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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 1 — NHS foundation trusts

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Miscellaneous

 33    Taxation

     (1)    In section 519A of the Income and Corporation Taxes Act 1988 (c. 1) (taxation

of health service bodies), in subsection (2), after paragraph (b) there is

inserted—

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                  “(bb)                    an NHS foundation trust”.

     (2)    Section 61(3) of the 1990 Act (health service bodies: stamp duty) applies to an

NHS foundation trust as it applies to an NHS trust.

     (3)    In section 41 of the Value Added Tax Act 1994 (c. 23) (application to the

Crown), in subsection (7), after “1978” there is inserted “an NHS foundation

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trust”.

 34    Other amendments relating to NHS foundation trusts

Schedule 4 (which makes amendments relating to NHS foundation trusts) has

effect.

 35    Offence

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     (1)    A person may not vote at an election for the board of governors of an NHS

foundation trust unless, within the specified period, he has made a declaration

in the specified form that he is a member of the public constituency or (as the

case may be) staff constituency.

     (2)    A person may not stand for election to the board unless, within the specified

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period, he has made a declaration in the specified form that he is a member of

the relevant constituency and is not prevented from being a member of the

board by paragraph 7 of Schedule 1.

     (3)    A person elected to the board may not vote at a meeting of the board unless,

within the specified period, he has made a declaration in the specified form

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that he is a member of the relevant constituency and is not prevented from

being a member of the board by paragraph 7 of Schedule 1.

     (4)    Specified means specified for the purpose in the trust’s constitution.

     (5)    A person is guilty of an offence if he—

           (a)           makes a declaration under this section which he knows to be false in a

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material particular, or

           (b)           recklessly makes such a declaration which is false in a material

particular.

     (6)    A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

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 36    Representative membership

An authorisation may require an NHS foundation trust to take steps to secure

that (taken as a whole) the actual membership of its public constituency is

representative of those eligible for such membership.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 1 — Regulatory bodies

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 37    Audit

Schedule 5 (which makes provision in relation to the audit of the accounts of

NHS foundation trusts) has effect.

 38    General duty of NHS foundation trusts

An NHS foundation trust must exercise its functions effectively, efficiently and

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economically.

Supplementary

 39    Interpretation of Part 1

     (1)    In this Part—

                      “the 1990 Act” means the National Health Service and Community Care

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Act 1990 (c. 19),

                      “authorisation” means an authorisation under section 6 or 27,

                      “health service body” means a Strategic Health Authority, a Special

Health Authority, an NHS trust, an NHS foundation trust or a Primary

Care Trust,

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                      “the registrar of companies” means the registrar or other officer

performing under the Companies Act 1985 (c. 6) the duty of

registration of companies in England and Wales,

                      “regulations” means regulations made by the Secretary of State.

     (2)    Other expressions used in this Part and in the 1977 Act have the same meaning

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in this Part as in that Act.

     (3)    Any references in this Part, in relation to property held on trust, to the purposes

of an NHS foundation trust are to the general or any specific purposes of the

NHS foundation trust (including the purposes of any specific hospital at or

from which services are provided by the trust).

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     (4)    Any references in this Part to goods and services are to be interpreted in

accordance with section 14(5).

Part 2

Standards

Chapter 1

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Regulatory bodies

 40    The Commission for Healthcare Audit and Inspection

     (1)    There is to be a body corporate known as the Commission for Healthcare Audit

and Inspection (in this Part referred to as the CHAI).

     (2)    Schedule 6 (which makes further provision about the CHAI) has effect.

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 2 — NHS health care: introductory

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 41    The Commission for Social Care Inspection

     (1)    There is to be a body corporate known as the Commission for Social Care

Inspection (in this Part referred to as the CSCI).

     (2)    Schedule 7 (which makes further provision about the CSCI) has effect.

 42    Transfer of property etc to CHAI and CSCI

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Schedule 8 (which makes provision for the transfer of property, rights and

liabilities to the CHAI and the CSCI) has effect.

 43    Abolition of former regulatory bodies

     (1)    The Commission for Health Improvement is abolished.

     (2)    The National Care Standards Commission is abolished.

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Chapter 2

NHS health care: introductory

 44    Quality in health care

     (1)    It is the duty of each NHS body to put and keep in place arrangements for the

purpose of monitoring and improving the quality of health care provided by

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and for that body.

     (2)    In this Part “health care” means—

           (a)           services provided to individuals for or in connection with the

prevention, diagnosis or treatment of illness; and

           (b)           the promotion and protection of public health.

