|
| |
|
(e) | as to conditions that the patient or (if different) the payee may |
| |
or must be required to comply with before, after, or at the time |
| |
when a direct payment is made; |
| |
(f) | as to the amount of any direct payment or how it is to be |
| |
| 5 |
(g) | as to circumstances in which the Secretary of State or the |
| |
Primary Care Trust may or must stop making direct payments; |
| |
(h) | as to circumstances in which the Secretary of State or the |
| |
Primary Care Trust may or must require all or part of a direct |
| |
payment to be repaid, by the payee or otherwise; |
| 10 |
(i) | as to monitoring of the making of direct payments, of their use |
| |
by the payee, or of services which they are used to secure; |
| |
(j) | as to arrangements to be made by the Secretary of State or the |
| |
Primary Care Trust for providing patients, payees or their |
| |
representatives with information, advice or other support in |
| 15 |
connection with direct payments; |
| |
(k) | for such support to be treated to any prescribed extent as a |
| |
service in respect of which direct payments may be made. |
| |
(3) | If the regulations make provision in the case of a person who lacks |
| |
capacity to consent to direct payments being made, they may apply that |
| 20 |
provision, or make corresponding provision, with or without |
| |
modifications, in the case of a person who has lacked that capacity but |
| |
no longer does so (whether because of fluctuating capacity, or |
| |
regaining or gaining capacity). |
| |
(4) | The regulations may provide for a sum which must be repaid to the |
| 25 |
Secretary of State or the Primary Care Trust by virtue of a condition or |
| |
other requirement imposed by or under the regulations to be |
| |
recoverable as a debt due to the Secretary of State or the Primary Care |
| |
| |
(5) | The regulations may make provision— |
| 30 |
(a) | for a service in respect of which a direct payment has been made |
| |
under section 12A(1) to be regarded, only to such extent and |
| |
subject to such conditions as may be prescribed, as provided or |
| |
arranged for by the Secretary of State under an enactment |
| |
mentioned in section 12A(2); |
| 35 |
(b) | displacing functions or obligations of a Primary Care Trust with |
| |
respect to the provision of after-care services under section 117 |
| |
of the Mental Health Act 1983, only to such extent and subject |
| |
to such conditions as may be prescribed. |
| |
| 40 |
(a) | “service” includes anything in respect of which direct payments |
| |
| |
(b) | references to a person lacking capacity are references to a |
| |
person lacking capacity within the meaning of the Mental |
| |
| 45 |
12C | Direct payments pilot schemes |
| |
(1) | Regulations under section 12B may provide for the Secretary of State to |
| |
| |
|
| |
|
| |
|
(a) | to make pilot schemes in accordance with which direct |
| |
| |
(b) | to include in a pilot scheme, as respects payments to which the |
| |
scheme applies, any provision within section 12B(2), subject to |
| |
any provision made by the regulations. |
| 5 |
(2) | The regulations may in particular make provision, or provide for the |
| |
pilot scheme to make provision, as to— |
| |
(a) | the geographical area in which a pilot scheme operates; |
| |
(b) | the revocation or amendment of a pilot scheme. |
| |
(3) | A pilot scheme must, in accordance with the regulations, specify the |
| 10 |
period for which it has effect, subject to the extension of that period by |
| |
the Secretary of State in accordance with the regulations. |
| |
(4) | The regulations must make provision as to the review of a pilot scheme, |
| |
or require the pilot scheme to include such provision. |
| |
(5) | Provision as to the review of a pilot scheme may in particular include |
| 15 |
| |
(a) | for a review to be carried out by an independent person; |
| |
(b) | for publication of the findings of a review; |
| |
(c) | as to matters to be considered on a review. |
| |
(6) | Those matters may in particular include any of the following— |
| 20 |
(a) | the administration of the scheme; |
| |
(b) | the effect of direct payments on the cost or quality of care |
| |
| |
(c) | the effect of direct payments on the behaviour of patients, carers |
| |
or persons providing services in respect of which direct |
| 25 |
| |
(7) | After any review of one or more pilot schemes, the Secretary of State |
| |
may make an order under subsection (8) or (10). |
| |
(8) | An order under this subsection is an order making provision for either |
| |
or both of the following— |
| 30 |
(a) | repealing section 12A(6) and subsections (1) to (4) of this |
| |
| |
(b) | amending, repealing, or otherwise modifying any other |
| |
| |
(9) | An order may make provision within subsection (8)(b) only if it appears |
