House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 24 March 2011
118

Health and Social Care Bill, continued

‘( )
In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act

2009.’.

Clause, as amended, Agreed to on division.

Derek Twigg

Withdrawn  625

Clause  151,  page  128,  line  31,  after ‘information’, insert ‘except patient

information’.

Clause Agreed to.

Derek Twigg

Emily Thornberry

Liz Kendall

Withdrawn  631

Clause  152,  page  129,  line  12,  at end insert—

‘(4)
The constitution of an NHS foundation trust shall specify significant disposals of

property as significant transactions. Significant disposals of property are

disposals of property that—

(a)
was designated as protected in the foundation trust’s authorisation, or

(b)
the council of governors considers necessary for the foundation trust to

fulfil its principal purpose.’.

Clause Agreed to.

Derek Twigg

Withdrawn  626

Clause  153,  page  129,  leave out line 24.

Derek Twigg

Withdrawn  627

Clause  153,  page  129,  line  33,  at end insert—

‘(8)
National terms and conditions of NHS staff will be preserved.’.

Derek Twigg

Emily Thornberry

Liz Kendall

Withdrawn  632

Clause  153,  page  129,  line  33,  at end add—

‘(8)
After subsection (11) of that section insert—

Public Bill Committee Proceedings: 24 March 2011
119

Health and Social Care Bill, continued

“(12)
With regard to undertaking the duties in this section, Monitor and

foundation trusts must consult with the local relevant Health and

Wellbeing Board(s).”.’.

Clause Agreed to.

Derek Twigg

Not called  628

Clause  154,  page  130,  line  13,  at end insert—

‘(6)
National terms and conditions of NHS staff will be preserved.’.

Derek Twigg

Emily Thornberry

Liz Kendall

Not called  633

Clause  154,  page  130,  line  13,  at end add—

‘(6)
With regard to undertaking the duties in this section, Monitor and foundation

trusts must consult with the local relevant Health and Wellbeing Boards.’.

Clause Agreed to.

Derek Twigg

Not called  629

Clause  155,  page  130,  line  34,  at end add—

‘(6)
National terms and conditions of NHS staff will be preserved.’.

Derek Twigg

Emily Thornberry

Liz Kendall

Not called  634

Clause  155,  page  130,  line  34,  at end add—

‘(6)
With regard to undertaking the duties in this section, Monitor and foundation

trusts must consult with the local relevant Health and Wellbeing Boards.’.

Clause Agreed to.

Mr Simon Burns

Agreed to  527

Clause  156,  page  130,  line  39,  at end insert—

‘( )
An application under this section may be made only with the approval of more

than half of the members of the council of governors of the applicant.’

Public Bill Committee Proceedings: 24 March 2011
120

Health and Social Care Bill, continued

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  528

Clause  157,  page  131,  line  17,  at end insert ‘, and

(c)
in paragraph (b), at the end insert “or trusts”.’.

Clause, as amended, Agreed to.

Clauses 158 to 160 Agreed to.

Mr Simon Burns

Agreed to  576

Clause  161,  page  134,  line  24,  leave out from ‘trust’ to ‘the’ in line 26 and insert

‘—

(i)
to another NHS foundation trust or the Secretary of State, or

(ii)
between another NHS foundation trust and’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  529

Clause  162,  page  135,  line  38,  leave out paragraph (d) and insert—

‘(d)
for “(5)” substitute “(7)”.’.

Mr Simon Burns

Agreed to  530

Clause  162,  page  136,  line  5,  leave out paragraph (d) and insert—

‘(d)
for “(4)” substitute “(7)”.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  531

Clause  163,  page  136,  line  29,  leave out ‘(m)’ and insert ‘(n)’.

Mr Simon Burns

Agreed to  532

Clause  163,  page  136,  line  30,  after ‘(ab)’ insert ‘, (6ZA)’.

