House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    121

 

  55       In section 32 (regulations for purposes of Part 2), in subsection (3), for “or

National Health Service trusts” there is substituted “, National Health

Service trusts or NHS foundation trusts”.

  56       In section 139 (protection for acts done in pursuance of this Act), in

subsection (4), at the end there is inserted “or NHS foundation trust”.

5

  57       In section 145 (interpretation), in subsection (1), after paragraph (bb) of the

definition of “the managers” there is inserted—

                    “(bc)                      in relation to a hospital vested in an NHS foundation trust,

the trust;”.

The National Audit Act 1983 (c. 44)

10

  58       The National Audit Act 1983 is amended as follows.

  59       In section 6 (public departments etc.), in subsection (3)(b), at the end there is

inserted “and any NHS foundation trust”.

The Public Health (Control of Disease) Act 1984 (c. 22)

  60       The Public Health (Control of Disease) Act 1984 is amended as follows.

15

  61       In section 13 (regulations for control of certain diseases), in subsection (4)(a),

for “or National Health Service trusts” there is substituted “, National Health

Service trusts or NHS foundation trusts”.

  62       In section 37 (removal to hospital of person with notifiable disease), in

subsection (1)(c), after “NHS trust,” there is inserted “NHS foundation

20

trust,”.

  63       In section 41 (removal to hospital of inmate of common lodging-house with

notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted

“NHS foundation trust,”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

25

  64       The Disabled Persons (Services, Consultation and Representation) Act 1986

is amended as follows.

  65       In section 2 (rights of authorised representatives of disabled persons), in

subsection (5)(a), after “1990” there is inserted “or by an NHS foundation

trust”.

30

  66       In section 7 (persons discharged from hospital), in subsection (9), in the

definition of “the managers”—

              (a)             in paragraph (a)(i), after “National Health Service trust” there is

inserted “, an NHS foundation trust”,

              (b)             in paragraph (cc), after “that trust;” there is inserted—

35

                           “(cd)                             in relation to a hospital vested in an NHS foundation

trust, means the board of directors of that trust;”.

The Company Directors Disqualification Act 1986 (c. 46)

  67       The Company Directors Disqualification Act 1986 is amended as follows.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    122

 

  68       After section 22B there is inserted—

       “22C                                      Application of Act to NHS foundation trusts

              (1)             This Act applies to NHS foundation trusts as it applies to companies

within the meaning of this Act.

              (2)             References in this Act to a company, or to a director or officer of a

5

company, include, respectively, references to an NHS foundation

trust or to a director or officer of the trust; but references to shadow

directors are omitted.

              (3)             In the application of Schedule 1 to the directors of an NHS

foundation trust, references to the provisions of the Insolvency Act

10

or the Companies Act include references to the corresponding

provisions of Part 1 of the Health and Social Care (Community

Health and Standards) Act 2003.”

The AIDS (Control) Act 1987 (c. 33)

  69       The AIDS (Control) Act 1987 is amended as follows.

15

  70       In section 1 (periodical reports on matters relating to AIDS and HIV)—

              (a)             in subsection (1)(b)(iv), after “NHS trust” there is inserted—

                                 “(iva)                                   each NHS foundation trust;”,

              (b)             in subsection (2)(b), after “NHS Trust” there is inserted “, NHS

foundation trust”.

20

The Copyright, Designs and Patents Act 1988 (c. 48)

  71       The Copyright, Designs and Patents Act 1988 is amended as follows.

  72       In section 48 (material communicated to the Crown in the course of public

business), in subsection (6), after “1978” there is inserted “and an NHS

foundation trust”.

25

The Road Traffic Act 1988 (c. 52)

  73       The Road Traffic Act 1988 is amended as follows.

  74       In section 144 (exceptions from requirement of third-party insurance), in

subsection (2), after paragraph (db) there is inserted—

                    “(dc)                      to an ambulance owned by an NHS foundation trust, at a

30

time when the vehicle is being driven under the owner’s

control,”.

The Children Act 1989 (c. 41)

  75       The Children Act 1989 is amended as follows.

  76       In section 24 (persons qualifying for advice and assistance), in subsection

35

(2)(d)(ii), after “trust” there is inserted “or an NHS foundation trust”.

  77       In section 24C (information), in subsection (2)(c), after “trust” there is

inserted “or an NHS foundation trust”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    123

 

  78       In section 27 (co-operation between authorities), in subsection (3)(d), for “or

National Health Service trust” there is substituted “, National Health Service

trust or NHS foundation trust”.

  79       In section 47 (local authority’s duty to investigate), in subsection (11)(d), for

“or National Health Service trust” there is substituted “, National Health

5

Service trust or NHS foundation trust”.

