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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 2 — Independent Regulator of NHS Foundation Trusts

    116

 

scheme as service in the employment by reference to which he was a

participant (whether or not any benefits are payable by virtue of paragraph

2(2)).

Delegation of functions

  4        Anything which the regulator is authorised or required to do may be done

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by a member of his staff if authorised by the regulator (generally or

specifically) for that purpose.

Finance

  5        The Secretary of State may make contributions towards the regulator’s

expenses.

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Reports and other information

  6       (1)      As soon as possible after the end of each financial year, the regulator must

prepare an annual report on how he has exercised his functions during the

year.

          (2)      The regulator must—

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              (a)             lay a copy of the report before Parliament, and

              (b)             once he has done so, send a copy of it to the Secretary of State.

          (3)      The regulator must provide the Secretary of State with such other reports

and information relating to the exercise of the regulator’s functions as he

may require.

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          (4)      “Financial year” means—

              (a)             the period beginning with the date on which a person is first

appointed as regulator and ending with the next 31st March, and

              (b)             each successive period of twelve months beginning with 1st April.

  7        The regulator must respond in writing to any recommendation which—

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              (a)             is made by a Committee of either House of Parliament, or a

Committee of both Houses, and

              (b)             relates to the exercise by the regulator of his functions.

Seal and evidence

  8        The application of the regulator’s seal is to be authenticated by his signature.

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  9        A document purporting to be duly executed under the regulator’s seal or to

be signed on his behalf is to be received in evidence and, unless the contrary

is proved, taken to be so executed or signed.

Amendments

  10       In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)

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(departments and authorities subject to investigation), there is inserted at

the appropriate place—

                                          “The office of the Independent Regulator of NHS Foundation

Trusts.”

  11       In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

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

    117

 

(c. 24) (disqualifying offices), there is inserted at the appropriate place—

                                          “Independent Regulator of NHS Foundation Trusts.”

  12       In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate

place—

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                                          “Independent Regulator of NHS Foundation Trusts.”

Schedule 3

Section 25

 

Transfer of staff

  1        An order under section 25(3) may provide for the transfer of employees of

an NHS foundation trust to a person mentioned in that subsection.

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  2        The contract of employment of an employee transferred under such an

order—

              (a)             is not terminated by the transfer,

              (b)             has effect from the date of transfer as if originally made between the

employee and the transferee.

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  3        Where an employee is so transferred—

              (a)             all the rights, powers, duties and liabilities of the trust under or in

connection with the contract of employment are by virtue of this

paragraph transferred to the transferee on the date of transfer, and

              (b)             anything done before that date by or in relation to the trust in respect

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of that contract or the employee is to be treated from that date as

having been done by or in relation to the transferee.

           This paragraph does not prejudice the generality of paragraph 2.

  4                          But if the employee informs the trust or the proposed transferee that he

objects to the transfer—

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              (a)             paragraphs 2 and 3 do not apply, and

              (b)             the contract of employment is terminated immediately before the

date of transfer but the employee is not to be treated, for any

purpose, as having been dismissed by the trust.

  5        This Schedule does not prejudice any right of an employee to terminate his

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contract of employment if (apart from the change of employer) a substantial

change is made to his detriment in his working conditions.

  6        In this Schedule, “date of transfer” means the date decided under the order

for the transfer of the employee.

Schedule 4

35

Section 34

 

Amendments relating to NHS foundation trusts

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

  1        The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

 

 

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

    118

 

  2        In section 1 (definitions), in the definition of “voluntary hospital”, after

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

The National Assistance Act 1948 (c. 29)

  3        The National Assistance Act 1948 is amended as follows.

  4        In section 24 (authority liable for provision of accommodation), in

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subsection (6), for “or an NHS trust” there is substituted “, an NHS trust or

an NHS foundation trust”.

The Public Records Act 1958 (c. 51)

  5        The Public Records Act 1958 is amended as follows.

  6        In Schedule 1 (definition of public records), in the Table in Part 1, in the entry

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relating to the Department of Health, in the second column, for “and

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

Service trusts and NHS foundation trusts”.

The Human Tissue Act 1961 (c. 54)

  7        The Human Tissue Act 1961 is amended as follows.

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  8        In section 1 (removal of parts of bodies for medical purposes), in subsection

(4A)(b), for “or NHS trust” there is substituted “, NHS trust or NHS

foundation trust”.

