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 4

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 11, after "trust" insert "or Primary Care Trust"
Page 2, line 11, leave out from "trust" to end of line 12
 

Clause 5

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 36, leave out from "trust" to end of line 37
Leave out Clause 5
 

Clause 6

 

THE EARL HOWE
THE BARONESS NOAKES

Page 3, line 30, at end insert—
"(   )  the application is not objected to by the Secretary of State,"
Page 3, line 31, leave out paragraph (b)
Page 3, line 39, after "provide" insert—
"(   )  the applicant has met quality thresholds set by the regulator and reported on by the Commission for Healthcare Audit and Inspection,"
Page 3, line 39, after "provide" insert—
"(   )  the applicant has adequate financial controls and financial management procedures,"
Page 3, line 39, after "provide," insert—
"(   )  the applicant has met quality thresholds set by the regulator and reported on by the Commission for Healthcare Audit and Inspection,"
Page 3, line 43, leave out subsection (4) and insert—
"(4)  The application 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 11

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 25, at end insert "including the guarantee of any obligations of an NHS foundation trust"
Page 5, line 34, 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."
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 37, at end insert—
"(   )  For the purposes of this Act, "borrowing" includes committments 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 40, after "loans" insert "and in particular any generally accepted principles that apply to loans"
Page 5, line 40, at end insert "and have regard to the impact of private borrowing by foundation trusts on NHS trusts' access to capital"
Leave out Clause 12
 

Clause 13

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 15, 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 19, leave out subsection (3)
 

Clause 14

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 36, leave out "England" and insert "the United Kingdom"
Page 6, line 38, leave out ", subject to any restrictions in the authorisation"
 

THE LORD TURNBERG
THE BARONESS FINLAY OF LLANDAFF

Page 7, line 7, at end insert—
"(   )  The requirement referred to in subsection (6) will apply particularly to trusts which include a medical or dental school provided by a university."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 7, line 7, at end insert—
"(   )  In deciding whether or not to make a requirement under subsection (6) above, the regulator is to have regard to—
(a)  the availability of appropriately qualified staff, and
(b)  the adequacy of financial and other resources to enable the trust to meet the requirement."
Page 7, line 10, at end insert—
"(   )  the ability of the trust to provide the goods and services and in particular the availability of appropriately qualified staff;
(   )  the views of the trust, including the view of the members of the trust"
 

Clause 15

 

THE EARL HOWE
THE BARONESS NOAKES

Leave out Clause 15
 

Clause 16

 

THE EARL HOWE
THE BARONESS NOAKES

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

Page 8, line 18, 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 20, 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."
Page 8, line 28, 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 31, 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."
Page 8, line 31, 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."
 

Clause 24

 

THE EARL HOWE
THE BARONESS NOAKES

Page 10, line 23, leave out "may" and insert "must"
Page 10, line 26, 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."
 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES

Page 11, line 6, at end insert—
"(   )  An order under subsection (3) may not transfer assets or liabilities to any person without his consent."
Page 11, line 6, at end insert—
"(   )  The persons to which property is transferred under subsection (3) shall pay to the NHS foundation trust from which the property is transferred the fair value of the property less the amount of any liabilities transferred.
(   )  In any dispute as to the fair value of property the decision of the regulator shall be final."
Page 11, line 6, at end insert—
"(   )  Liabilities shall not be transferred under subsection (3) if the regulator expects that the NHS foundation trust will be unable to meet all of its liabilities before the trust is wound up."
 

Clause 36

 

THE EARL HOWE
THE BARONESS NOAKES

Leave out Clause 36
 

Schedule 6

 

THE EARL HOWE
THE BARONESS NOAKES

Page 132, line 13, leave out paragraph (a) and insert—
"(a)  a person appointed as chairman by the body specified in section 183(2B)"
Page 132, line 16, leave out "Secretary of State" and insert "body specified in section 183(2B)"
Page 133, line 13, leave out "as the Secretary of State may determine" and insert "as the CHAI may determine with the approval of the Secretary of State".
Page 133, line 14, leave out from the beginning to "pay" and insert " The CHAI may, with the approval of the Secretary of State,"
Page 133, line 15, leave out "the Secretary of State" and insert "it"
Page 134, line 29, 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."
 

Schedule 7

 

THE EARL HOWE
THE BARONESS NOAKES

Page 135, line 29, leave out "Secretary of State" and insert "body specified in section 183(2C)"
Page 136, line 11, leave out "as the Secretary of State may determine" and insert "as the CSCI may determine with the approval of the Secretary of State".
Page 136, line 12, leave out from beginning to "pay" and insert "The CHAI may, with the approval of the Secretary of State,"
Page 136, line 13, leave out "the Secretary of State" and insert "it"
Page 137, line 23, leave out sub-paragraph (3) and insert—
"(3)      The CSCI 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."

 
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©Parliamentary copyright 2003
4 November 2003