  80       In section 80 (inspection of children’s homes etc. by persons authorised by

Secretary of State)—

              (a)             in subsection (1)(d), for “or National Health Service trust” there is

substituted “, National Health Service trust or NHS foundation

10

trust”,

              (b)             in subsection (5)(e), after “National Health Service trust” there is

inserted “, NHS foundation trust”.

  81       In section 85 (children accommodated by health authorities and local

education authorities), in subsection (1), after “National Health Service

15

trust” there is inserted “, NHS foundation trust”.

  82       In Schedule 2 (local authority support for children and families), in

paragraph 1A(3), after paragraph (b) there is inserted—

                    “(ba)                      every NHS foundation trust which manages a hospital

(within the meaning of the Health and Social Care

20

(Community Health and Standards) Act 2003) in the

authority’s area;”.

The National Health Service and Community Care Act 1990 (c. 19)

  83       The 1990 Act is amended as follows.

  84       In section 21 (schemes for meeting losses and liabilities etc. of certain health

25

service bodies)—

              (a)             in subsection (2), after “NHS trusts;” there is inserted—

                           “(ba)                             NHS foundation trusts;”,

              (b)             in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted

“, NHS trust or NHS foundation trust”,

30

              (c)             in subsection (4), at the end there is inserted—

                                          “but the Secretary of State may not make a direction under

paragraph (a) above in relation to an NHS foundation trust”,

              (d)             in subsection (5), for “or NHS trust” there is substituted “, NHS trust

or NHS foundation trust”.

35

  85       In Schedule 2 (NHS trusts)—

              (a)             in the case of patients being provided with goods and services for the

purposes of the health service, paragraph 14 is to have effect in

relation to accommodation and further services made available to

them by an NHS foundation trust as it does in relation to

40

accommodation and services made available by NHS trusts,

              (b)             in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is

inserted—

                           “(bbd)                             an NHS foundation trust, or”,

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    124

 

              (c)             in paragraph 32, at the end there is inserted “or section 28 of the

Health and Social Care (Community Health and Standards) Act

2003”.

The Town and Country Planning Act 1990 (c. 8)

  86       Sections 238 to 240 of the Town and Country Planning Act 1990 (use and

5

development of consecrated land and burial grounds) apply to consecrated

land and land comprised in a burial ground which an NHS foundation trust

holds for any of its purposes as if—

              (a)             the trust were a statutory undertaker, and

              (b)             that land had been the subject of a relevant acquisition by the trust.

10

The Access to Health Records Act 1990 (c. 23)

  87       The Access to Health Records Act 1990 is amended as follows.

  88       In section 11 (interpretation), in the definition of “health service body”, the

“or” before paragraph (d) is omitted and after that paragraph there is

inserted—

15

                    “(e)                      an NHS foundation trust;”.

The Water Industry Act 1991 (c. 56)

  89       The Water Industry Act 1991 is amended as follows.

  90       In Schedule 4A (premises that are not to be disconnected for non-payment

of charges), in paragraph 16, at the end there is inserted “or by an NHS

20

foundation trust”.

The London Local Authorities Act 1991 (c. xiii)

  91       The London Local Authorities Act 1991 is amended as follows.

  92       In section 4 (interpretation of Part 2), in paragraph (d) of the definition of

“establishment for special treatment”, after “1990” there is inserted “or by an

25

NHS foundation trust”.

The Health Service Commissioners Act 1993 (c. 46)

  93       The Health Service Commissioners Act 1993 is amended as follows.

  94       In section 2 (the bodies subject to investigation), in subsection (1), after

paragraph (da) there is inserted—

30

                    “(db)                      NHS foundation trusts,”.

The Vehicle Excise and Registration Act 1994 (c. 22)

  95       The Vehicle Excise and Registration Act 1994 is amended as follows.

  96       In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of

paragraph (b) there is inserted—

35

                    “(ba)                      an NHS foundation trust, or”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    125

 

The Value Added Tax Act 1994 (c. 23)

  97       The Value Added Tax Act 1994 is amended as follows.

  98       In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H),

after paragraph (e) there is inserted—

                    “(eaa)                      an NHS foundation trust;”.

5

The Employment Rights Act 1996 (c. 18)

  99       The Employment Rights Act 1996 is amended as follows.

  100      In section 50 (right to time off for public duties), in subsection (8), after

paragraph (a) there is inserted—

                    “(ab)                      an NHS foundation trust,”.

10

  101      In section 218 (change of employer), in subsection (10), after paragraph (c)

there is inserted—

                    “(ca)                      NHS foundation trusts,”.

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

  102      The Housing Grants, Construction and Regeneration Act 1996 is amended

15

as follows.

  103      In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust”

there is substituted “, NHS trust or NHS foundation trust”.