| 35 |
to the Secretary of State to be necessary or expedient for the purpose of |
| |
facilitating the exercise of the powers conferred by section 12A(1) or by |
| |
regulations under section 12A(4). |
| |
(10) | An order under this subsection is an order repealing sections 12A, 12B, |
| |
| 40 |
12D | Arrangements with other bodies relating to direct payments |
| |
(1) | The Secretary of State may arrange with any person or body to give |
| |
assistance in connection with direct payments. |
| |
(2) | Arrangements may be made under subsection (1) with voluntary |
| |
| 45 |
|
| |
|
| |
|
(3) | Powers under this section may be exercised on such terms as may be |
| |
agreed, including terms as to the making of payments by the Secretary |
| |
| |
12 | Jurisdiction of Health Service Commissioner |
| |
(1) | The Health Service Commissioners Act 1993 (c. 46) is amended as follows. |
| 5 |
(2) | In section 2B (independent providers subject to investigation) after subsection |
| |
| |
“(1A) | Persons are subject to investigation by the Commissioner if— |
| |
(a) | they are, or were at the time of the action complained of, |
| |
providing direct payment services, and |
| 10 |
(b) | they are not, or were not at the time of the action complained of, |
| |
| |
(3) | In subsection (5) of that section after “subsection (1)” insert “or (1A)”. |
| |
(4) | In section 3(1C) (complaints against independent providers) after “(of |
| |
whatever kind)” insert “, or has undertaken to provide direct payment |
| 15 |
| |
(5) | In section 7(2) (contractual or commercial transactions) after paragraph (a) |
| |
| |
“(aa) | matters arising from arrangements for the provision of direct |
| |
| 20 |
(6) | In section 14 (reports by the Commissioner), in subsection (2C)(e) after |
| |
“independent provider” insert “(in a case within section 2B(1))”. |
| |
(7) | In section 19 (interpretation) after the definition of “the Court” insert— |
| |
““direct payment services” means services in respect of which |
| |
direct payments have been made under section 12A(1), or under |
| 25 |
regulations under section 12A(4), of the National Health Service |
| |
| |
13 | Direct payments: minor and consequential amendments |
| |
Schedule 1 (which makes minor and consequential amendments relating to |
| |
direct payments, including in the case of section 117 of the Mental Health Act |
| 30 |
1983 (c. 20), social care direct payments) has effect. |
| |
| |
| |
| |
(1) | The Secretary of State may make payments as prizes to promote innovation in |
| 35 |
the provision of health services in England. |
| |
(2) | A prize may relate to— |
| |
(a) | work at any stage of innovation (including research); |
| |
(b) | work done at any time (including work before the commencement of |
| |
| 40 |
|
| |
|
| |
|
(3) | The Secretary of State may establish a committee to give advice about the |
| |
exercise of the power conferred by subsection (1), and may pay remuneration, |
| |
allowances and expenses to members. |
| |
| |
Powers in relation to health bodies |
| 5 |
| |
Trust special administrators for NHS bodies in England |
| |
15 | Trust special administrators: NHS trusts and NHS foundation trusts |
| |
After section 65 of the National Health Service Act 2006 (c. 41) insert— |
| |
| 10 |
Trust special administrators: NHS trusts and NHS foundation trusts |
| |
| |
| |
(1) | This Chapter applies to— |
| |
(a) | an NHS trust all or most of whose hospitals, establishments and |
| 15 |
facilities are in England; |
| |
(b) | an NHS foundation trust authorised under section 35 on an |
| |
application under section 33; |
| |
(c) | an NHS foundation trust established under section 56 to which |
| |
| 20 |
(2) | This subsection applies to an NHS foundation trust if— |
| |
(a) | at least one of the trusts on whose application the NHS |
| |
foundation trust was established was an NHS trust within |
| |
subsection (1)(a) or an NHS foundation trust within subsection |
| |
| 25 |
(b) | the NHS foundation trust is the result of a succession of mergers |
| |
under section 56, any of which involved an NHS trust within |
| |
subsection (1)(a) or an NHS foundation trust within subsection |
| |
| |
| 30 |
65B | Appointment of trust special administrator |
| |
(1) | The Secretary of State may make an order authorising the appointment |
| |
of a trust special administrator to exercise the functions of the chairman |
| |
and directors of an NHS trust to which this Chapter applies. |
| |
(2) | An order may be made under subsection (1) only if the Secretary of |
| 35 |
State considers it appropriate in the interests of the health service. |
| |
|
| |
|
| |
|
(3) | The order must specify the date when the appointment is to take effect, |
| |
which must be within the period of 5 working days beginning with the |
