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Miscellaneous | |
33 Taxation | |
(1) In section 519A of the Income and Corporation Taxes Act 1988 (c. 1) (taxation | |
of health service bodies), in subsection (2), after paragraph (b) there is | |
inserted— | 5 |
“(bb) an NHS foundation trust”. | |
(2) Section 61(3) of the 1990 Act (health service bodies: stamp duty) applies to an | |
NHS foundation trust as it applies to an NHS trust. | |
(3) In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the | |
Crown), in subsection (7), after “1978” there is inserted “an NHS foundation | 10 |
trust”. | |
34 Other amendments relating to NHS foundation trusts | |
Schedule 4 (which makes amendments relating to NHS foundation trusts) has | |
effect. | |
35 Offence | 15 |
(1) A person may not vote at an election for the board of governors of an NHS | |
foundation trust unless, within the specified period, he has made a declaration | |
in the specified form that he is a member of the public constituency or (as the | |
case may be) staff constituency. | |
(2) A person may not stand for election to the board unless, within the specified | 20 |
period, he has made a declaration in the specified form that he is a member of | |
the relevant constituency and is not prevented from being a member of the | |
board by paragraph 7 of Schedule 1. | |
(3) A person elected to the board may not vote at a meeting of the board unless, | |
within the specified period, he has made a declaration in the specified form | 25 |
that he is a member of the relevant constituency and is not prevented from | |
being a member of the board by paragraph 7 of Schedule 1. | |
(4) Specified means specified for the purpose in the trust’s constitution. | |
(5) A person is guilty of an offence if he— | |
(a) makes a declaration under this section which he knows to be false in a | 30 |
material particular, or | |
(b) recklessly makes such a declaration which is false in a material | |
particular. | |
(6) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | 35 |
36 Representative membership | |
An authorisation may require an NHS foundation trust to take steps to secure | |
that (taken as a whole) the actual membership of its public constituency is | |
representative of those eligible for such membership. | |
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37 Audit | |
Schedule 5 (which makes provision in relation to the audit of the accounts of | |
NHS foundation trusts) has effect. | |
38 General duty of NHS foundation trusts | |
An NHS foundation trust must exercise its functions effectively, efficiently and | 5 |
economically. | |
Supplementary | |
39 Interpretation of Part 1 | |
(1) In this Part— | |
“the 1990 Act” means the National Health Service and Community Care | 10 |
Act 1990 (c. 19), | |
“authorisation” means an authorisation under section 6 or 27, | |
“health service body” means a Strategic Health Authority, a Special | |
Health Authority, an NHS trust, an NHS foundation trust or a Primary | |
Care Trust, | 15 |
“the registrar of companies” means the registrar or other officer | |
performing under the Companies Act 1985 (c. 6) the duty of | |
registration of companies in England and Wales, | |
“regulations” means regulations made by the Secretary of State. | |
(2) Other expressions used in this Part and in the 1977 Act have the same meaning | 20 |
in this Part as in that Act. | |
(3) Any references in this Part, in relation to property held on trust, to the purposes | |
of an NHS foundation trust are to the general or any specific purposes of the | |
NHS foundation trust (including the purposes of any specific hospital at or | |
from which services are provided by the trust). | 25 |
(4) Any references in this Part to goods and services are to be interpreted in | |
accordance with section 14(5). | |
Part 2 | |
Standards | |
Chapter 1 | 30 |
Regulatory bodies | |
40 The Commission for Healthcare Audit and Inspection | |
(1) There is to be a body corporate known as the Commission for Healthcare Audit | |
and Inspection (in this Part referred to as the CHAI). | |
(2) Schedule 6 (which makes further provision about the CHAI) has effect. | 35 |
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41 The Commission for Social Care Inspection | |
(1) There is to be a body corporate known as the Commission for Social Care | |
Inspection (in this Part referred to as the CSCI). | |
(2) Schedule 7 (which makes further provision about the CSCI) has effect. | |
42 Transfer of property etc to CHAI and CSCI | 5 |
Schedule 8 (which makes provision for the transfer of property, rights and | |
liabilities to the CHAI and the CSCI) has effect. | |
43 Abolition of former regulatory bodies | |
(1) The Commission for Health Improvement is abolished. | |
(2) The National Care Standards Commission is abolished. | 10 |
Chapter 2 | |
NHS health care: introductory | |
44 Quality in health care | |
(1) It is the duty of each NHS body to put and keep in place arrangements for the | |
purpose of monitoring and improving the quality of health care provided by | 15 |
and for that body. | |
(2) In this Part “health care” means— | |
(a) services provided to individuals for or in connection with the | |
prevention, diagnosis or treatment of illness; and | |
(b) the promotion and protection of public health. | 20 |
(3) In subsection (2)(a), “illness” has the meaning given by section 128(1) of the | |
1977 Act. | |
45 Standards set by Secretary of State | |
