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Health and Social Care (Community Health and Standards) Bill


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

120

 

33         

In section 84 (inquiries), in subsection (1), at the end there is inserted “or Part

1 of the Health and Social Care (Community Health and Standards) Act

2003”.

34         

In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust”

(in each place) there is inserted “NHS foundation trust”.

5

35         

In section 92 (further transfers of trust property)—

(a)   

in subsection (1A), after “NHS trust” (in both places) there is inserted

“NHS foundation trust”,

(b)   

in subsection (7), before “a Primary Care Trust” there is inserted “an

NHS foundation trust and”.

10

36         

In section 96 (trusts: supplementary provisions), any reference to sections 90

to 95 of the 1977 Act includes section 22(1) to (3) of this Act.

37         

In section 96A (powers of health bodies to raise money by appeals etc.), after

subsection (11) there is inserted—

“(12)   

This section has effect in relation to an NHS foundation trust as it has

15

effect in relation to an NHS trust, but as if the reference in subsection

(5A) to section 11(1) of the National Health Service and Community

Care Act 1990 included a reference to section 22 of the Health and

Social Care (Community Health and Standards) Act 2003.”

38         

In section 103 (special arrangement as to payment of remuneration), in

20

subsection (3)(a), after “NHS trust” there is inserted “or an NHS foundation

trust”.

39         

In section 105 (payments for certain medical examinations), in subsection

(2)(b), after “NHS trust,” there is inserted “NHS foundation trust,”.

40         

In section 122 (recovery of charges), in subsection (1), after “1990” there is

25

inserted “or Part 1 of the Health and Social Care (Community Health and

Standards) Act 2003”.

41         

In section 125 (protection of members and officers of authorities)—

(a)   

after paragraph (c) there is inserted—

“(d)   

an NHS foundation trust,”,

30

(b)   

for the words following “this Act” there is substituted “, the National

Health Service and Community Care Act 1990 and Part 1 of the

Health and Social Care (Community Health and Standards) Act

2003”.

42         

In section 128 (interpretation and construction), in subsection (1), in the

35

definition of “health service hospital”, for “or an NHS trust” there is

substituted “, an NHS trust or an NHS foundation trust”.

43         

In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust”

there is inserted “, an NHS foundation trust”.

44         

In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),

40

after “NHS trust” there is inserted “, an NHS foundation trust”.

45         

In Schedule 12A (expenditure of Health Authorities and Primary Care

Trusts), in paragraph 7(3), after “NHS trust” there is inserted “or an NHS

foundation trust”.

 

 

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

121

 

The Acquisition of Land Act 1981 (c. 67)

46    (1)  

An NHS foundation trust may be authorised to purchase land compulsorily

for the purposes of its functions by means of an order—

(a)   

made by the trust, and

(b)   

confirmed by the Secretary of State.

5

      (2)  

The Acquisition of Land Act 1981 is to apply to the compulsory purchase of

land under this paragraph.

      (3)  

But no order is to be made by an NHS foundation trust under Part 2 of that

Act with respect to any land unless the proposal to acquire it compulsorily—

(a)   

is submitted to the Secretary of State in such form, and together with

10

such information, as he may require, and

(b)   

is approved by him.

47         

The Acquisition of Land Act 1981 is amended as follows.

48         

In section 16 (statutory undertakers’ land excluded from compulsory

purchase), in subsection (3), after paragraph (b) there is inserted—

15

“(ba)   

an NHS foundation trust;”.

49         

In section 17 (local authority and statutory undertakers’ land), in subsection

(4), in the definition of “statutory undertakers”, after paragraph (aa) there is

inserted—

“(aab)   

an NHS foundation trust,”.

20

The Mental Health Act 1983 (c. 20)

50         

The Mental Health Act 1983 is amended as follows.

51         

In section 12 (general provisions as to medical recommendation), in

subsection (3), at the end there is inserted “or otherwise to be

accommodated, by virtue of an undertaking to pay in respect of the

25

accommodation, in a hospital vested in an NHS foundation trust”.

52         

In section 19 (regulations as to transfer of patients), in subsection (3), after

“National Health Service trust” (in both places) there is inserted “, NHS

foundation trust”.

53         

In section 23 (discharge of patients)—

30

(a)   

in subsection (3), after “National Health Service trust,” (in both

places) there is inserted “NHS foundation trust,”,

(b)   

in subsection (4), after “trust” (in the first place it occurs) there is

inserted “(other than an NHS foundation trust)”,

(c)   

after subsection (5), there is inserted—

35

“(6)   

The powers conferred by this section on any NHS foundation

trust may be exercised by any three or more non-executive

directors of the board of the trust authorised by the board in

that behalf.”

54         

In section 24 (visiting and examination by patients), in subsection (3), for “or

40

National Health Service trust” (in both places) there is substituted “,

National Health Service trust or NHS foundation trust”.

 

 

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

122

 

55         

In section 32 (regulations for purposes of Part 2), in subsection (3), for “or

National Health Service trusts” there is substituted “, National Health

Service trusts or NHS foundation trusts”.

