Health and Social Care Bill - continued        House of Commons
PART I, NATIONAL HEALTH SERVICE - continued
Scrutiny of health service provision - continued

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Patients' Forums: supplementary.     13. - (1) The Secretary of State may by regulations make further provision in relation to Patients' Forums.
 
      (2) The regulations may in particular make provision as to-
 
 
    (a) the appointment of members;
 
    (b) any qualification or disqualification for membership;
 
    (c) terms of appointment;
 
    (d) circumstances in which a person is to cease to be a member or may be suspended;
 
    (e) the proceedings of Patients' Forums;
 
    (f) the discharge of any function of a Patients' Forum by a committee of the Forum;
 
    (g) the appointment, as members of a committee of a Patients' Forum, of persons who are not members of the Forum;
 
    (h) the funding of Patients' Forums and the provision of premises, other facilities and staff;
 
    (i) the payment of travelling and other allowances to members of a Patients' Forum or of a committee of a Forum (including attendance allowances or compensation for loss of remunerative time);
 
    (j) the provision of information to a Patients' Forum by the trust for which it is established, including descriptions of information which are or are not to be provided;
 
    (k) the preparation and publication of reports by Patients' Forums (including the publication of reports under section 12);
 
    (l) matters to be included in any such report;
 
    (m) the furnishing and publication by trusts and Health Authorities of comments on reports or recommendations of Patients' Forums.
      (3) The regulations must secure that the members of a Patients' Forum include-
 
 
    (a) at least one person who is a member or representative of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of-
 
      (i) persons for whom services are being provided under the 1977 Act, or
 
      (ii) persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment; and
 
    (b) at least one person for whom services are being or have been provided by the trust for which the Patients' Forum is established.
      (4) In Part II of Schedule 5A to the 1977 Act (constitution and membership of Primary Care Trusts), after paragraph 4 there shall be inserted-
 
 
"4A. One of the members of a Primary Care Trust under paragraph 4(c) above shall be a person appointed by the Patients' Forum for the trust."
 
      (5) In section 5 of the 1990 Act (NHS trusts)-
 
 
    (a) after subsection (5) there shall be inserted-
 
    "(5A) One of the non-executive directors of an NHS trust shall be a person appointed by the Patients' Forum for the trust.", and
 
 
    (b) in subsection (7)(b), before "any" there shall be inserted "(subject to subsection (5A) above)".
Abolition of Community Health Councils in England.     14. - (1) The Community Health Councils established for districts in England under section 20 of the 1977 Act are abolished.
 
      (2) That section shall cease to have effect in its application to the area of any Health Authority in England and to any Community Health Council established for a district in England.
 
      (3) The Association of Community Health Councils for England and Wales ("ACHCEW") established under paragraph 5 of Schedule 7 to the 1977 Act is also abolished.
 
      (4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.
 
      (5) The Secretary of State may by order make provision-
 
 
    (a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,
 
    (b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales of any of the property, rights or liabilities of ACHCEW.
      (6) The following fall within this subsection-
 
 
    (a) the Secretary of State,
 
    (b) a Health Authority,
 
    (c) a Special Health Authority,
 
    (d) an NHS trust,
 
    (e) a Primary Care Trust.
      (7) Before exercising the power conferred by subsection (5)(b) the Secretary of State shall consult the National Assembly for Wales.
 
Power to abolish Community Health Councils in Wales.     15. - (1) The National Assembly for Wales may by order-
 
 
    (a) abolish the Community Health Councils established for districts in Wales under section 20 of the 1977 Act;
 
    (b) make provision as to the transfer to any person, on or after the abolition of a Community Health Council under paragraph (a), of any of the rights or liabilities of a person as a member or former member of the Council.
      (2) The Secretary of State or, in relation to Wales, the National Assembly for Wales, may make such amendments or repeals in any Act or subordinate legislation as appear to him or it to be necessary or expedient in consequence of an order under subsection (1).
 