Public Bill Committee Proceedings: 24 March 2011
121

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  533

Clause  163,  page  136,  line  30,  at end insert—

‘( )
in paragraph 28(3) of Schedule 4 to that Act, the words from “or where”

to “65I(3)”,

( )
paragraph 22(1)(g) to (n) of Schedule 7 to that Act,

( )
in the definition of “NHS trust” in section 206(1) of the National Health

Service (Wales) Act 2006, the words from “(including” to the end,

( )
section 18(9), (10) and (12) of the Health Act 2009, and’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  635

Clause  164,  page  137,  line  1,  after ‘arrangements’ insert ‘(“franchise

arrangements”)’.

Mr Simon Burns

Agreed to  636

Clause  164,  page  137,  line  2,  leave out ‘functions on behalf of an NHS trust’ and

insert ‘the main functions of an NHS trust on behalf of the trust’.

Mr Simon Burns

Agreed to  637

Clause  164,  page  137,  line  3,  leave out from ‘section’ to end of line 8 and insert ‘,

the trust is to continue after that commencement to be constituted as an NHS trust until—

(a)
it is dissolved or becomes, merges with or is acquired by an NHS

foundation trust,

(b)
where none of those events occurs before the end of the period of three

years beginning with the day on which the franchise arrangements come

to an end, the end of that period, or

(c)
where other franchise arrangements come into force before the end of

that period, the end of the period of three years beginning with the day on

which those other franchise arrangements or any subsequent franchise

arrangements come to an end.’.

Mr Simon Burns

Agreed to  638

Clause  164,  page  137,  line  8,  at end insert—

‘(5A)
In subsection (5)(c), the reference to subsequent franchise arrangements is a

reference to franchise arrangements which come into force before the end of the

period of three years beginning with the day on which the preceding franchise

arrangements come to an end.

(5B)
For the purposes of subsection (5)—

(a)
Chapter 3 of Part 2 of the National Health Service Act 2006 is, despite

subsection (2), to continue to have effect,

(b)
Chapter 5A of that Part is, despite section 162(1), to continue to have

effect,

(c)
the repeals made by section 162(2) are not to have effect,

Public Bill Committee Proceedings: 24 March 2011
122

Health and Social Care Bill, continued

(d)
the amendments made by Schedule 11 are not to have effect (and

subsection (6) is to be read accordingly), and

(e)
the amendments made by paragraph 9 of Schedule 19 are not to have

effect (and section 271 is to be read accordingly).’.

Derek Twigg

Not selected  630

Page  136,  line  33,  leave out Clause 164.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  577

Schedule  12,  page  301,  line  17,  at end insert—

‘
In section 9 (NHS contracts), omit subsection (3).’.

Mr Simon Burns

Agreed to  534

Schedule  12,  page  301,  line  18,  omit paragraph 4.

Mr Simon Burns

Agreed to  535

Schedule  12,  page  302,  line  8,  after ‘trusts)’ insert ‘—

(a)
in subsection (3)(a), omit “, an NHS trust”,

(b)
in subsection (4), omit “or an NHS trust”, and

(c)
’.

Mr Simon Burns

Agreed to  536

Schedule  12,  page  302,  line  16,  at end insert—

‘
In section 66 (intervention orders) (as amended by paragraph 8(1) of Schedule

20 to this Act), in subsection (1), omit paragraph (a) and the “and” following

it.’.

Mr Simon Burns

Agreed to  537

Schedule  12,  page  302,  line  19,  at end insert—

      ‘()
For the title to section 70 substitute “Transfer of residual liabilities of Special

Health Authorities”.’.

Mr Simon Burns

Agreed to  538

Schedule  12,  page  302,  line  22,  at end insert ‘, and

( )
in subsection (5), omit “(c),”.’.

Mr Simon Burns

Agreed to  539

Schedule  12,  page  302,  line  25,  leave out ‘for “NHS trust or” substitute “a”’ and

insert ‘omit “NHS trust or”’.