(1) The Secretary of State may prepare and publish statements of standards in | |
relation to the provision of health care by and for English NHS bodies and | 25 |
cross-border SHAs. | |
(2) The Secretary of State must keep the standards under review and may publish | |
amended statements whenever he considers it appropriate. | |
(3) The Secretary of State must consult such persons as he considers appropriate— | |
(a) before publishing a statement under this section; | 30 |
(b) before publishing an amended statement under this section which in | |
the opinion of the Secretary of State effects a substantial change in the | |
standards. | |
(4) The standards set out in statements under this section are to be taken into | |
account by every English NHS body and cross-border SHA in discharging its | 35 |
duty under section 44. | |
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46 Standards set by Assembly | |
(1) The Assembly may prepare and publish statements of standards in relation to | |
the provision of health care by and for Welsh NHS bodies. | |
(2) The Assembly must keep the standards under review and may publish | |
amended statements whenever it considers it appropriate. | 5 |
(3) The Assembly must consult such persons as it considers appropriate— | |
(a) before publishing a statement under this section; | |
(b) before publishing an amended statement under this section which in | |
the opinion of the Assembly effects a substantial change in the | |
standards. | 10 |
(4) The standards set out in statements under this section are to be taken into | |
account by every Welsh NHS body in discharging its duty under section 44. | |
Chapter 3 | |
NHS health care: functions of CHAI | |
Healthcare provided by and for NHS bodies | 15 |
47 Introductory | |
(1) The CHAI has the general function of encouraging improvement in the | |
provision of health care by and for NHS bodies. | |
(2) In exercising its functions under subsection (1) and sections 48 to 56 in relation | |
to such provision, the CHAI shall be concerned in particular with— | 20 |
(a) the availability of, and access to, the health care; | |
(b) the quality and effectiveness of the health care; | |
(c) the economy and efficiency of the provision of the health care; | |
(d) the need to safeguard and promote the rights and welfare of children; | |
and | 25 |
(e) the effectiveness of measures taken for the purpose of paragraph (d) by | |
the body in question and any person who provides, or is to provide, | |
health care for that body. | |
48 National performance data | |
The CHAI has the function of publishing data relating to the provision of | 30 |
health care by and for NHS bodies. | |
49 Annual reviews | |
(1) In each financial year the CHAI must conduct a review of the provision of | |
health care by and for— | |
(a) each English NHS body, and | 35 |
(b) each cross-border SHA, | |
and must award a performance rating to each such body. | |
(2) The CHAI is to exercise its function under subsection (1) by reference to criteria | |
from time to time devised by it and approved by the Secretary of State. | |
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(3) The CHAI must publish the criteria devised and approved from time to time | |
under subsection (2). | |
(4) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 45. | 5 |
(5) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | |
(a) the body being reviewed; and | |
(b) any person who provides, or is to provide, health care for that body | |
(wherever the health care is or is to be provided). | 10 |
50 Reviews: England and Wales | |
(1) The CHAI has the function of conducting reviews of— | |
(a) the overall provision of health care by and for NHS bodies; | |
(b) the overall provision of particular kinds of health care by and for NHS | |
bodies; | 15 |
(c) the provision of health care, or a particular kind of health care, by and | |
for NHS bodies of a particular description. | |
(2) If the Secretary of State so requests, the CHAI must conduct— | |
(a) a review under subsection (1)(a); | |
(b) a review under subsection (1)(b) of the overall provision of a kind of | 20 |
health care specified in the request; or | |
(c) a review under subsection (1)(c) of the provision of health care, or | |
health care of a kind specified in the request, by or for NHS bodies of a | |
description so specified. | |
(3) The Secretary of State must consult the Assembly before making a request | 25 |
under subsection (2). | |
(4) In conducting a review under this section in relation to any health care the | |
CHAI must take into account— | |
(a) the standards set out in statements published under section 45, where | |
the health care is provided by or for an English NHS body or cross- | 30 |
border SHA; | |
(b) the standards set out in statements published under section 46, where | |
the health care is provided by or for a Welsh NHS body. | |
(5) For the purposes of this section the CHAI may carry out an inspection of— | |
(a) any NHS body; and | 35 |
(b) any person who provides, or is to provide, health care for an NHS body | |
(wherever the health care is or is to be provided). | |
(6) Where the CHAI conducts a review under this section it must publish a report. | |
51 Reviews and investigations: England | |
(1) The CHAI has the function of conducting other reviews of, and investigations | 40 |
into, the provision of health care by and for English NHS bodies and cross- | |
border SHAs. | |
(2) The CHAI may in particular under this section conduct— | |
