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

House of Lords

back to previous amendments

 

Clause 16

 

THE EARL HOWE
THE BARONESS NOAKES

172Page 7, line 40, after "property" insert "otherwise than as part of an externally financed development agreement (as defined in section 11(3))"
173Page 8, line 2, at end insert "but does not include property acquired subsequent to the date of its establishment as an NHS foundation trust"
174Page 8, line 6, at end insert—
"(   )  The regulator must consider any representations made by an NHS foundation trust before designating property as protected."
175Page 8, line 6, at end insert—
"(   )  The regulator may declare that property formerly designated as protected property should no longer be so treated and must consider any representations made by an NHS foundation trust that such a declaration should be made."
 

Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES

176Page 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."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

177Page 8, line 13, leave out subsections (2) and (3) and insert—
"(2)  The trust will have certain limits on its rights to borrow, as outlined in subsection (3).
(3)  The trust's borrowings shall not endanger, or incur the loss of protected property, as outlined in section 16."
 

THE EARL HOWE
THE BARONESS NOAKES

178Page 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"
179Page 8, line 15, at end insert—
"(   )  The limit may be reviewed by the regulator at any time if, on the application of an NHS foundation trust or otherwise, he is of the opinion that it would be appropriate so to do."
180Page 8, line 17, at end insert—
"(   )  An NHS foundation trust may not invest in assets or classes of assets prescribed by the regulator."
181Page 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

182Page 8, line 26, at end insert—
"(   )  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."
183Page 8, line 26, at end insert—
"(   )  An NHS foundation trust shall have power to procure information technology systems subject only to compliance with such interoperability standards as may be specified in regulations."
184Page 8, line 26, at end insert—
"(   )  An NHS foundation trust shall not be required to obtain permissions from or provide information to any strategic health authority."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

185Page 8, line 37, at end insert—
"(   )  Any power of the trust to pay remuneration and allowances will be subject to the national terms and conditions for NHS employees described in "Agenda for Change"."
 

Clause 19

 

THE EARL HOWE
THE BARONESS NOAKES

186Page 8, line 41, leave out from first "the" to end of line 2 on page 9 and insert "regulator requires"
187Page 9, line 3, leave out subsection (2)
 

Clause 21

 

THE EARL HOWE
THE BARONESS NOAKES

188Page 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

189Page 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."
 

Clause 24

 

THE EARL HOWE
THE BARONESS NOAKES

190Page 10, line 19, leave out "may" and insert "must"
191Page 10, line 22, at end insert—
"(   )  If the board of governors of an NHS foundation trust consider that its financial position is such that a moratorium or a voluntary arrangement would be desirable, it may apply to the regulator to issue a notice under subsection (1) and the regulator must issue a notice unless he considers that it is not in the public interest for him to do so."
 

THE LORD WARNER

191APage 10, line 24, after "arrangements)" insert "including any related provision of that Act"
 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES

192Page 10, line 38, leave out subsection (2)
193Page 11, line 1, at end insert—
"(   )  any other body specified by the regulator"
194Page 11, line 1, at end insert—
"(   )  Any property or liabilities which are not transferred under subsection (3) shall be transferred to the Secretary of State."
195Page 11, line 1, at end insert—
"(   )  An order under subsection (3) may not transfer assets or liabilities to any person without his consent."
 

Clause 27

 

THE EARL HOWE
THE BARONESS NOAKES

196Page 11, line 35, leave out paragraph (a)
197Page 12, line 6, at end insert—
"(   )  Before giving an authorisation under this subsection, the regulator must consult the Independent Reconfiguration Panel."
198Page 12, line 22, leave out subsection (6) and insert—
"(6)  The applicants must carry out a consultation about their application, including consultation with any persons who are prescribed by regulations, and the regulator may not issue a certificate or give an authorisation under subsection (4) unless he is satisfied that the applicants have carried out adequate consultation and has complied with the regulations."
 

Clause 29

 

THE EARL HOWE
THE BARONESS NOAKES

199Page 13, line 10, at end insert—
"(   )  Any dispute as to whether an NHS foundation trust has complied with the duty of co-operation under section 26 of the Health Act 1999 (c. 8) (co-operation between NHS bodies) shall be referred to the regulator whose decision on the matter shall be final."
 