Public Bill Committee Proceedings: 24 March 2011
123

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  540

Schedule  12,  page  302,  line  25,  at end insert—

‘
Omit section 78 (directed partnership arrangements).’

Mr Simon Burns

Agreed to  578

Schedule  12,  page  302,  line  26,  leave out paragraph 18.

Mr Simon Burns

Agreed to  579

Schedule  12,  page  302,  line  38,  at end insert—

‘( )
in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS

trusts”,’.

Mr Simon Burns

Agreed to  580

Schedule  12,  page  302,  line  41,  leave out paragraphs (b) and (c) and insert—

‘(b)
in that subsection, omit the definition of “relevant Welsh body”, and

(c)
in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

      ()
In consequence of the repeal made by sub-paragraph (1)(c), omit section

233(3) of the Local Government and Public Involvement in Health Act 2007.’.

Mr Simon Burns

Agreed to  541

Schedule  12,  page  303,  line  2,  at end insert—

‘
Omit section 272(5).’.

Mr Simon Burns

Agreed to  581

Schedule  12,  page  303,  line  7,  leave out paragraph 27 and insert—

‘   (1)
Schedule 15 (accounts and audit) is amended as follows.

      (2)
In paragraph 1—

(a)
in sub-paragraph (1) omit paragraphs (d) and (e), and

(b)
omit sub-paragraph (3).

      (3)
In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

      (4)
In paragraph 5—

(a)
in sub-paragraph (1) for “neither a Special Health Authority nor NHS

Direct” substitute “not a Special Health Authority”, and

(b)
in sub-paragraph (3) for “NHS body that is a Special Health Authority

or NHS Direct” substitute “Special Health Authority”.

      (5)
In paragraph 6—

(a)
in sub-paragraph (1) for “an NHS body that is a Special Health

Authority or NHS Direct” substitute “a Special Health Authority”, and

(b)
in sub-paragraph (3) for “body” substitute “Special Health

Authority”.’.

Mr Simon Burns

Agreed to  582

Schedule  12,  page  303,  line  18,  leave out paragraph 30.

Public Bill Committee Proceedings: 24 March 2011
124

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  542

Schedule  12,  page  304,  line  35,  leave out paragraph 44.

Mr Simon Burns

Agreed to  583

Schedule  12,  page  305,  line  27,  at end insert—

‘
The Charities Act 1993 is amended as follows.’.

Mr Simon Burns

Agreed to  584

Schedule  12,  page  305,  line  33,  at end insert—

‘
In section 43B (annual audit etc. of Welsh NHS charity accounts), in

subsection (4)—

(a)
in paragraph (b) omit the words from “all or most” to the end,

(b)
in paragraph (c) omit “falling within paragraph (b)”, and

(c)
in paragraph (d) omit “such”.’.

Mr Simon Burns

Agreed to  585

Schedule  12,  page  306,  line  22,  at end insert—

‘
The Audit Commission Act 1998 is amended as follows.’.

Mr Simon Burns

Agreed to  586

Schedule  12,  page  306,  line  24,  at end insert—

‘
In section 53(1) (interpretation), in the definition of “health service body” omit

“or NHS Direct National Health Service Trust”.’.

Mr Simon Burns

Agreed to  587

Schedule  12,  page  306,  line  28,  at end insert—

‘Health Act 1999


In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts

to public dividend capital), in subsection (5) after the definition of “initial

loan” insert—

““NHS trust” includes an NHS trust which was established (by virtue of the

National Health Service (Consequential Provisions) Act 2006) under

section 25 of the National Health Service Act 2006, prior to the repeal of

that section by section 164 of the Health and Social Care Act 2011.”’.

Mr Simon Burns

Agreed to  588

Schedule  12,  page  307,  line  7,  leave out paragraph 70.

Mr Simon Burns

Agreed to  589

Schedule  12,  page  309,  line  2,  at end insert—

‘
In section 28(1) (arrangements to safeguard and promote welfare: Wales), in

paragraph (c) omit the words from “all or most” to the end.’.



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