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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 1 — Independent Regulator of NHS Foundation Trusts

113

 

Schedules

Schedule 1

Section 1

 

Independent Regulator of NHS Foundation Trusts

Membership

1     (1)  

The regulator is to consist of a number of members (but not more than 5)

5

appointed by the Secretary of State.

      (2)  

One of the members is to be appointed as chairman and another as deputy

chairman.

      (3)  

The deputy chairman need not be appointed before the end of the period of

six months beginning with the establishment of the regulator.

10

Tenure of office

2     (1)  

A person is to hold and vacate office as a member in accordance with the

terms of his appointment.

      (2)  

But—

(a)   

he may at any time resign his office by giving notice to the Secretary

15

of State,

(b)   

the Secretary of State may at any time remove him from office on the

ground of incapacity or misbehaviour.

      (3)  

A person is not to be appointed as a member for a period of more than four

years.

20

      (4)  

A person who ceases to be a member is eligible for re-appointment.

Remuneration and pensions

3     (1)  

The regulator is to pay to the chairman—

(a)   

such remuneration, and

(b)   

such travelling and other allowances,

25

           

as the Secretary of State may determine.

      (2)  

The regulator is to pay to the members (other than the chairman) such

travelling and other allowances as the Secretary of State may determine.

      (3)  

In the case of any such person who holds or has held office as chairman as

the Secretary of State may determine, the regulator is to pay—

30

(a)   

such pension, allowance or gratuity to or in respect of him, or

(b)   

such contributions or payments towards provision for such a

pension, allowance or gratuity,

           

as the Secretary of State may determine.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 1 — Independent Regulator of NHS Foundation Trusts

114

 

Staff

4     (1)  

The regulator may, after consulting the Minister for the Civil Service as to

numbers and terms and conditions of service, employ such staff as the

regulator may determine.

      (2)  

The terms may include—

5

(a)   

provision for the payment of pensions, gratuities or allowances to, or

in respect of, any person who has ceased to be a member of the staff,

or

(b)   

provision for contributions or payments towards such provision.

Superannuation

10

5     (1)  

Sub-paragraph (2) applies where—

(a)   

a person is a participant in a scheme under section 1 of the

Superannuation Act 1972 (c. 11), and

(b)   

he is appointed as chairman or as a member of the staff.

      (2)  

In such a case the Minister for the Civil Service may determine that the

15

person’s term of office as chairman, or employment as a member of the staff,

is to be treated for the purposes of the 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 3(3) or 4(2)).

Procedure

20

6     (1)  

The regulator may regulate its own procedure and make any arrangements

it considers appropriate for the discharge of its functions.

      (2)  

The validity of any act of the regulator is not affected by any vacancy among

the members or by any defect in the appointment of any member.

Delegation of functions

25

7          

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

by—

(a)   

the chairman or deputy chairman or any committee,

(b)   

any member of the staff,

           

if authorised by the regulator (generally or specifically) for that purpose.

30

General powers

8     (1)  

The regulator may do anything which appears to it to be necessary or

desirable for the purposes of or in connection with the exercise of its

functions.

      (2)  

That includes in particular—

35

(a)   

acquiring and disposing of property,

(b)   

entering into contracts,

(c)   

accepting gifts of property,

           

and co-operating with other public authorities.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 1 — Independent Regulator of NHS Foundation Trusts

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Specific powers

9     (1)  

The regulator may with the consent of the Secretary of State borrow money

temporarily by way of overdraft, but may not otherwise borrow money.

      (2)  

The regulator may conduct, commission or assist the conduct of research.

Finance

5

10         

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

expenses.

Reports and other information

11    (1)  

As soon as possible after the end of each financial year, the regulator must—

(a)   

prepare an annual report on how it has exercised its functions during

10

the year, and

(b)   

prepare a report which provides an overall summary of accounts

sent to it by NHS foundation trusts during the year.

      (2)  

The regulator must—

(a)   

lay a copy of each report before Parliament, and

15

(b)   

once it has done so, send a copy of them 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.

12    (1)  

The regulator must keep accounts in such form as the Secretary of State may

20

direct.

      (2)  

The regulator must prepare in respect of each financial year annual accounts

in such form as the Secretary of State may direct.

      (3)  

The regulator must send copies of the annual accounts to the Secretary of

State and the Comptroller and Auditor General within such period after the

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end of the financial year to which the accounts relate as the Secretary of State

may direct. 

      (4)  

The Comptroller and Auditor General must examine, certify and report on

the annual accounts and must lay copies of them and of his report before

Parliament.

30

      (5)  

In paragraph 11 and this paragraph, “financial year” means—

(a)   

the period beginning with the establishment of the regulator and

ending with the next 31st March, and

(b)   

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

13         

The regulator must respond in writing to any recommendation which—

35

(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 its functions.

Seal and evidence

14         

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

40

of the chairman or deputy chairman or of any member of the staff who has

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 2 — Transfer of staff

116

 

been authorised by the regulator (whether generally or specifically) for that

purpose.

15         

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

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

is proved, taken to be so executed or signed.

5

General

      (1)  

The regulator is not to be regarded as the servant or agent of the Crown or

as enjoying any status, immunity or privilege of the Crown.

      (2)  

The regulator’s property is not to be regarded as property of, or property

held on behalf of, the Crown.

10

      (3)  

The regulator must exercise its functions effectively, efficiently and

economically.

Amendments

16         

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

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

15

the appropriate place—

   

“The Independent Regulator of NHS Foundation Trusts.”

17         

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

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

   

“Chairman or other member of the Independent Regulator of

20

NHS Foundation Trusts.”

18         

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—

   

“Chairman or other member of the Independent Regulator of

25

NHS Foundation Trusts.”

Schedule 2

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.

30

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.

35

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 3 — Amendments relating to NHS foundation trusts

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(b)   

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

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

5

objects to the transfer—

(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.

10

5          

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

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.

15

Schedule 3

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.

2          

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

20

“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

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

25

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

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

30

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.

8          

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

35

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

foundation trust”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 3 — Amendments relating to NHS foundation trusts

118

 

The Abortion Act 1967 (c. 87)

9          

The Abortion Act 1967 is amended as follows.

10         

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

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

trust”.

5

The Leasehold Reform Act 1967 (c. 88)

11         

The Leasehold Reform Act 1967 is amended as follows.

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

10

substituted “, any National Health Service trust and any NHS

foundation trust”,

(b)   

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

substituted “, National Health Service trust or NHS foundation

trust”.

15

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

13         

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

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

20

(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.

25

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

30

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

35

appropriate place—

         

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 3 — Amendments relating to NHS foundation trusts

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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),

after paragraph 8 there is inserted—

“8A        

An NHS foundation trust.”

5

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

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

made with NHS foundation trusts”.

10

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—

“(e)   

an NHS foundation trust”.

26         

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

15

subsection (3)—

(a)   

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

trusts and NHS foundation trusts”,

(b)   

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

there is substituted “, the National Health Service and Community

20

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”.

25

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

30

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”.

35

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

40

foundation trust”.

 

 

 
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