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 5

 

THE EARL HOWE
THE BARONESS NOAKES

149Page 2, line 36, leave out from "trust" to end of line 37
 

THE LORD WARNER

150Page 3, line 10, leave out "he" and insert "the regulator"
 

THE EARL HOWE
THE BARONESS NOAKES

151Leave out Clause 5
 

After Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

152Insert the following new Clause—
  "Public consultation
(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;
(b)  by regulations prescribe persons to be consulted which shall include—
(i)  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 and 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,
(ii)  the Patients' Forums for those NHS trusts and Primary Care Trusts, and
(iii)  local staff side trade unions and such other persons as the Secretary of State considers may be affected by the application.
(2)  Section 7 of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committee) is amended as follows.
(3)  In subsection (3) for "may" insert "shall".
(4)  In subsection (3)(b) at end insert "which shall include all matters prescribed under subsection (3)(c) below,".
(5)  In subsection (3)(c) at end insert "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003"."
 

Clause 6

 

THE LORD WARNER

153Page 3, line 27, leave out "he" and insert "the regulator"
 

THE EARL HOWE
THE BARONESS NOAKES

154Page 3, line 30, at end insert—
"(   )  the application is not objected to by the Secretary of State,"
155Page 3, line 31, leave out paragraph (b)
 

THE LORD WARNER

156Page 3, line 31, leave out from beginning to "will" in line 32 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"
 

THE EARL HOWE
THE BARONESS NOAKES

157Page 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,"
158Page 3, line 39, after "provide" insert—
"(   )  the applicant has adequate financial controls and financial management procedures,"
159[Unallocated]
 

THE LORD WARNER

160Page 3, line 40, leave out "he" and insert "the regulator"
161Page 3, line 40, at end insert—
"(   )  In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), the regulator is to consider (among other things)—
(a)  any report or recommendation in respect of the applicant made by the Commission for Healthcare Audit and Inspection,
(b)  the financial position of the applicant."
161A*Page 3, line 42, at end insert—
"(   )  The regulator must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
(a)  if the applicant is an NHS trust, the Patients' Forum for the trust and the staff employed by the trust,
(b)  individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(c)  any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
(d)  if the proposed constitution provides for a patients' constituency, individuals who would be able apply to become members of that constituency,
(e)  any persons prescribed by regulations."
 

THE EARL HOWE
THE BARONESS NOAKES

162Page 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."
 

THE LORD WARNER

162A*Page 3, line 43, leave out from "regulations" to "the" in line 44 and insert "make provision about consultation"
163Page 3, line 44, leave out "he" and insert "it"
164Page 4, line 1, leave out subsection (5)
 

THE EARL HOWE
THE BARONESS NOAKES

165Leave out Clause 6
 

Clause 7

 

THE LORD WARNER

166Page 4, line 16, at end insert—
"(   )  The validity of any act of an NHS foundation trust is not affected by any vacancy among the directors or by any defect in the appointment of any director."
 

THE EARL HOWE
THE BARONESS NOAKES

167Leave out Clause 7
 

Clause 8

 

THE LORD WARNER

168Page 4, line 24, leave out subsection (2)
 

THE EARL HOWE
THE BARONESS NOAKES

169Leave out Clause 8
 

Clause 9

 

THE LORD WARNER

170Page 4, line 30, leave out "him" and insert "it"
171Page 4, line 33, leave out "him" and insert "it"
172Page 4, line 37, leave out subsection (3)
 

THE EARL HOWE
THE BARONESS NOAKES

173Leave out Clause 9
 

Clause 10

 

THE LORD WARNER

174Page 5, line 2, leave out "registrar of companies" and insert "regulator"
175Page 5, line 9, at end insert—
"(   )  a copy of the latest document sent to the regulator under paragraph 26 of Schedule 1(forward planning)"
176Page 5, line 16, at end insert—
"(   )  Members of the public may inspect the register at any reasonable time.
(   )  Any person who requests it is to be provided with a copy of or extract from any document contained in the register on payment of a reasonable charge."
177Page 5, line 17, leave out subsections (4) and (5)
 

THE EARL HOWE
THE BARONESS NOAKES

178Leave out Clause 10
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

179Page 5, line 25, at end insert "including the guarantee of any obligations of an NHS foundation trust"
180Page 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."
181Leave out Clause 11
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES

182Page 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."
183Page 5, line 40, after "loans" insert "and in particular any generally accepted principles that apply to loans"
184Page 5, line 40, at end insert "and have regard to the impact of private borrowing by foundation trusts on NHS trusts' access to capital"
 

THE EARL HOWE
THE BARONESS NOAKES

185Leave out Clause 12
 

Clause 13

 

THE EARL HOWE
THE BARONESS NOAKES

186Page 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."
187Page 6, line 19, leave out subsection (3)
188Leave out Clause 13
 

Clause 14

 

THE EARL HOWE
THE BARONESS NOAKES

189Page 6, line 36, leave out "England" and insert "the United Kingdom"
190Page 6, line 38, leave out ", subject to any restrictions in the authorisation"
 

THE LORD TURNBERG
THE BARONESS FINLAY OF LLANDAFF
THE LORD HUNT OF KINGS HEATH
THE LORD CLEMENT-JONES

191Page 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

192Page 7, line 7, at end insert—
"(   )  In deciding whether or not to make a requirement under subsection (6), 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."
193Page 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,"
194Leave out Clause 14

 
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©Parliamentary copyright 2003
6 November 2003