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     (3)    In subsection (2)(a), “illness” has the meaning given by section 128(1) of the

1977 Act.

 45    Standards set by Secretary of State

     (1)    The Secretary of State may prepare and publish statements of standards in

relation to the provision of health care by and for English NHS bodies and

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cross-border SHAs.

     (2)    The Secretary of State must keep the standards under review and may publish

amended statements whenever he considers it appropriate.

     (3)    The Secretary of State must consult such persons as he considers appropriate—

           (a)           before publishing a statement under this section;

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           (b)           before publishing an amended statement under this section which in

the opinion of the Secretary of State effects a substantial change in the

standards.

     (4)    The standards set out in statements under this section are to be taken into

account by every English NHS body and cross-border SHA in discharging its

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duty under section 44.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

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 46    Standards set by Assembly

     (1)    The Assembly may prepare and publish statements of standards in relation to

the provision of health care by and for Welsh NHS bodies.

     (2)    The Assembly must keep the standards under review and may publish

amended statements whenever it considers it appropriate.

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     (3)    The Assembly must consult such persons as it considers appropriate—

           (a)           before publishing a statement under this section;

           (b)           before publishing an amended statement under this section which in

the opinion of the Assembly effects a substantial change in the

standards.

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     (4)    The standards set out in statements under this section are to be taken into

account by every Welsh NHS body in discharging its duty under section 44.

Chapter 3

NHS health care: functions of CHAI

Healthcare provided by and for NHS bodies

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 47    Introductory

     (1)    The CHAI has the general function of encouraging improvement in the

provision of health care by and for NHS bodies.

     (2)    In exercising its functions under subsection (1) and sections 48 to 56 in relation

to such provision, the CHAI shall be concerned in particular with—

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           (a)           the availability of, and access to, the health care;

           (b)           the quality and effectiveness of the health care;

           (c)           the economy and efficiency of the provision of the health care;

           (d)           the need to safeguard and promote the rights and welfare of children;

and

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           (e)           the effectiveness of measures taken for the purpose of paragraph (d) by

the body in question and any person who provides, or is to provide,

health care for that body.

 48     National performance data

The CHAI has the function of publishing data relating to the provision of

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health care by and for NHS bodies.

 49    Annual reviews

     (1)    In each financial year the CHAI must conduct a review of the provision of

health care by and for—

           (a)           each English NHS body, and

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           (b)           each cross-border SHA,

            and must award a performance rating to each such body.

     (2)    The CHAI is to exercise its function under subsection (1) by reference to criteria

from time to time devised by it and approved by the Secretary of State.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

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     (3)    The CHAI must publish the criteria devised and approved from time to time

under subsection (2).

     (4)    In exercising its functions under this section in relation to any health care the

CHAI must take into account the standards set out in statements published

under section 45.

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     (5)    For the purposes of this section the CHAI may, subject to this Part, conduct an

inspection of—

           (a)           the body being reviewed; and

           (b)           any person who provides, or is to provide, health care for that body

(wherever the health care is or is to be provided).

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 50    Reviews: England and Wales

     (1)    The CHAI has the function of conducting reviews of—

           (a)                         the overall provision of health care by and for NHS bodies;

           (b)           the overall provision of particular kinds of health care by and for NHS

bodies;

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           (c)           the provision of health care, or a particular kind of health care, by and

for NHS bodies of a particular description.

     (2)           If the Secretary of State so requests, the CHAI must conduct—

           (a)                         a review under subsection (1)(a);

           (b)           a review under subsection (1)(b) of the overall provision of a kind of

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health care specified in the request; or

           (c)           a review under subsection (1)(c) of the provision of health care, or

health care of a kind specified in the request, by or for NHS bodies of a

description so specified.

     (3)    The Secretary of State must consult the Assembly before making a request

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under subsection (2).

     (4)    In conducting a review under this section in relation to any health care the

CHAI must take into account—

           (a)           the standards set out in statements published under section 45, where

the health care is provided by or for an English NHS body or cross-

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border SHA;

           (b)           the standards set out in statements published under section 46, where

the health care is provided by or for a Welsh NHS body.

     (5)    For the purposes of this section the CHAI may carry out an inspection of—

           (a)           any NHS body; and

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           (b)           any person who provides, or is to provide, health care for an NHS body

(wherever the health care is or is to be provided).

     (6)    Where the CHAI conducts a review under this section it must publish a report.

 51    Reviews and investigations: England

     (1)    The CHAI has the function of conducting other reviews of, and investigations

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into, the provision of health care by and for English NHS bodies and cross-

border SHAs.