After Clause 30

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

200Insert the following new Clause—
  "Consultation on applications for NHS foundation trust status
(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, and
(b)  by regulations prescribe persons to be consulted which shall include the patients' forums for 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.
(2)  In section 7 of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees)—
(a)  in subsection (3) 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 end there is inserted "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003"."
 

Clause 31

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

201Page 13, line 19, leave out subsection (2) and insert—
"(2)  In section 15 (establishment of patients' forums) after paragraph (1)(b) there is inserted "and
(c)  for each foundation trust.""
202Page 13, line 26, after "reports)" insert—
"(a)  in subsection (2)(c)(ii) after "NHS trust" there is inserted "or foundation trust";"
203Page 13, line 29, at end insert—
"(5)  In section 16 (additional functions of PCT patients' forums) in subsection (4)(c) after "NHS trusts" there is inserted "and foundation trusts"."
(6)  In section 19 (supplementary)—
(a)  in subsection (2)(k) after "by an NHS trust," there is inserted "a foundation trust,";
(b)  in subsection (2)(p) after "by NHS trusts," there is inserted "foundation trusts,"; and
(c)  in subsection (4)(a) after "for each NHS trust" there is inserted "and foundation trust"."
 

Schedule 4

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

204Page 118, line 23, at end insert—
      "In section 29 (arrangements and regulations for general medical services), in subsection (2) there is omitted "adequate" and after "attendance" there is inserted "to meet their clinical needs"."
 

Clause 36

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

Schedule 5

 

THE EARL HOWE
THE BARONESS NOAKES

205Page 128, line 37, leave out ", in the public interest,"
206Page 128, line 39, leave out "public" and insert "members of the trust"
207Page 128, line 41, leave out "the public interest requires any such matter to" and insert "he is of the opinion that any such matter should"
 

Clause 38

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

208Page 15, leave out line 6 and insert "ethically, and put and keep in place arrangements for the purpose of monitoring and improving the quality of health care provided by and for that body"
 

Clause 40

 

THE EARL HOWE
THE BARONESS NOAKES

209Page 15, line 33, after "the" insert "Independent"
210Page 15, line 34, leave out "CHAI" and insert "ICHAI"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

211Page 15, line 34, at end insert—
"(   )  Subject to any duty imposed on it by statute, the CHAI shall have complete discretion in the discharge of its functions under this Part."
 

THE EARL HOWE
THE BARONESS NOAKES

212Page 15, line 35, leave out "CHAI" and insert "ICHAI"
 

Schedule 6

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

213Page 130, line 28, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

214Page 130, line 28, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
215Page 130, line 31, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
216Page 130, line 32, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
217Page 130, line 33, leave out "him" and insert "it"
218Page 130, line 33, leave out "he" and insert "it"
 

THE LORD WARNER

218APage 130, line 38, after "that" insert "one of"
 

THE EARL HOWE
THE BARONESS NOAKES

219Page 131, line 6, after "may" insert "(with the consent of the Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)(1))"
220Page 131, line 16, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)(1)"
221Page 131, line 19, after "State" insert "and the Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)(1)"
222Page 131, line 20, after "his" insert "or their"
 

THE LORD WARNER

222APage 131, line 20, at end insert—
"(   )  The Assembly must consult the Secretary of State before exercising any of its functions under the preceding provisions of this paragraph."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

223Page 131, line 31, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

224Page 131, line 31, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

225Page 131, line 32, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

226Page 131, line 32, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

227Page 131, line 33, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

228Page 131, line 34, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
229Page 131, line 36, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
230Page 131, line 39, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
231Page 131, line 41, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
232Page 133, line 3, leave out sub-paragraph (5) and insert—
"(5)      The CHAI may borrow money other than as mentioned in this paragraph up to a limit of its annual expenditure for the previous year as shown in its annual accounts less any amounts outstanding in respect of loans advanced under this paragraph."
 

THE LORD WARNER

232APage 133, line 25, leave out "provided" and insert "proved"

 
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10 October 2003