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(a) a review of the overall provision of health care by and for English NHS | |
bodies and cross-border SHAs; | |
(b) a review of the overall provision of a particular kind of health care by | |
and for English NHS bodies and cross-border SHAs; | |
(c) a review of, or investigation into, the provision of any health care by or | 5 |
for a particular English NHS body or cross-border SHA. | |
(3) The CHAI has the function of conducting reviews of the arrangements made | |
by English NHS bodies and cross-border SHAs for the purpose of discharging | |
their duty under section 44. | |
(4) If the Secretary of State so requests, the CHAI must conduct— | 10 |
(a) a review under subsection (2)(a); | |
(b) a review under subsection (2)(b) of the overall provision of a kind of | |
health care specified in the request; | |
(c) a review or investigation under subsection (2)(c), or a review under | |
subsection (3), in relation to the provision of such health care by or for | 15 |
such body as may be specified in the request. | |
(5) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 45. | |
(6) For the purposes of this section the CHAI may carry out an inspection of— | 20 |
(a) any English NHS body or cross-border SHA; and | |
(b) any person who provides, or is to provide, health care for such a body | |
(wherever the health care is or is to be provided). | |
(7) Where the CHAI conducts a review or investigation under this section it must | |
publish a report. | 25 |
(8) An NHS body must, if regulations so provide, publish a statement as to the | |
action it proposes to take as a result of any review or investigation conducted | |
under this section in relation to it. | |
52 Failings | |
(1) This section applies where the CHAI conducts— | 30 |
(a) a review under section 49 or 50; or | |
(b) a review or investigation under section 51. | |
(2) The CHAI must make a report to the Secretary of State if it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for an English NHS body or cross-border SHA; | 35 |
(b) there are significant failings in the running of an English NHS body or | |
cross-border SHA; | |
(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for an English NHS body or | |
cross-border SHA. | 40 |
(3) A report made to the Secretary of State under subsection (2) may include a | |
recommendation that, with a view to remedying the failings in question, the | |
Secretary of State take special measures in relation to— | |
(a) in a case falling within paragraph (a) or (b) of subsection (2), the English | |
NHS body or cross-border SHA in question; | 45 |
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(b) in a case falling within paragraph (c) of that subsection, any person, | |
other than a Welsh NHS body, referred to in that paragraph. | |
(4) The CHAI must also report to the Assembly where it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for a Welsh NHS body; | 5 |
(b) there are significant failings in the running of a Welsh NHS body; | |
(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for a Welsh NHS body. | |
(5) A report made to the Assembly under subsection (4) may include a | |
recommendation that, with a view to remedying the failings in question, the | 10 |
Assembly take special measures in relation to— | |
(a) in a case falling within paragraph (a) or (b) of subsection (4), the Welsh | |
NHS body in question; and | |
(b) in a case falling within paragraph (c) of that subsection, any person, | |
other than an English NHS body or cross-border SHA, referred to in | 15 |
that paragraph. | |
(6) The CHAI must also make a report to the regulator where it is of the view | |
that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for an NHS foundation trust; | 20 |
(b) there are significant failings in the running of an NHS foundation trust; | |
or | |
(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for an NHS foundation trust. | |
(7) A report made to the regulator under subsection (6) may include a | 25 |
recommendation that, with a view to remedying the failings in question, the | |
regulator take special measures in relation to the NHS foundation trust in | |
question. | |
(8) A report under this section must give the CHAI’s reasons for its view and for | |
any recommendation made. | 30 |
53 Functions relating to Secretary of State and Assembly | |
(1) The CHAI is to keep the appropriate authority informed about the provision of | |
health care by and for any NHS body. | |
(2) The CHAI may at any time give advice to the appropriate authority on any | |
matter connected with the provision of such health care (including, in | 35 |
particular, advice on any changes which it thinks should be made to the | |
standards under section 45 or 46 for the purpose of securing improvement in | |
the quality of the health care). | |
(3) When requested to do so by the appropriate authority, the CHAI must give the | |
authority advice or information on such matters connected with the provision | 40 |
of health care by or for any NHS body as may be specified in the request. | |
(4) The CHAI may give advice to the appropriate authority or any NHS body | |
about the establishment or conduct of any inquiry held, or to be held, by the | |
authority or the body in relation to the provision of health care by or for that | |
body. | 45 |
(5) In this section, the “appropriate authority” means— | |
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