1217

House of Commons

Notices of Amendments

given up to and including

Thursday 8 October 2009

New Amendments handed in are marked thus

Consideration of Bill

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Health Bill [Lords], As Amended

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NEW clauses

De-authorisation of NHS foundation trusts

Secretary Andy Burnham

NC12

To move the following Clause:—

‘(1)	In the National Health Service Act 2006 after section 52 insert—

“52A	Application of sections 52B to 52E

(1)	Sections 52B to 52E apply to—

(a)	an NHS foundation trust authorised under section 35 on an

application under section 33;

(b)	an NHS foundation trust established under section 56 to which

subsection (2) applies.

(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 foundation trust

within subsection (1)(a), or was an NHS trust all or most of

whose hospitals, establishments and facilities were in England,

or

(b)	the NHS foundation trust is the result of a succession of mergers

under section 56, any of which involved an NHS foundation trust

within subsection (1)(a) or an NHS trust all or most of whose

hospitals, establishments and facilities were in England.

52B	De-authorisation: regulator’s notice

(1)	The regulator may give the Secretary of State a notice under this section

if it is satisfied that—

Notices of Amendments: 8 October 2009

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Health Bill-[ [], continued

(a)	an NHS foundation trust to which this section applies is

contravening or failing to comply with, or has contravened or

failed to comply with, any term of its authorisation or any

requirement imposed on it under any enactment, and

(b)	the seriousness of the contravention or failure, or, if there has

been more than one, of any of them taken together, is such that it

would justify the Secretary of State making an order under

section 52D.

(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 first

the Secretary of State (unless the notice follows a request by the

Secretary of State under section 52E) and then—

(a)	the trust,

(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 to

consult.

52C	Grounds for de-authorisation notice

(1)	In determining under section 52B(1)(b) whether the making of an order

would be justified, and in determining whether to give a notice under that

section, the regulator must consider these matters (among others)—

(a)	the health and safety of patients;

(b)	the quality of the provision by the trust of goods and services;

(c)	the financial position of the trust;

(d)	the way it is being run.

(2)	The regulator must publish guidance as to the matters (including those

mentioned in subsection (1)) that it proposes to consider in making those

determinations.

(3)	Before publishing any guidance under this section, including any revised

guidance, the regulator must consult—

(a)	the Secretary of State,

(b)	each NHS foundation trust to which this section applies,

(c)	each NHS trust intending to make an application to become an

NHS foundation trust, and

(d)	such other persons as the regulator considers appropriate.

52D	De-authorisation

(1)	If the regulator gives notice under section 52B in relation to a trust, the

Secretary of State must make an order for it to cease to be an NHS

foundation trust.

(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.

Notices of Amendments: 8 October 2009

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Health Bill-[ [], continued

(3)	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.

(4)	The order must specify, 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 mentioned in paragraph

5(1)(d).

(5)	The order may provide for any provision under subsection (4) specifying

the number of executive directors and non-executive directors to take

effect at the end of a period specified in the order.

(6)	Schedule 8A makes further provision about trusts in respect of which an

order is made under subsection (1).

(7)	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 of

the trust;

(b)	appoint a person to be an executive or non-executive director of

the trust.

(8)	Within seven days after the day on which the Secretary of State makes an

order under subsection (1) the regulator must publish its report under

section 52B(3).

(9)	In this section “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.

52E	Secretary of State’s request

(1)	If it appears to the Secretary of State that there are grounds for the

regulator to be satisfied as mentioned in section 52B(1), the Secretary of

State may request the regulator in writing to consider exercising its power

to give a notice under that section.

(2)	A request under this section must—

(a)	specify the NHS foundation trust to which it relates, and

(b)	state the grounds relied on by the Secretary of State.

(3)	The Secretary of State must lay before Parliament any request under this

section.

(4)	If within the required period the regulator does not give a notice under

section 52B in response to a request under this section, it must, within

that period, publish its reasons for not doing so with a statement as to how

it has complied with section 52C(1).

(5)	The required period is—

(a)	14 days beginning with the day after the regulator receives the

request, or

(b)	any longer period specified in the request.

(6)	The Secretary of State may by order extend or further extend the required

period.”

Notices of Amendments: 8 October 2009

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(2)	Schedule 2 (which inserts Schedule 8A to the National Health Service Act 2006,

which makes provision about de-authorised NHS foundation trusts) has effect.’.

Private patient income of mental health foundation trusts

Secretary Andy Burnham

NC13

To move the following Clause:—

‘(1)	Section 44 of the National Health Service Act 2006 (c. 41) (private health care)

is amended as follows.

(2)	In subsection (2)—

(a)	after “not greater than” insert “— (a)”;

(b)	at the end insert “, or

(b)	in the case of a mental health foundation trust designated

under subsection (2A), that proportion or 1.5% if

greater.”

(3)	After subsection (2) insert—

“(2A)

An authorisation of an NHS foundation trust which was an NHS trust

must designate it as a mental health foundation trust for the purposes of

this section if it appears to the regulator that it provides goods or services

only or mainly for the prevention, diagnosis or treatment of any disorder

or disability of the mind or for the benefit in any other way of people

suffering from a disorder or disability of the mind.”’.

Payments in respect of costs of optical appliances

Secretary Andy Burnham

nc14

To move the following Clause:—

‘Section 180(2)(c) of the National Health Service Act 2006 (c. 41) (payments in

respect of costs of optical appliances for persons aged 60 or over) is omitted.’

Purchase of tobacco on behalf of children

Mike Penning

Mr Stephen O’Brien

NC1

To move the following Clause:—

Notices of Amendments: 8 October 2009

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‘After section 7 (2) of the Children and Young Persons Act 1993 (c. 12) (sale of

tobacco, etc. to persons under (eighteen)) insert—

“(2A)

A person commits an offence if he buys or attempts to buy tobacco on

behalf of an individual aged under 18.

(2B)	Where a person is charged with an offence under subsection (2A) it is a

defence that he had no reason to suspect that the individual was aged

under 18.

(2C)	A person guilty of an offence under this section is liable on summary

conviction to a fine not exeeding level 5 on the standard scale.”.’.

Nicotine replacement therapy

Mike Penning

Mr Stephen O’Brien

NC2

To move the following Clause:—

‘Within two months of the passing of this Act, the Secretary of State shall set out

guidance for consultation with appropriate stakeholders to provide greater access

to nicotine replacement therapy for members of the public.’.

Tobacco smuggling

Mike Penning

Mr Stephen O’Brien

NC3

To move the following Clause:—

‘Within two months of the passing of this Act, the Secretary of State shall

establish a committee of appropriate stakeholders to propose new approaches to

reduce the prevalence of tobacco smuggling.’.

Purchase of tobacco on behalf of children

Sandra Gidley

Dr John Pugh

NC4

To move the following Clause:—

‘After section 7(2) of the Children and Young Persons Act 1933 (c. 12) (sale of

tobacco, etc, to persons under (eighteen)) insert—

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Revised 9 October 2009