56         

In section 139 (protection for acts done in pursuance of this Act), in

subsection (4), at the end there is inserted “or NHS foundation trust”.

5

57         

In section 145 (interpretation), in subsection (1), after paragraph (bb) of the

definition of “the managers” there is inserted—

“(bc)   

in relation to a hospital vested in an NHS foundation trust,

the trust;”.

The National Audit Act 1983 (c. 44)

10

58         

The National Audit Act 1983 is amended as follows.

59         

In section 6 (public departments etc.), in subsection (3)(b), at the end there is

inserted “and any NHS foundation trust”.

The Public Health (Control of Disease) Act 1984 (c. 22)

60         

The Public Health (Control of Disease) Act 1984 is amended as follows.

15

61         

In section 13 (regulations for control of certain diseases), in subsection (4)(a),

for “or National Health Service trusts” there is substituted “, National Health

Service trusts or NHS foundation trusts”.

62         

In section 37 (removal to hospital of person with notifiable disease), in

subsection (1)(c), after “NHS trust,” there is inserted “NHS foundation

20

trust,”.

63         

In section 41 (removal to hospital of inmate of common lodging-house with

notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted

“NHS foundation trust,”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

25

64         

The Disabled Persons (Services, Consultation and Representation) Act 1986

is amended as follows.

65         

In section 2 (rights of authorised representatives of disabled persons), in

subsection (5)(a), after “1990” there is inserted “or by an NHS foundation

trust”.

30

66         

In section 7 (persons discharged from hospital), in subsection (9), in the

definition of “the managers”—

(a)   

in paragraph (a)(i), after “National Health Service trust” there is

inserted “, an NHS foundation trust”,

(b)   

in paragraph (cc), after “that trust;” there is inserted—

35

“(cd)   

in relation to a hospital vested in an NHS foundation

trust, means the board of directors of that trust;”.

The Company Directors Disqualification Act 1986 (c. 46)

67         

The Company Directors Disqualification Act 1986 is amended as follows.

 

 

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

123

 

68         

After section 22B there is inserted—

“22C    

    Application of Act to NHS foundation trusts

(1)   

This Act applies to NHS foundation trusts as it applies to companies

within the meaning of this Act.

(2)   

References in this Act to a company, or to a director or officer of a

5

company, include, respectively, references to an NHS foundation

trust or to a director or officer of the trust; but references to shadow

directors are omitted.

(3)   

In the application of Schedule 1 to the directors of an NHS

foundation trust, references to the provisions of the Insolvency Act

10

or the Companies Act include references to the corresponding

provisions of Part 1 of the Health and Social Care (Community

Health and Standards) Act 2003.”

The AIDS (Control) Act 1987 (c. 33)

69         

The AIDS (Control) Act 1987 is amended as follows.

15

70         

In section 1 (periodical reports on matters relating to AIDS and HIV)—

(a)   

in subsection (1)(b)(iv), after “NHS trust” there is inserted—

“(iva)   

each NHS foundation trust;”,

(b)   

in subsection (2)(b), after “NHS Trust” there is inserted “, NHS

foundation trust”.

20

The Copyright, Designs and Patents Act 1988 (c. 48)

71         

The Copyright, Designs and Patents Act 1988 is amended as follows.

72         

In section 48 (material communicated to the Crown in the course of public

business), in subsection (6), after “1978” there is inserted “and an NHS

foundation trust”.

25

The Road Traffic Act 1988 (c. 52)

73         

The Road Traffic Act 1988 is amended as follows.

74         

In section 144 (exceptions from requirement of third-party insurance), in

subsection (2), after paragraph (db) there is inserted—

“(dc)   

to an ambulance owned by an NHS foundation trust, at a

30

time when the vehicle is being driven under the owner’s

control,”.

The Children Act 1989 (c. 41)

75         

The Children Act 1989 is amended as follows.

76         

In section 24 (persons qualifying for advice and assistance), in subsection

35

(2)(d)(ii), after “trust” there is inserted “or an NHS foundation trust”.

77         

In section 24C (information), in subsection (2)(c), after “trust” there is

inserted “or an NHS foundation trust”.

 

 

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

124

 

78         

In section 27 (co-operation between authorities), in subsection (3)(d), for “or

National Health Service trust” there is substituted “, National Health Service

trust or NHS foundation trust”.

79         

In section 47 (local authority’s duty to investigate), in subsection (11)(d), for

“or National Health Service trust” there is substituted “, National Health

5

Service trust or NHS foundation trust”.

80         

In section 80 (inspection of children’s homes etc. by persons authorised by

Secretary of State)—

(a)   

in subsection (1)(d), for “or National Health Service trust” there is

substituted “, National Health Service trust or NHS foundation

10

trust”,

(b)   

in subsection (5)(e), after “National Health Service trust” there is

inserted “, NHS foundation trust”.

81         

In section 85 (children accommodated by health authorities and local

education authorities), in subsection (1), after “National Health Service

15

trust” there is inserted “, NHS foundation trust”.

