Health and Social Care (Community Health and Standards) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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After Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

129Insert the following new Clause—
  "Public consultation
(1)  The Secretary of State shall—
(a)  by regulations require that an NHS trust proposing to make an application under section 4(1) or any person proposing to apply under section 5(1), shall first consult prescribed persons;
(b)  by regulations prescribe persons to be consulted which shall include—
(i)  the NHS trusts and Primary Care Trusts in the area in which are resident all or any of the persons to whom the applicant NHS trust has provided goods or services for the purposes of healthcare, or to whom the applicant person (as the case may be) intends to provide such services if its application is successful,
(ii)  the Patients' Forums for those NHS trusts and Primary Care Trusts, and
(iii)  local staff side trade unions and such other persons as the Secretary of State considers may be affected by the application.
(2)  In section 7 of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees)—
(a)  in subsection (3) (matters to be covered by regulations) at the beginning for "may" substitute "shall";
(b)  in subsection (3)(b) at the end insert "which shall include all matters prescribed under subsection (3)(c) below,";
(c)  in subsection (3)(c) at the end insert "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003"."
 

Clause 6

 

THE EARL HOWE
THE BARONESS NOAKES

130Page 3, line 27, at end insert—
"(   )  the application is not objected to by the Secretary of State,"
131Page 3, line 28, leave out paragraph (b)
132Page 3, line 31, leave out ", and a board of directors,"
133Page 3, line 36, after "provide," insert—
"(   )  the applicant has met quality thresholds set by the regulator and reported on by the Commission for Healthcare Audit and Inspection,"
134Page 3, line 36, after "provide," insert—
"(   )  the applicant has adequate financial controls and financial management procedures,"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

135Page 3, line 36, after "provide" insert—
"(   )  the application is endorsed by the relevant local authorities, Primary Care Trusts, patients' forums and representatives from local staff side organisations,"
 

THE EARL HOWE
THE BARONESS NOAKES

136Page 3, line 39, at end insert—
"(   )  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."
137Page 3, line 39, at end insert—
"(   )  The regulator shall also satisfy himself as to composition of the board of directors of the proposed foundation trust which shall, so far as practicable, comprise the chairman and directors of the applicant NHS trust."
138Page 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."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

139Page 3, line 40, leave out subsection (4) and insert—
"(4)  In deciding whether or not to give an authorisation in response to an application under section 4 or 5, the regulator shall have regard to the outcome of a public consultation under section (Consultation on applications for NHS foundation trust status)."
140Page 3, line 40, leave out subsection (4) and insert—
"(4)  In deciding whether or not to give an authorisation in response to an application under section 4 or 5, the regulator shall have regard to the outcome of a public consultation under section 6."
141Page 3, line 42, at end insert—
"(   )  The regulator shall not give an authorisation under section 7(1)(a) or (b) unless and until the Secretary of State confirms support for the application to which such authorisation may relate after responding to—
(a)  any recommendations made to him by virtue of section 21(2)(f) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) in relation to the application, or
(b)  any referrals or representations made to him by any patients' forum by virtue of section 15(6) of the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) in relation to the application."
142Page 4, line 2, at end insert—
"(7)  The regulator shall not give an authorisation under subsection (1)(a) or (b) unless and until the Secretary of State confirms support for the application to which such authorisation may relate after responding to—
(a)  any recommendations made to him by virtue of section 21(2)(f) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) in relation to the application, or
(b)  any referrals or representations made to him by any patients' forum by virtue of section 15(6) of the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) (establishment of patients' forums) in relation to the application."
 

After Clause 7

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

143Insert the following new Clause—
  "Pilot schemes
(1)  The first seven NHS foundation trusts to be authorised under section 6 shall be known as "NHS foundation trust pilot schemes".
(2)  Two years after the authorisation of the seventh NHS foundation trust pilot scheme, the Commission for Healthcare Audit and Inspection shall initiate an independent evaluation of all seven pilot schemes against the criteria set out in subsection (3).
(3)  The criteria against which the independent evaluation will assess the pilot schemes shall be—
(a)  the quality and effectiveness of the health care services provided by the pilot schemes;
(b)  any changes to the range of services provided or patients treated by the pilot schemes since they were established;
(c)  the impact of the pilot schemes on other parts of the NHS, including neighbouring NHS trusts, local Primary Care Trusts, and systems for patient and public involvement;
(d)  the impact of the pilot schemes on the speed and equality of patient access to NHS services;
(e)  the effectiveness of the pilot schemes in promoting greater community involvement and influence, with particular reference to their success in ensuring that the membership of foundation trusts' public constituencies is representative of their patients and local residents;
(f)  the success of the pilot schemes in promoting greater innovation in the delivery of healthcare services; and
(g)  the views of residents in the locality of the pilot schemes, of patients and their relatives, and of staff working in the pilot schemes and their representatives.
(4)  The results of the independent evaluation will be published in a report, which will be laid before Parliament by the Secretary of State.
(5)  Following the authorisation of the seven NHS foundation trust pilot schemes, no further NHS foundation trusts may be authorised by the regulator until after the publication of the independent evaluation of the NHS foundation trust pilot schemes.
(6)  In determining which bodies to authorise as NHS foundation trust pilot schemes, the regulator shall endeavour to ensure that the pilot schemes reflect, so far as is possible, the full range of services and contexts that characterise secondary care in the NHS."
 

Clause 8

 

THE EARL HOWE
THE BARONESS NOAKES

144Page 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."
145Page 4, line 22, leave out subsection (2)
 

Clause 9

 

THE EARL HOWE
THE BARONESS NOAKES

146Page 4, line 26, leave out "is to" and insert "must"
147Page 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

148Page 4, line 38, leave out "registrar of companies" and insert "regulator"
149Page 5, line 13, leave out subsection (4)
150Page 5, line 16, leave out "registrar of companies" and insert "regulator"
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

151Page 5, line 21, at end insert "including the guarantee of any obligations of an NHS foundation trust"
152Page 5, line 24, leave out subsection (3)
153Page 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—
(i)  the amounts advanced during the year,
(ii)  the reasons for the grants or other payments, and
(iii)  details of any terms or conditions attached to the grants of payments;
(d)  in respect of any guarantees given under subsection (3)—
(i)  details of the amounts guaranteed,
(ii)  the period of the guarantee, and
(iii)  the persons to whom guarantees have been given."
 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES

154Page 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."
155Page 5, line 36, after "loans" insert "and in particular any generally accepted principles that apply to loans"
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES
THE BARONESS BARKER

156Page 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 LORD CLEMENT-JONES
THE BARONESS BARKER

157Page 5, line 42, at end insert—
"(   )  representatives of employers, employees and patients"
 

THE EARL HOWE
THE BARONESS NOAKES

 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

158Page 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."
159Page 6, line 14, leave out subsection (3)

 
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©Parliamentary copyright 2003
8 October 2003