The Education Act 1996 (c. 56)

  104      The Education Act 1996 is amended as follows.

20

  105      In section 332 (duty of Health Authority, a Primary Care Trust or National

Health Service trust to notify parent etc.), in subsection (1), for “or a National

Health Service trust” there is substituted “, a National Health Service trust

or an NHS foundation trust”.

The Data Protection Act 1998 (c. 29)

25

  106      The Data Protection Act 1998 is amended as follows.

  107      In section 69 (meaning of “health professional”), in subsection (3), after

paragraph (f) there is inserted—

                    “(fa)                      an NHS foundation trust;”.

The Health Act 1999 (c. 8)

30

  108      The Health Act 1999 is amended as follows.

  109      In section 31 (arrangements between NHS bodies and local authorities), in

subsection (8), in the definition of “NHS body”, for “or NHS trust” there is

substituted “, NHS trust or NHS foundation trust”.

The Care Standards Act 2000 (c. 14)

35

  110      The Care Standards Act 2000 is amended as follows.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Amendments relating to NHS foundation trusts

    126

 

  111      In section 42 (power to extend the application of Part 2), in subsection

(2)(b)(ii), after “NHS trusts” there is inserted “, NHS foundation trusts”.

  112      In section 121 (general interpretation), in subsection (1), in the definition of

“National Health Service body”, after “National Health Service trust,” there

is inserted “an NHS foundation trust,”.

5

The Freedom of Information Act 2000 (c. 36)

  113      The Freedom of Information Act 2000 is amended as follows.

  114      In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is

inserted—

          “40A                  An NHS foundation trust.”

10

The Health and Social Care Act 2001 (c. 15)

  115      The Health and Social Care Act 2001 is amended as follows.

  116      In section 7 (functions of overview and scrutiny committees)—

              (a)             in subsection (3)(b), at the end there is inserted “or to the

Independent Regulator of NHS Foundation Trusts (“the

15

regulator”)”,

              (b)             in subsection (3)(c), at the end there is inserted “(including provision

as to circumstances in which the relevant authority or the regulator

may require consultation on those matters in accordance with the

regulations)”,

20

              (c)             in subsection (4), for “or NHS trust” there is substituted “, NHS trust

or NHS foundation trust”.

  117      In section 28 (pilot schemes: local pharmaceutical services), in subsection (7),

after “NHS trust” there is inserted “, an NHS foundation trust”.

  118      In section 33 (NHS contracts), in subsection (1), after “body corporate” there

25

is inserted “(other than an NHS foundation trust)”.

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

  119               The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

  120      In Schedule 4 (extension of existing disclosure powers), at the end of Part 1

there is inserted—

30

          “53A                  Paragraph 8(1) of Schedule 5 to the Health and Social Care

(Community Health and Standards) Act 2003.”

The International Development Act 2002 (c. 1)

  121      The International Development Act 2002 is amended as follows.

  122      In Schedule 1 (statutory bodies to which section 9 applies), there is inserted

35

at the appropriate place—

                            “An NHS foundation trust”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — Audit of accounts of NHS foundation trusts

    127

 

The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

  123      The National Health Service Reform and Health Care Professions Act 2002

is amended as follows.

  124      In section 23 (joint working with the prison service), in subsection (5), in the

definition of “NHS bodies”, after “NHS trusts,” there is inserted “NHS

5

foundation trusts,”.

The Adoption and Children Act 2002 (c. 38)

  125      The Adoption and Children Act 2002 is amended as follows.

  126      In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS

trust” there is substituted “, NHS trust or NHS foundation trust”.

10

The Nationality, Immigration and Asylum Act 2002 (c. 41)

  127      The Nationality, Immigration and Asylum Act 2002 is amended as follows.

  128      In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph

(ii) there is inserted—

                           “(iia)                             an NHS foundation trust,”.

15

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

  129      The Community Care (Delayed Discharges etc.) Act 2003 is amended as

follows.

  130      In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in

subsection (1), in paragraph (a) of the definition of “NHS body”, after

20

“trust;” there is inserted—

                    “(ab)                      an NHS foundation trust;”.

Schedule 5

Section 37

 

Audit of accounts of NHS foundation trusts

General duty

25

  1        In auditing the accounts of any NHS foundation trust an auditor must by

examination of the accounts and otherwise satisfy himself—

              (a)             that they are prepared in accordance with directions under

paragraph 23 of Schedule 1,

              (b)             that they comply with the requirements of all other provisions

30

contained in, or having effect under, any enactment which are

applicable to the accounts,

              (c)             that proper practices have been observed in the compilation of the

accounts, and

              (d)             that the trust has made proper arrangements for securing economy,

35

efficiency and effectiveness in its use of resources.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 10 July 2003