 
Intervention powers
Intervention orders.     16. - (1) After section 84 of the 1977 Act there shall be inserted-
 
 
"Intervention orders.     84A. - (1) If the Secretary of State-
 
    (a) is of the opinion that a body to which this section applies is not performing one or more of its functions adequately or at all, or that there are significant failings in the way the body is being run, and
 
    (b) is satisfied that it is appropriate for him to intervene under this section,
       he may make an order under this section in respect of the body (an "intervention order").
 
      (2) The bodies to which this section applies are-
 
 
    (a) Health Authorities,
 
    (b) Special Health Authorities,
 
    (c) NHS trusts,
 
    (d) Primary Care Trusts.
      (3) An intervention order may make any provision authorised by section 84B below (including any combination of such provisions).
 
Intervention orders: effect.     84B. - (1) In this section-
 
 
    (a) "member" means a member of a Health Authority, Special Health Authority or Primary Care Trust, or a director of an NHS trust,
 
    (b) "employee member" means a member of a Health Authority, Special Health Authority or Primary Care Trust who is an officer of the Authority or Trust, or an executive director of an NHS trust.
      (2) An intervention order may provide for the removal from office of-
 
 
    (a) all the members, or
 
    (b) those specified in the order,
       and for their replacement with individuals specified in or determined in accordance with the order (who need not be the same in number as the removed individuals).
 
      (3) An intervention order may provide for the suspension (either wholly, or in respect only of powers and duties specified in or determined in accordance with the order) of-
 
 
    (a) all the members, or
 
    (b) those specified in the order,
       and for the powers of the suspended members to be exercised, and their duties performed, during their suspension by individuals specified in or determined in accordance with the order (who need not be the same in number as the suspended individuals).
 
      (4) The powers and duties referred to in subsection (3) are, in the case of an employee member, only those which he has in his capacity as a member.
 
      (5) An intervention order may contain directions to the body to which it relates to secure that a function of the body specified in the directions-
 
 
    (a) is performed, on behalf of the body and at its expense, by such person as is specified in the directions, and
 
    (b) is so performed in such a way as to achieve such objectives as are so specified,
       and the directions may require that any contract or other arrangement made by the body with that person contains such terms and conditions as may be so specified."
 
      (2) In section 126 of the 1977 Act (orders, regulations and directions), in subsection (1), after "section 28EE(2) above," there shall be inserted "section 84A below,".
 
 
Abolition of Medical Practices Committee and National Health Service Tribunal
Abolition of Medical Practices Committee.     17. - (1) The Medical Practices Committee is abolished.
 
      (2) On the date this section comes into force-
 
 
    (a) all property in the possession of the Medical Practices Committee, and
 
    (b) all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,
       shall be transferred to the Secretary of State.
 
      (3) In Schedule 10 to the 1977 Act (additional provisions as to sale of medical practices)-
 
 
    (a) for each reference to "the Medical Practices Committee" and "the Committee", and for "Medical Practices Committee" in the heading preceding paragraph 1, there shall be substituted "the Secretary of State",
 
    (b) in paragraph 1(3)-
 
      (i) for "they are" there shall be substituted "he is", and
 
      (ii) for "they shall" there shall be substituted "he shall", and
 
    (c) in paragraph 1(7), for "them"-
 
      (i) where it first occurs there shall be substituted "the Secretary of State", and
 
      (ii) where it occurs the second time there shall be substituted "him".
      (4) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the 1977 Act before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.
 
Vacancies for medical practitioners.     18. - (1) Section 29B of the 1977 Act (which provides for regulations about the filling of vacancies for general practitioners) shall be amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) for paragraphs (a) and (b) there shall be substituted-
 
    "(a) the determination by a Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;
 
    (b) any consultation which a Health Authority must undertake before doing so;", and
 
    (b) in paragraph (c), for "the Medical Practices Committee" there shall be substituted "a Health Authority".
      (3) In subsection (3)(b), for "Secretary of State" there shall be substituted "FHSAA".
 
 
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