date, time and place of the meeting.
30
(6)
Notices under subsections (2) and (5) must be published at least once in
the first 5 working days of the consultation period.
(7)
The trust special administrator must request a written response from—
(a)
any Strategic Health Authority in whose area any part of the
Primary Care Trust’s area falls;
35
(b)
any other person to which the Primary Care Trust provides
goods or services under this Act, if required by directions given
by the Secretary of State;
(c)
any person within section 65H(8), if required by directions
given by the Secretary of State.
40
(8)
The trust special administrator must hold at least one meeting to seek
responses from representatives of each of the persons from whom the
administrator must request a written response under subsection (7)(a)
and (b).

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England
20

(9)
The Secretary of State may direct a trust special administrator to—
(a)
request a written response from any person;
(b)
hold a meeting to seek a response from any person.
(10)
In subsection (4) “relevant staff” means persons employed by the trust
or otherwise working for the trust (whether as or on behalf of a
5
contractor, as a volunteer or otherwise), wholly or partly in connection
with the relevant functions.
65U
Final report
(1)
Within the period of 15 working days beginning with the end of the
consultation period, the trust special administrator must provide to the
10
Secretary of State a final report stating the action which the
administrator recommends that the Secretary of State should take in
relation to the performance of the relevant functions.
(2)
The administrator must attach to the final report a summary of all
responses to the draft report which were received by the administrator
15
in the period beginning with the publication of the draft report and
ending with the last day of the consultation period.
(3)
After receiving the administrator’s final report, the Secretary of State
must publish it and lay it before Parliament.
65V
Power to extend time
20
(1)
This section applies to—
(a)
the duty of a trust special administrator to provide a draft
report within the period specified in section 65R(1);
(b)
the duty of a trust special administrator to consult in the
consultation period specified under section 65S(2);
25
(c)
the duty of a trust special administrator to provide a final report
within the period specified in section 65U(1).
(2)
If the Secretary of State thinks it is not reasonable in the circumstances
for the administrator to be required to carry out the duty within the
specified period, the Secretary of State may by order extend the period.
30
(3)
If an order is made extending the period mentioned in subsection (1)(a)
or (c) the trust special administrator must publish a notice stating the
new date on which the period will expire.
(4)
If an order is made extending the period mentioned in subsection (1)(b)
the trust special administrator must—
35
(a)
publish a notice stating the new date on which the period will
expire, and
(b)
publish a statement setting out the means by which the
administrator will seek responses to the draft report during the
extended consultation period.
40
Action by the Secretary of State
65W
Secretary of State’s decision
(1)
Within the period of 20 working days beginning with the day on which
the Secretary of State receives a final report under section 65U, the