     (2)    The CHAI may in particular under this section conduct—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    19

 

           (a)           a review of the overall provision of health care by and for English NHS

bodies and cross-border SHAs;

           (b)           a review of the overall provision of a particular kind of health care by

and for English NHS bodies and cross-border SHAs;

           (c)           a review of, or investigation into, the provision of any health care by or

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for a particular English NHS body or cross-border SHA.

     (3)    The CHAI has the function of conducting reviews of the arrangements made

by English NHS bodies and cross-border SHAs for the purpose of discharging

their duty under section 44.

     (4)    If the Secretary of State so requests, the CHAI must conduct—

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           (a)           a review under subsection (2)(a);

           (b)           a review under subsection (2)(b) of the overall provision of a kind of

health care specified in the request;

           (c)                         a review or investigation under subsection (2)(c), or a review under

subsection (3), in relation to the provision of such health care by or for

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such body as may be specified in the request.

     (5)    In exercising its functions under this section in relation to any health care the

CHAI must take into account the standards set out in statements published

under section 45.

     (6)    For the purposes of this section the CHAI may carry out an inspection of—

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           (a)           any English NHS body or cross-border SHA; and

           (b)           any person who provides, or is to provide, health care for such a body

(wherever the health care is or is to be provided).

     (7)    Where the CHAI conducts a review or investigation under this section it must

publish a report.

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     (8)    The Secretary of State may by regulations require an NHS body to publish a

statement as to the action it proposes to take as a result of any review or

investigation conducted under this section in relation to it.

     (9)           Regulations under subsection (8) may make provision—

           (a)           as to the matters with which a statement under the regulations must

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deal;

           (b)           as to the time by which any such statement must be published;

           (c)           requiring an NHS body, before publishing any such statement, to

obtain the consent of any person specified in the regulations;

           (d)           requiring the NHS body publishing any such statement to send a copy

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of it to any person so specified.

 52    Failings

     (1)    This section applies where the CHAI conducts—

           (a)           a review under section 49 or 50; or

           (b)            a review or investigation under section 51.

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     (2)    The CHAI must make a report to the Secretary of State if it is of the view that—

           (a)           there are significant failings in relation to the provision of health care

by or for an English NHS body or cross-border SHA;

           (b)           there are significant failings in the running of an English NHS body or

cross-border SHA;

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    20

 

           (c)           there are significant failings in the running of any body, or the practice

of any individual, providing health care for an English NHS body or

cross-border SHA.

     (3)    A report made to the Secretary of State under subsection (2) may include a

recommendation that, with a view to remedying the failings in question, the

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Secretary of State take special measures in relation to—

           (a)           in a case falling within paragraph (a) or (b) of subsection (2), the English

NHS body or cross-border SHA in question;

           (b)           in a case falling within paragraph (c) of that subsection, any person,

other than a Welsh NHS body, referred to in that paragraph.

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     (4)    The CHAI must also report to the Assembly where it is of the view that—

           (a)           there are significant failings in relation to the provision of health care

by or for a Welsh NHS body;

           (b)           there are significant failings in the running of a Welsh NHS body;

           (c)           there are significant failings in the running of any body, or the practice

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of any individual, providing health care for a Welsh NHS body.

     (5)    A report made to the Assembly under subsection (4) may include a

recommendation that, with a view to remedying the failings in question, the

Assembly take special measures in relation to—

           (a)           in a case falling within paragraph (a) or (b) of subsection (4), the Welsh

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NHS body in question; and

           (b)           in a case falling within paragraph (c) of that subsection, any person,

other than an English NHS body or cross-border SHA, referred to in

that paragraph.

     (6)           The CHAI must also make a report to the regulator where it is of the view

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that—

           (a)           there are significant failings in relation to the provision of health care

by or for an NHS foundation trust;

           (b)           there are significant failings in the running of an NHS foundation trust;

or

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           (c)           there are significant failings in the running of any body, or the practice

of any individual, providing health care for an NHS foundation trust.

     (7)    A report made to the regulator under subsection (6) may include a

recommendation that, with a view to remedying the failings in question, the

regulator take special measures in relation to the NHS foundation trust in

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question.

     (8)    A report under this section must give the CHAI’s reasons for its view and for

any recommendation made.

 53    Functions relating to Secretary of State and Assembly

     (1)    The CHAI is to keep the appropriate authority informed about the provision of

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health care by and for any NHS body.

     (2)    The CHAI may at any time give advice to the appropriate authority on any

matter connected with the provision of such health care (including, in

particular, advice on any changes which it thinks should be made to the

standards under section 45 or 46 for the purpose of securing improvement in

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the quality of the health care).

 

 

 
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