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Amendments to the Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 1, line 7, leave out "England" and insert "United Kingdom"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE EARL HOWE
THE BARONESS NOAKES

Page 1, line 11, leave out "officer" and insert "office"
Page 1, line 13, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 1, line 13, leave out "a person to the office of regulator" and insert "up to five persons including a chairman to constitute the Office of the Regulator"
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 4, leave out "performance by the Secretary of State of the"
Page 2, line 4, after "duties" insert "laid on the Secretary of State"
Page 2, line 6, at end insert—
"(   )  In performing his duties under this Act, the regulator must have regard to such of the following as appear to him to be relevant in the circumstances—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed;
(b)  the different needs and interests of persons using NHS services and in particular of the different interests of children, and of those living in rural and urban areas; and
(c)  the principles set out in the compact between the Government and the voluntary sector and the codes of practice set out under it."
 

THE EARL HOWE

 The Earl Howe gives notice of his intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 9, after "trust" insert "or Primary Care Trust"
Page 2, line 10, leave out from "trust" to end of line 11
Page 2, line 21, leave out paragraph (a)
 

Clause 5

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 33, leave out from "trust" to end of line 34
Page 3, line 6, at end insert "and
(d)  the applicant has demonstrated the ability to meet quality thresholds consistent with standards set by the official inspectorate,"
Page 3, line 7, leave out "may" and insert "shall"
 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE EARL HOWE
THE BARONESS NOAKES

Page 3, line 27, at end insert—
"(   )  the application is not objected to by the Secretary of State,"
Page 3, line 28, leave out paragraph (b)
Page 3, line 36, after "provide," insert—
"(   )  the applicant has met quality thresholds set by the regulator and reported on by the Commission for Health Inspection and Audit,"
Page 3, line 36, after "provide," insert—
"(   )  the applicant has adequate financial controls and financial management procedures,"
Page 3, line 39, at end insert—
"(3A)  The applicant may at any stage make written representations to the regulator about the terms of its authorisation and the regulator shall reply in writing to the applicant."
Page 3, line 40, leave out subsection (4) and insert—
"(4)  The applicant must carry out a consultation about its application, including consultation with any persons who are prescribed by regulations, and the regulator may not give an authorisation unless he is satisfied that the applicant has carried out adequate consultation and has complied with the regulations."
 

Clause 8

 

THE EARL HOWE
THE BARONESS NOAKES

Page 4, line 21, at end insert—
"(   )  The regulator shall not give his approval under subsection (1) unless he is satisfied that the amendments have been approved by the board of governors of the NHS foundation trust and, if he considers it necessary, by a majority of the members of the NHS foundation trust".
Page 4, line 22, leave out subsection (2)
 

Clause 9

 

THE EARL HOWE
THE BARONESS NOAKES

Page 4, line 26, leave out "is to" and insert "must"
Page 4, line 27, at end insert—
"(   )  any written representation made to the regulator by an NHS foundation trust,"
 

Clause 10

 

THE EARL HOWE
THE BARONESS NOAKES

Page 4, line 38, leave out "registrar of companies" and insert "regulator"
Page 5, line 13, leave out subsection (4)
Page 5, line 16, leave out "registrar of companies" and insert "regulator"
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 30, at end insert—
"(   )  The Secretary of State shall prepare a report each year and lay it before each House of Parliament giving the following details for each NHS foundation trust—
(a)  in respect of loans—
(i)  the amounts outstanding at the beginning of the year,
(ii)  amounts advanced during the year and the terms on which those amounts were advanced,
(iii)  amounts repaid during the year,
(iv)  amounts outstanding at the end of the year;
(b)  in respect of public dividend capital—
(i)  the amounts outstanding at the beginning of the year,
(ii)  the amounts advanced during the year, the reasons for the advance and the terms on which those amounts were advanced,
(iii)  amounts repaid during the year,
(iv)  amounts written off during the year,
(v)  amounts outstanding at the end of the year;
(c)  in respect of grants or other payments, the amounts advanced during the year, the reasons for the grants or other payments and details of any terms or conditions attached to the grants of payments;
(d)  in respect of any guarantees given under subsection (3), details of the amounts guaranteed, the period of the guarantee and the persons to whom guarantees have been given."
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 33, at end insert—
"(   )  For the purposes of this Act borrowing includes commitments to make payments over periods exceeding one year whether or not they are shown on the balance sheet of an NHS foundation trust."
Page 5, line 36, after "loans" insert "and in particular any generally accepted principles that apply to loans"
Page 5, line 36, at end insert "and have regard to the impact of private borrowing by foundation trusts on NHS trusts' access to capital"
 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 10, at end insert—
"(   )  Where in the twelve months immediately preceding an NHS trust becoming an NHS foundation trust an amount of its public dividend capital has been written off, the amount of its initial public dividend capital shall not be treated as having been reduced by the write-off unless it has been approved by each House of Parliament."
Page 6, line 14, leave out subsection (3)
 

Clause 14

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 31, leave out "England" and insert "the United Kingdom"
Page 6, line 33, leave out "subject to any restrictions in the authorisation"
Page 6, line 35, leave out subsection (4)
Page 6, line 40, leave out "and may require"
Page 7, line 3, leave out subsection (7)
Page 7, line 13, leave out subsection (8)
 

Clause 15

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

THE EARL HOWE
THE BARONESS NOAKES

Page 7, line 40, after "property" insert "otherwise than as part of an externally financed development agreement (as defined in section 11(3))"
Page 8, line 2, at end insert "but does not include property acquired subsequent to the date of its establishment as an NHS foundation trust"
Page 8, line 6, at end insert—
"(   )  The regulator must consider any representations made by an NHS foundation trust before designating property as protected."
 

Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES

Page 8, line 13, leave out subsections (2) and (3) and insert—
"(2)  The trust shall have no constraints on its right to borrow except as outlined in subsection (3).
(3)  A trust's total borrowing shall not exceed 100 per cent of its total revenues without the approval of the regulator."
Page 8, line 15, at end insert "provided that the limit may not be changed so that it is less than the actual borrowing of the trust if that borrowing had been acquired within limits previously set by the regulator"
Page 8, line 17, at end insert—
"(   )  An NHS foundation trust may not invest in assets or classes of assets prescribed by the regulator."
Page 8, line 23, at end insert—
"(   )  Nothing in this section shall prevent an NHS foundation trust from entering into agreements which involve periodic payments for the use of assets."
 

Clause 18

 

THE EARL HOWE
THE BARONESS NOAKES

Page 8, line 26, at end insert—
"(1A)  An NHS foundation trust shall have the power to pay remuneration and allowances to any person without reference to future national agreements on pay negotiated by the NHS."
 

Clause 19

 

THE EARL HOWE
THE BARONESS NOAKES

Page 8, line 41, leave out from first "the" to end of line 2 on page 9 and insert "regulator requires"
Page 9, line 3, leave out subsection (2)
 

Clause 21

 

THE EARL HOWE
THE BARONESS NOAKES

Page 9, line 10, at end insert—
"(   )  Fees set by the regulator for any NHS foundation trust must be calculated to recover no more than the costs associated with dealing with that trust for the year concerned."
 

Clause 23

 

THE EARL HOWE
THE BARONESS NOAKES

Page 10, line 5, at end insert—
"(   )  Where a notice under subsection (1) has been issued to an NHS foundation trust by the regulator, the NHS foundation trust may make an appeal in writing to the regulator."

 
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©Parliamentary copyright 2003
10 September 2003