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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Clause 16

 

THE EARL HOWE
THE BARONESS NOAKES

197Page 8, line 2, after "property" insert "otherwise than as part of an externally financed development agreement (as defined in section 11(3))"
198Page 8, line 7, at end insert "but does not include property acquired subsequent to the date of its establishment as an NHS foundation trust"
 

THE LORD WARNER

199*Page 8, line 8, leave out "he" and insert "it"
200*Page 8, line 11, at end insert "or
"(   )  for the purpose of doing anything which the trust is required to do under section 14(6)"
 

THE EARL HOWE
THE BARONESS NOAKES

201Page 8, line 11, at end insert—
"(   )  The regulator must consider any representations made by an NHS foundation trust before designating property as protected."
202Page 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."
 

THE LORD WARNER

203*Page 8, line 12, leave out "he" and insert "it"
 

THE EARL HOWE
THE BARONESS NOAKES

204*Leave out Clause 16
 

Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES

205Page 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."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

206*Page 8, line 18, 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

207Page 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."
 

THE BARONESS FINLAY OF LLANDAFF

208*Page 8, line 28, leave out "with its functions" and insert "with functions within the terms of its authorisation"
 

THE EARL HOWE
THE BARONESS NOAKES

209Page 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."
210*Leave out Clause 17
 

Clause 18

 

THE EARL HOWE
THE BARONESS NOAKES

211Page 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."
212Page 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."
213*Leave out Clause 18
 

Clause 19

 

THE LORD WARNER

214*Page 9, line 8, leave out "to him which he" and insert "which the regulator"
215*Page 9, line 8, leave out "his" and insert "its"
 

THE EARL HOWE
THE BARONESS NOAKES

216*Leave out Clause 19
 

Clause 20

 

THE EARL HOWE
THE BARONESS NOAKES

217*Leave out Clause 20
 

Clause 21

 

THE EARL HOWE
THE BARONESS NOAKES

218*Leave out Clause 21
 

Clause 22

 

THE EARL HOWE
THE BARONESS NOAKES

219*Leave out Clause 22
 

Clause 23

 

THE LORD WARNER

220*Page 10, line 8, leave out "he" and insert "the regulator"
221*Page 10, line 10, leave out "He" and insert "The regulator"
222*Page 10, line 11, leave out "he" and insert "the regulator"
 

THE EARL HOWE
THE BARONESS NOAKES

223*Leave out Clause 23
 

Clause 24

 

THE LORD WARNER

224*Page 10, line 23, leave out "he" and insert "it"
 

THE EARL HOWE
THE BARONESS NOAKES

225Page 10, line 23, leave out "may" and insert "must"
226Page 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."
227*Leave out Clause 24
 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES

228Page 11, line 6, at end insert—
"(   )  An order under subsection (3) may not transfer assets or liabilities to any person without his consent."
229Page 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."
230Page 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."
231*Leave out Clause 25
 

Schedule 3

 

THE EARL HOWE
THE BARONESS NOAKES

232*Leave out Schedule 3
 

Clause 26

 

THE LORD WARNER

233*Page 11, line 20, leave out subsections (3) and (4)
 

THE EARL HOWE
THE BARONESS NOAKES

234*Leave out Clause 26
 

Clause 27

 

THE LORD WARNER

235*Page 12, line 16, leave out "he" and insert "the regulator"
236*Page 12, line 20, leave out from beginning to "will" in line 21 and insert "the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency"
237*Page 12, line 25, leave out "he" and insert "the regulator"
238*Page 12, line 25, at end insert—
"(   )  In deciding whether it is satisfied as to the matters referred to in subsection (5)(c), the regulator is to consider (among other things)—
(a)  any report or recommendation in respect of either of the applicants made by the Commission for Healthcare Audit and Inspection,
(b)  the financial position of the applicants."
239*Page 12, line 28, leave out "he" and insert "it"
 

THE EARL HOWE
THE BARONESS NOAKES

240*Leave out Clause 27
 

Clause 28

 

THE LORD WARNER

241*Page 13, line 2, leave out subsection (4)
 

THE EARL HOWE
THE BARONESS NOAKES

242*Leave out Clause 28
 

Clause 29

 

THE EARL HOWE
THE BARONESS NOAKES

243*Leave out Clause 29
 

Clause 30

 

THE EARL HOWE
THE BARONESS NOAKES

244*Leave out Clause 30
 

Clause 31

 

THE LORD WARNER

245*Page 13, line 21, at end insert—
"(   )  In section 15 (establishment of Patients Forums), after subsection (2) there is inserted—
    "(1A)  The Secretary of State shall also establish a Patients' Forum for each NHS foundation trust, unless a resolution of the board of governors of the trust under section 18A has had effect.
    (1B)  In relation to a Patients' Forum established by virtue of subsection (1A) references in this Part to the trust, or NHS trust, for which it is established shall be read as references to the NHS foundation trust.""
     

    THE LORD CLEMENT-JONES
    THE BARONESS BARKER

    246*Page 13, line 22, leave out subsection (2) and insert—
    "(2)  In section 15 (establishment of patients' forums) in subsection (1), after paragraph (b) there is inserted "and
    (c)  for each foundation trust.""
    247*Page 13, line 29, after "reports)" insert—
    "(a)  in subsection (2)(c)(ii) after "NHS trust" there is inserted "or foundation trust";"
     

    THE LORD WARNER

    248*Page 13, line 32, at end insert—
    "(   )  After section 18 there is inserted—
      "18APower of NHS foundation trusts to dissolve Patients' Forum
      (1)  Subsection (2) applies where the board of governors of an NHS foundation trust is satisfied that adequate arrangements are in place to secure the performance of functions corresponding to those of the Patients' Forum for that trust.
      (2)  The board may pass a resolution to dissolve the Patients' Forum with effect from a specified date.
      (3)  The date so specified must be not less than three months after the date on which the resolution is passed.
      (4)  The resolution must be passed at a general meeting by not less than three quarters of the members of the board.
      (5)  Before passing a resolution, the board must consult the members of the trust and its Patients' Forum.
      (6)  The board may not pass a resolution until the end of the period of twelve months beginning with the date of the trust's authorisation to become an NHS foundation trust.""
    249*Page 13, line 32, at end insert—
    "(   )  In section 19 (supplementary), in subsection (2)—
    (a)  in paragraph (k), after "an NHS trust," there is inserted "an NHS foundation trust,",
    (b)  in paragraph (p), after "NHS trusts," there is inserted "NHS foundation trusts,"."
     

    THE LORD CLEMENT-JONES
    THE BARONESS BARKER

    250*Page 13, line 32, 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"."
     

    THE EARL HOWE
    THE BARONESS NOAKES

    251*Leave out Clause 31

 
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5 November 2003