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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

127

 

111        

In section 42 (power to extend the application of Part 2), in subsection

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

112        

In section 121 (general interpretation), in subsection (1), in the definition of

“National Health Service body”, after “National Health Service trust,” there

is inserted “an NHS foundation trust,”.

5

The Freedom of Information Act 2000 (c. 36)

113        

The Freedom of Information Act 2000 is amended as follows.

114        

In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is

inserted—

“40A       

An NHS foundation trust.”

10

The Health and Social Care Act 2001 (c. 15)

115        

The Health and Social Care Act 2001 is amended as follows.

116        

In section 7 (functions of overview and scrutiny committees)—

(a)   

in subsection (3)(b), at the end there is inserted “or to the

Independent Regulator of NHS Foundation Trusts (“the

15

regulator”)”,

(b)   

in subsection (3)(c), at the end there is inserted “(including provision

as to circumstances in which the relevant authority or the regulator

may require consultation on those matters in accordance with the

regulations)”,

20

(c)   

in subsection (4), for “or NHS trust” there is substituted “, NHS trust

or NHS foundation trust”.

117        

In section 28 (pilot schemes: local pharmaceutical services), in subsection (7),

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

118        

In section 33 (NHS contracts), in subsection (1), after “body corporate” there

25

is inserted “(other than an NHS foundation trust)”.

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

119        

The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

120        

In Schedule 4 (extension of existing disclosure powers), at the end of Part 1

there is inserted—

30

“53A       

Paragraph 8(1) of Schedule 4 to the Health and Social Care

(Community Health and Standards) Act 2003.”

The International Development Act 2002 (c. 1)

121        

The International Development Act 2002 is amended as follows.

122        

In Schedule 1 (statutory bodies to which section 9 applies), there is inserted

35

at the appropriate place—

           

“An NHS foundation trust”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Audit of accounts of NHS foundation trusts

128

 

The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

123        

The National Health Service Reform and Health Care Professions Act 2002

is amended as follows.

124        

In section 23 (joint working with the prison service), in subsection (5), in the

definition of “NHS bodies”, after “NHS trusts,” there is inserted “NHS

5

foundation trusts,”.

The Adoption and Children Act 2002 (c. 38)

125        

The Adoption and Children Act 2002 is amended as follows.

126        

In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS

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

10

The Nationality, Immigration and Asylum Act 2002 (c. 41)

127        

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

128        

In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph

(ii) there is inserted—

“(iia)   

an NHS foundation trust,”.

15

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

129        

The Community Care (Delayed Discharges etc.) Act 2003 is amended as

follows.

130        

In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in

subsection (1), in paragraph (a) of the definition of “NHS body”, after

20

“trust;” there is inserted—

“(ab)   

an NHS foundation trust;”.

Schedule 4

Section 38

 

Audit of accounts of NHS foundation trusts

General duty

25

1          

In auditing the accounts of any NHS foundation trust an auditor must by

examination of the accounts and otherwise satisfy himself—

(a)   

that they are prepared in accordance with directions under

paragraph 24 of Schedule 1,

(b)   

that they comply with the requirements of all other provisions

30

contained in, or having effect under, any enactment which are

applicable to the accounts,

(c)   

that proper practices have been observed in the compilation of the

accounts, and

(d)   

that the trust has made proper arrangements for securing economy,

35

efficiency and effectiveness in its use of resources.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Audit of accounts of NHS foundation trusts

129

 

Right to documents and information

2     (1)  

An auditor of an NHS foundation trust has a right of access at all reasonable

times to every document relating to the trust which appears to him

necessary for the purposes of his functions under Part 1.

      (2)  

The auditor may—

5

(a)   

require a person holding or accountable for any such document to

give him such information and explanation as he thinks necessary

for the purposes of his functions under Part 1,

(b)   

if he thinks it necessary, require the person to attend before him in

person to give the information or explanation or to produce the

10

document.

      (3)  

The auditor may also—

(a)   

require any director or officer of the trust to give him such

information or explanation as he thinks necessary for the purposes of

his functions under Part 1,

15

(b)   

if he thinks it necessary, require the director or officer to attend

before him in person to give the information or explanation.

      (4)  

The trust must provide the auditor with every facility and all information

which he may reasonably require for the purposes of his functions under

Part 1.

20

  This sub-paragraph does not affect the generality of sub-paragraphs (1) to

(3).

      (5)  

A person who without reasonable excuse fails to comply with any

requirement of an auditor of an NHS foundation trust under any of sub-

paragraphs (1) to (3) is guilty of an offence.