The Abortion Act 1967 (c. 87)

  9        The Abortion Act 1967 is amended as follows.

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  10       In section 1 (medical termination of pregnancy), in subsection (3), after

“National Health Service trust” there is inserted “or an NHS foundation

trust”.

The Leasehold Reform Act 1967 (c. 88)

  11       The Leasehold Reform Act 1967 is amended as follows.

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  12       In section 28 (retention or assumption of land required for public

purposes)—

              (a)             in subsection (5), for “and any National Health Service trust” there is

substituted “, any National Health Service trust and any NHS

foundation trust”,

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              (b)             in subsection (6)(c), for “or National Health Service trust” there is

substituted “, National Health Service trust or NHS foundation

trust”.

The Health Services and Public Health Act 1968 (c. 46)

  13       The Health Services and Public Health Act 1968 is amended as follows.

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  14       In section 63 (provisions of instruction for officers of hospital authorities etc.

employed, or contemplating employment, in certain activities connected

with health or welfare), in subsection (5B), the “and” at the end of paragraph

 

 

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

    119

 

(bbb) is omitted and after paragraph (c) there is inserted—

                    “(d)                      NHS foundation trusts”.

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

  15       The Employers’ Liability (Compulsory Insurance) Act 1969 is amended as

follows.

5

  16       In section 3 (employers exempted from insurance), in subsection (2)(a), after

“1978,” there is inserted “an NHS foundation trust,”.

The Local Government Act 1972 (c. 70)

  17       The Local Government Act 1972 is amended as follows.

  18       In section 113 (placing of staff of local authorities at disposal of other local

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authorities), in subsection (1A), for “or NHS trust” (in each place) there is

substituted “, NHS trust or NHS foundation trust”.

The House of Commons Disqualification Act 1975 (c. 24)

  19       The House of Commons Disqualification Act 1975 is amended as follows.

  20       In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the

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appropriate place—

                           “Chairman or other non-executive director of an NHS foundation trust.”

The Race Relations Act 1976 (c. 74)

  21       The Race Relations Act 1976 is amended as follows.

  22       In Schedule 1A (bodies and other persons subject to general statutory duty),

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after paragraph 8 there is inserted—

          “8A                  An NHS foundation trust.”

The National Health Service Act 1977 (c. 49)

  23       The 1977 Act is amended as follows.

  24       In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after

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“NHS contracts” there is inserted “or under agreements or arrangements

made with NHS foundation trusts”.

  25       In section 22 (co-operation between health authorities and local authorities),

in subsection (1A), the “or” at the end of paragraph (cc) is omitted and after

paragraph (d) there is inserted—

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                    “(e)                      an NHS foundation trust”.

  26       In section 28 (supply of goods and services by local authorities), in

subsection (3)—

              (a)             for “and NHS trusts” (in both places) there is substituted “, NHS

trusts and NHS foundation trusts”,

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              (b)             for “and the National Health Service and Community Care Act 1990”

there is substituted “, the National Health Service and Community

 

 

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

    120

 

Care Act 1990 and Part 1 of the Health and Social Care (Community

Health and Standards) Act 2003”.

  27       In section 28A (power to make payments towards expenditure on

community services), in subsection (2B), for “or NHS trust” there is

substituted “, NHS trust or NHS foundation trust”.

5

  28       In section 63 (hospital accommodation on part payment), in subsection (1C),

at the end there is inserted “or an NHS foundation trust”.

  29       In section 65 (accommodation and services for private patients), in

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

  30       In section 81 (charges for more expensive supplies), in paragraph (a), for “or

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

trust”.

  31       In section 82 (charges for repairs and replacements in certain cases), in

paragraph (a), for “or an NHS trust” there is substituted “, an NHS trust or

an NHS foundation trust”.

15

  32       In section 83A (remission and repayment of charges and payment of

travelling expenses), in subsection (1)—

              (a)             in paragraph (b), for “or an NHS trust” there is substituted “, an NHS

trust or an NHS foundation trust”,

              (b)             in paragraph (c), after “NHS trust” there is inserted “or an NHS

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foundation trust”.

  33       In section 84 (inquiries), in subsection (1), at the end there is inserted “or Part

1 of the Health and Social Care (Community Health and Standards) Act

2003”.

  34       In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust”

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(in each place) there is inserted “NHS foundation trust”.