| |
day on which the order is made. |
| |
(4) | Before making the order the Secretary of State must consult— |
| |
| 5 |
(b) | any Strategic Health Authority in whose area the trust has |
| |
hospitals, establishments or facilities, and |
| |
(c) | any other person to which the trust provides goods or services |
| |
under this Act and which the Secretary of State considers it |
| |
| 10 |
(5) | The Secretary of State must lay before Parliament (with the statutory |
| |
instrument containing the order) a report stating the reasons for |
| |
| |
(6) | If an order is made under subsection (1), the Secretary of State must— |
| |
(a) | appoint a person as the trust special administrator with effect |
| 15 |
from the day specified in the order, and |
| |
(b) | publish the name of the person appointed. |
| |
(7) | A person appointed as a trust special administrator holds and vacates |
| |
office in accordance with the terms of the appointment. |
| |
(8) | The Secretary of State may pay remuneration and expenses to a trust |
| 20 |
| |
65C | Suspension of directors |
| |
(1) | When the appointment of a trust special administrator takes effect, the |
| |
trust’s chairman and executive and non-executive directors are |
| |
| 25 |
(2) | Subsection (1) does not affect the employment of the executive directors |
| |
or their membership of any committee or sub-committee of the trust. |
| |
De-authorisation of NHS foundation trusts |
| |
65D | NHS foundation trusts: regulator’s notice |
| |
(1) | The regulator may give the Secretary of State a notice under this section |
| 30 |
| |
(a) | an NHS foundation trust to which this Chapter applies is failing |
| |
to comply with a notice under section 52, and |
| |
(b) | further exercise of the powers conferred by section 52 would not |
| |
be likely to secure the provision of the goods and services which |
| 35 |
the trust’s authorisation requires it to provide. |
| |
(2) | The notice must be in writing. |
| |
(3) | With the notice the regulator must give the Secretary of State a report |
| |
stating the reasons why it is satisfied as mentioned in subsection (1). |
| |
(4) | Before giving a notice under this section, the regulator must consult |
| 40 |
first the Secretary of State and then— |
| |
| |
|
| |
|
| |
|
(b) | any Strategic Health Authority in whose area the trust has |
| |
hospitals, establishments or facilities, and |
| |
(c) | any other person to which the trust provides goods or services |
| |
under this Act and which the regulator considers it appropriate |
| |
| 5 |
65E | NHS foundation trusts: de-authorisation and appointment of trust |
| |
| |
(1) | If the regulator gives notice under section 65D in relation to a trust, the |
| |
Secretary of State must make an order for it to cease to be an NHS |
| |
| 10 |
(2) | An order made under subsection (1) must specify the date when it is to |
| |
take effect, which must be within the period of 5 working days |
| |
beginning with the day on which it is made. |
| |
(3) | The Secretary of State must lay before Parliament (with the statutory |
| |
instrument containing the order) the regulator’s report under section |
| 15 |
| |
(4) | On an order under subsection (1) taking effect in relation to a body, it |
| |
ceases to be an NHS foundation trust and a public benefit corporation |
| |
and becomes a National Health Service trust. |
| |
(5) | Schedule 10A (which makes provision about de-authorised NHS |
| 20 |
foundation trusts) has effect. |
| |
(6) | Where an order is made under subsection (1) in relation to a trust, the |
| |
Secretary of State must also make an order under section 65B(1) |
| |
authorising the appointment of a trust special administrator in relation |
| |
| 25 |
(7) | The order under section 65B(1) must provide for the appointment to |
| |
take effect at the same time as the order under this section. |
| |
(8) | Section 65B(2), (4) and (5) do not apply in relation to the order under |
| |
| |
| 30 |
| |
(1) | Within the period of 45 working days beginning with the day on which |
| |
a trust special administrator’s appointment takes effect, the |
| |
administrator must provide to the Secretary of State and publish a draft |
| |
report stating the action which the administrator recommends the |
| 35 |
Secretary of State should take in relation to the trust. |
| |
(2) | When preparing the draft report, the administrator must consult— |
| |
(a) | any Strategic Health Authority in whose area the trust has |
| |
hospitals, establishments or facilities, and |
| |
(b) | any other person to which the trust provides goods or services |
| 40 |
under this Act and which the Secretary of State directs the |
| |
administrator to consult. |
| |
(3) | After receiving the draft report, the Secretary of State must lay it before |
| |
| |
|
| |
|