25

      (6)  

A person guilty of an offence under sub-paragraph (5) is liable on summary

conviction—

(a)   

to a fine not exceeding level 3 on the standard scale, and

(b)   

to an additional fine not exceeding £20 for each day on which the

offence continues after conviction for the offence.

30

      (7)  

Any expenses incurred by an auditor of an NHS foundation trust in

connection with proceedings for an offence under sub-paragraph (6) alleged

to have been committed in relation to the audit of the accounts of the trust,

so far as not recovered from any other source, are recoverable from the trust.

Reports

35

3          

In auditing the accounts of an NHS foundation trust, the auditor must

consider—

(a)   

whether, in the public interest, he should make a report on any

matter coming to his notice in the course of the audit, in order for it

to be considered by the trust or brought to the attention of the public,

40

and

(b)   

whether the public interest requires any such matter to be made the

subject of an immediate report rather than of a report to be made at

the conclusion of the audit.

4     (1)  

When an auditor of an NHS foundation trust has concluded his audit of the

45

trust’s accounts, he must enter on the accounts—

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 4 — Audit of accounts of NHS foundation trusts

130

 

(a)   

a certificate that he has completed the audit in accordance with Part

1, and

(b)   

his opinion on the accounts.

      (2)  

But where the auditor makes a report to the board of governors and board

of directors of the trust under paragraph 3 at the conclusion of the audit, he

5

may instead include the certificate and his opinion in that report.

5     (1)  

Any report under paragraph 3 must be sent by the auditor to the board of

governors and board of directors of the trust and to the regulator—

(a)   

at once if it is an immediate report,

(b)   

otherwise not later than 14 days after conclusion of the audit.

10

      (2)  

The directors must take the report into consideration as soon as practicable

after receiving it.

Referral to regulator

6          

If the auditor of an NHS foundation trust has reason to believe that the trust

or a director or officer of the trust—

15

(a)   

is about to make, or has made, a decision which involves or would

involve the incurring of expenditure which is unlawful, or

(b)   

is about to take, or has taken, a course of action which, if pursued to

its conclusion, would be unlawful and likely to cause a loss or

deficiency,

20

           

he must refer the matter at once to the regulator.

Audit of accounts of directors or officers

7     (1)  

Where a director or officer of an NHS foundation trust receives money or

other property—

(a)   

on behalf of the trust, or

25

(b)   

for which he ought to account to the trust,

           

the accounts of the director or officer are to be audited by the auditor of the

accounts of the trust.

      (2)  

The accounts of the director or officer are to be made up to 31st March.

      (3)  

Paragraph 23(4) of Schedule 1 and paragraphs 1 to 5 of this Schedule apply

30

with the necessary modifications to the audit under this paragraph.

Restriction on disclosure of information

8     (1)  

No information relating to an NHS foundation trust or other person and

obtained by an auditor (or by a person acting on the auditor’s behalf) under

Part 1 or in the course of an audit under that Part is to be disclosed except—

35

(a)   

with the consent of the person to whom the information relates,

(b)   

for the purposes of any functions of an auditor of an NHS foundation

trust ,

(c)   

for the purposes of the functions of the regulator,

(d)   

for the purposes of the functions of the Comptroller and Auditor

40

General under Part 1,

(e)   

for the purposes of the functions of the Commission for Healthcare

Audit and Inspection under Part 2,

(f)   

for the purposes of any criminal proceedings.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

131

 

      (2)  

A person who discloses information in contravention of sub-paragraph (1)

is guilty of an offence.

      (3)  

A person guilty of an offence under sub-paragraph (2) is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding

six months or to a fine not exceeding the statutory maximum (or to

5

both),

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine (or to both).

Schedule 5

Section 41(2)

 

CHAI: supplementary

10

Status

1     (1)  

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

on behalf of, the Crown.

15

General powers and duties

2     (1)  

The CHAI may do anything which appears to it to be necessary or expedient

for the purpose of, or in connection with, the exercise of its functions.

      (2)  

That includes, in particular—

(a)   

co-operating with other public authorities in the United Kingdom,

20

(b)   

acquiring and disposing of land and other property,

(c)   

entering into contracts, and

(d)   

providing training.

      (3)  

It is the duty of the CHAI to carry out its functions effectively, efficiently and

economically.

25

Chairman and other members

3     (1)  

The CHAI is to consist of—

(a)   

a person appointed as chairman by the body specified in section

187(3),

(b)   

a member appointed by the Assembly who appears to the Assembly

30

to be suited to make the interests of Wales his special care, and

(c)   

other members appointed by the Secretary of State.

      (2)  

The Secretary of State may in the prescribed manner remove from office any

person appointed by him under sub-paragraph (1)(a) or (c) if (and only if) he

is satisfied that one of the conditions specified in sub-paragraph (4) is

35

satisfied in relation to that person.