  35       In section 92 (further transfers of trust property)—

              (a)             in subsection (1A), after “NHS trust” (in both places) there is inserted

“NHS foundation trust”,

              (b)             in subsection (7), before “a Primary Care Trust” there is inserted “an

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NHS foundation trust and”.

  36       In section 96 (trusts: supplementary provisions), any reference to sections 90

to 95 of the 1977 Act includes section 22(1) to (3) of this Act.

  37       In section 96A (powers of health bodies to raise money by appeals etc.), after

subsection (11) there is inserted—

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              “(12)                This section has effect in relation to an NHS foundation trust as it has

effect in relation to an NHS trust, but as if the reference in subsection

(5A) to section 11(1) of the National Health Service and Community

Care Act 1990 included a reference to section 22 of the Health and

Social Care (Community Health and Standards) Act 2003.”

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  38       In section 103 (special arrangement as to payment of remuneration), in

subsection (3)(a), after “NHS 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

    121

 

  39       In section 105 (payments for certain medical examinations), in subsection

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

  40       In section 122 (recovery of charges), in subsection (1), after “1990” there is

inserted “or Part 1 of the Health and Social Care (Community Health and

Standards) Act 2003”.

5

  41       In section 125 (protection of members and officers of authorities)—

              (a)             after paragraph (c) there is inserted—

                           “(d)                             an NHS foundation trust,”,

              (b)             for the words following “this Act” there is substituted “, the National

Health Service and Community Care Act 1990 and Part 1 of the

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Health and Social Care (Community Health and Standards) Act

2003”.

  42       In section 128 (interpretation and construction), in subsection (1), in the

definition of “health service hospital”, for “or an NHS trust” there is

substituted “, an NHS trust or an NHS foundation trust”.

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  43       In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust”

there is inserted “, an NHS foundation trust”.

  44       In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),

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

  45       In Schedule 12A (expenditure of Health Authorities and Primary Care

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Trusts), in paragraph 7(3), after “NHS trust” there is inserted “or an NHS

foundation trust”.

The Acquisition of Land Act 1981 (c. 67)

  46      (1)      An NHS foundation trust may be authorised to purchase land compulsorily

for the purposes of its functions by means of an order—

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              (a)             made by the trust, and

              (b)             confirmed by the Secretary of State.

          (2)      The Acquisition of Land Act 1981 is to apply to the compulsory purchase of

land under this paragraph.

          (3)      But no order is to be made by an NHS foundation trust under Part 2 of that

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Act with respect to any land unless the proposal to acquire it compulsorily—

              (a)             is submitted to the Secretary of State in such form, and together with

such information, as he may require, and

              (b)             is approved by him.

  47       The Acquisition of Land Act 1981 is amended as follows.

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  48       In section 16 (statutory undertakers’ land excluded from compulsory

purchase), in subsection (3), after paragraph (b) there is inserted—

                    “(ba)                       an NHS foundation trust;”.

  49       In section 17 (local authority and statutory undertakers’ land), in subsection

(4), in the definition of “statutory undertakers”, after paragraph (aa) there is

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inserted—

                    “(aab)                      an NHS foundation trust,”.

 

 

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

    122

 

The Mental Health Act 1983 (c. 20)

  50       The Mental Health Act 1983 is amended as follows.

  51       In section 12 (general provisions as to medical recommendation), in

subsection (3), at the end there is inserted “or otherwise to be

accommodated, by virtue of an undertaking to pay in respect of the

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accommodation, in a hospital vested in an NHS foundation trust”.

  52       In section 19 (regulations as to transfer of patients), in subsection (3), after

“National Health Service trust” (in both places) there is inserted “, NHS

foundation trust”.

  53       In section 23 (discharge of patients)—

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              (a)             in subsection (3), after “National Health Service trust,” (in both

places) there is inserted “NHS foundation trust,”,

              (b)             in subsection (4), after “trust” (in the first place it occurs) there is

inserted “(other than an NHS foundation trust)”,

              (c)             after subsection (5), there is inserted—

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                    “(6)                      The powers conferred by this section on any NHS foundation

trust may be exercised by any three or more non-executive

directors of the board of the trust authorised by the board in

that behalf.”

  54       In section 24 (visiting and examination by patients), in subsection (3), for “or

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National Health Service trust” (in both places) there is substituted “,

National Health Service trust or NHS foundation trust”.

  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”.

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  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”.

  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,

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the trust;”.

The National Audit Act 1983 (c. 44)

  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”.

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

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

  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”.

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