82         

In Schedule 2 (local authority support for children and families), in

paragraph 1A(3), after paragraph (b) there is inserted—

“(ba)   

every NHS foundation trust which manages a hospital

(within the meaning of the Health and Social Care

20

(Community Health and Standards) Act 2003) in the

authority’s area;”.

The National Health Service and Community Care Act 1990 (c. 19)

83         

The 1990 Act is amended as follows.

84         

In section 21 (schemes for meeting losses and liabilities etc. of certain health

25

service bodies)—

(a)   

in subsection (2), after “NHS trusts;” there is inserted—

“(ba)   

NHS foundation trusts;”,

(b)   

in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted

“, NHS trust or NHS foundation trust”,

30

(c)   

in subsection (4), at the end there is inserted—

   

“but the Secretary of State may not make a direction under

paragraph (a) above in relation to an NHS foundation trust”,

(d)   

in subsection (5), for “or NHS trust” there is substituted “, NHS trust

or NHS foundation trust”.

35

85         

In Schedule 2 (NHS trusts)—

(a)   

in the case of patients being provided with goods and services for the

purposes of the health service, paragraph 14 is to have effect in

relation to accommodation and further services made available to

them by an NHS foundation trust as it does in relation to

40

accommodation and services made available by NHS trusts,

(b)   

in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is

inserted—

“(bbd)   

an NHS foundation trust, or”,

 

 

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

125

 

(c)   

in paragraph 32, at the end there is inserted “or section 28 of the

Health and Social Care (Community Health and Standards) Act

2003”.

The Town and Country Planning Act 1990 (c. 8)

86         

Sections 238 to 240 of the Town and Country Planning Act 1990 (use and

5

development of consecrated land and burial grounds) apply to consecrated

land and land comprised in a burial ground which an NHS foundation trust

holds for any of its purposes as if—

(a)   

the trust were a statutory undertaker, and

(b)   

that land had been the subject of a relevant acquisition by the trust.

10

The Access to Health Records Act 1990 (c. 23)

87         

The Access to Health Records Act 1990 is amended as follows.

88         

In section 11 (interpretation), in the definition of “health service body”, the

“or” before paragraph (d) is omitted and after that paragraph there is

inserted—

15

“(e)   

an NHS foundation trust;”.

The Water Industry Act 1991 (c. 56)

89         

The Water Industry Act 1991 is amended as follows.

90         

In Schedule 4A (premises that are not to be disconnected for non-payment

of charges), in paragraph 16, at the end there is inserted “or by an NHS

20

foundation trust”.

The London Local Authorities Act 1991 (c. xiii)

91         

The London Local Authorities Act 1991 is amended as follows.

92         

In section 4 (interpretation of Part 2), in paragraph (d) of the definition of

“establishment for special treatment”, after “1990” there is inserted “or by an

25

NHS foundation trust”.

The Health Service Commissioners Act 1993 (c. 46)

93         

The Health Service Commissioners Act 1993 is amended as follows.

94         

In section 2 (the bodies subject to investigation), in subsection (1), after

paragraph (da) there is inserted—

30

“(db)   

NHS foundation trusts,”.

The Vehicle Excise and Registration Act 1994 (c. 22)

95         

The Vehicle Excise and Registration Act 1994 is amended as follows.

96         

In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of

paragraph (b) there is inserted—

35

“(ba)   

an NHS foundation trust, or”.

 

 

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

126

 

The Value Added Tax Act 1994 (c. 23)

97         

The Value Added Tax Act 1994 is amended as follows.

98         

In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H),

after paragraph (e) there is inserted—

“(eaa)   

an NHS foundation trust;”.

5

The Employment Rights Act 1996 (c. 18)

99         

The Employment Rights Act 1996 is amended as follows.

100        

In section 50 (right to time off for public duties), in subsection (8), after

paragraph (a) there is inserted—

“(ab)   

an NHS foundation trust,”.

10

101        

In section 218 (change of employer), in subsection (10), after paragraph (c)

there is inserted—

“(ca)   

NHS foundation trusts,”.

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

102        

The Housing Grants, Construction and Regeneration Act 1996 is amended

15

as follows.

103        

In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust”

there is substituted “, NHS trust or NHS foundation trust”.

The Education Act 1996 (c. 56)

104        

The Education Act 1996 is amended as follows.

20

105        

In section 332 (duty of Health Authority, a Primary Care Trust or National

Health Service trust to notify parent etc.), in subsection (1), for “or a National

Health Service trust” there is substituted “, a National Health Service trust

or an NHS foundation trust”.

The Data Protection Act 1998 (c. 29)

25

106        

The Data Protection Act 1998 is amended as follows.

107        

In section 69 (meaning of “health professional”), in subsection (3), after

paragraph (f) there is inserted—

“(fa)   

an NHS foundation trust;”.

The Health Act 1999 (c. 8)

30

108        

The Health Act 1999 is amended as follows.

109        

In section 31 (arrangements between NHS bodies and local authorities), in

subsection (8), in the definition of “NHS body”, for “or NHS trust” there is

substituted “, NHS trust or NHS foundation trust”.

The Care Standards Act 2000 (c. 14)

35

110        

The Care Standards Act 2000 is amended as follows.

 

 

 
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