      (3)  

The Assembly may in the prescribed manner remove from office the person

appointed by it under sub-paragraph (1)(b) if (and only if) the Assembly is

satisfied that one of the conditions specified in sub-paragraph (4) is satisfied

in relation to that person.

40

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

132

 

      (4)  

The conditions referred to in sub-paragraphs (2) and (3) above in relation to

a person are that—

(a)   

he is unable or unfit to carry out the duties of his office;

(b)   

he is failing to carry out the duties of his office;

(c)   

he has become disqualified from holding office.

5

      (5)  

The Secretary of State may by regulations make provision as to—

(a)   

the appointment of the chairman and other members (including the

number, or limits on the number, of members who may be appointed

and any conditions to be fulfilled for appointment), and

(b)   

subject to this paragraph, the tenure of office of the chairman and

10

other members (including the circumstances in which they cease to

hold office, become disqualified from holding office or may be

suspended from office).

      (6)  

Regulations under sub-paragraph (5)(b) relating to the suspension of a

person from office may only provide for suspension where it appears to the

15

Secretary of State (or, in the case of a person appointed under sub-paragraph

(1)(b), the Assembly) that one of the conditions referred to in sub-paragraph

(4) is or may be satisfied in relation to that person.

      (7)  

The Secretary of State must consult the Assembly before exercising any of

his functions under this paragraph.

20

      (8)  

The Assembly must consult the Secretary of State before exercising any of its

functions under the preceding provisions of this paragraph.

      (9)  

The Assembly may direct a Special Health Authority to exercise any

function conferred on it by or under this paragraph.

     (10)  

If directions are given under sub-paragraph (9), the 1977 Act has effect as

25

if—

(a)   

the directions were directions under section 16D of that Act for the

exercise of functions relating to the health service and, accordingly,

(b)   

the functions were exercisable by the Special Health Authority under

that section.

30

Remuneration of chairman and other members

4     (1)  

The CHAI may pay to its chairman, or to any other member, such

remuneration and allowances as the Secretary of State may determine.

      (2)  

If the Secretary of State so determines, the CHAI must pay or make

provision for the payment of such pension, allowance or gratuities as the

35

Secretary of State may determine to or in respect of a person who is or has

been the chairman or other member of the CHAI.

      (3)  

If the Secretary of State determines that there are special circumstances that

make it right for a person ceasing to hold office as chairman of the CHAI to

receive compensation, the CHAI must pay to him, or make provision for the

40

payment to him of, such compensation as the Secretary of State may

determine.

      (4)  

The Secretary of State must consult the Assembly before exercising any of

his functions under this paragraph.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

133

 

Employees

5     (1)  

The CHAI must appoint a chief executive (to be known as the “Chief

Inspector of Healthcare”), who is to be an employee of the CHAI.

      (2)  

The CHAI may appoint such other employees as it considers appropriate.

      (3)  

Employees of the CHAI are to be appointed on such terms and conditions as

5

it may determine.

      (4)  

Without prejudice to its other powers, the CHAI may pay, or make

provision for the payment of—

(a)   

pensions, allowances or gratuities, or

(b)   

compensation for loss of employment or reduction of remuneration,

10

           

to or in respect of its employees.

Procedure

6     (1)  

The CHAI may—

(a)   

appoint such committees and sub-committees (which may consist of

or include persons who are not members of the CHAI) as it thinks fit;

15

(b)   

pay such remuneration and allowances to members of its committees

and sub-committee as it thinks fit.

      (2)  

The CHAI may in all other respects regulate its own procedure.

      (3)  

The validity of the proceedings of the CHAI is not affected by any defect in

the appointment of a member or any vacancy in membership.

20

Discharge of functions

7     (1)  

The CHAI may arrange for—

(a)   

any of its committees, sub-committees, members or employees, or

(b)   

any other person,

           

to exercise any of its functions on its behalf.

25

      (2)  

If the CHAI arranges for the discharge of any function as mentioned in sub-

paragraph (1)(b), the arrangements may include provision with respect to

the payment of remuneration and allowances to, or amounts in respect of,

such persons.

Assistance

30

8     (1)  

The CHAI may arrange for such persons as it thinks fit to assist it in the

discharge of any of its functions in relation to a particular case or class of

case.

      (2)  

Such arrangements may include provision with respect to the payment of

remuneration and allowances to, or amounts in respect of, such persons.

35

Payments and loans

9     (1)  

The Secretary of State may make payments out of money provided by

Parliament to the CHAI of such amounts, at such times and on such

conditions (if any) as he considers appropriate.

 

 

 
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