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Earl Howe: My Lords, it is very good of the Minister to offer to give that explanation. However, in view of the Minister's earlier remarks, I am perfectly prepared to accept not only the letter but also the spirit of the amendments that he has tabled. I thank him for responding in this way to the decision of the House on Report. I am sure that the amendments will be extremely welcome to noble Lords on all sides of the House.

On Question, amendment agreed to.

Clause 195 [Orders and regulations]:

Lord Warner moved Amendment No. 28:


On Question, amendment agreed to.

Clause 199 [Commencement]:

Lord Warner moved Amendment No. 29:


    Page 110, line 22, leave out "section 57" and insert "sections 57 and 61"

The noble Lord said: My Lords, in moving Amendment No. 29, I wish to speak also to Amendment No. 30. As a consequence of the removal or addition of clauses to Part 2 I am tabling consequential amendments to the commencement of Part 2 provisions under Clause 199. These are technical amendments being made for purely practical purposes to ensure that the revised Bill can be commenced in the appropriate manner. I beg to move.

On Question, amendment agreed to.

Lord Warner moved Amendment No. 30:


    Page 110, line 23, leave out "and 139" and insert ", 139 and 141"

On Question, amendment agreed to.

Schedule 1 [Independent Regulator of NHS Foundation Trusts]:

Lord Warner moved Amendment No. 31:


    Page 114, line 5, leave out sub-paragraph (2).

The noble Lord said: My Lords, in moving Amendment No. 31, I wish to speak also to Amendments Nos. 32, 33, 34, 35, 36, 37 and 65.

18 Nov 2003 : Column 1900

Amendments Nos. 32 and 35 are technical amendments. They ensure that the chair of the Office of the Independent Regulator will have access to the Principal Civil Service Pension Scheme (PCSPS) if he has previously been a member of that scheme. The wording is taken from the Pensions Act 1995. Without this amendment there would have been doubt over his eligibility for the scheme if he were not already an active member on becoming the chair.

Amendment No. 37 amends the Superannuation Act 1972 by adding the Office of the Independent Regulator to the list of bodies that can admit employees to the Principal Civil Service Pension Scheme. Under the current arrangements in the Bill, staff transferring to the Office of the Independent Regulator who were already members of the scheme would be able to remain members of that scheme upon transfer. This amendment will ensure that all staff members will be able to join the Principal Civil Service Pension Scheme irrespective of whether they have previously contributed to the scheme.

Amendment No. 37 also ensures that the Minister for the Civil Service is reimbursed for expenses incurred in the participation of his staff in the Principal Civil Service Pension Scheme. Amendment No. 65 makes similar provision in respect of CHAI and CSCI. These are technical amendments and introduce standard wording for bodies that can admit members to the Principal Civil Service Pension Scheme.

Amendments Nos. 31, 33, 34 and 36 are consequential to Amendment No. 37. I beg to move.

On Question, amendment agreed to.

Lord Warner moved Amendments Nos. 32 to 37:


    Page 114, line 12, leave out "a participant in" and insert "an active or deferred member of"


    Page 114, line 14, leave out from "chairman" to end of line.


    Page 114, line 16, leave out from "chairman" to end of line.


    Page 114, line 18, leave out "was a participant" and insert "is a member"


    Page 114, line 19, leave out "or 4(2)"


    Page 114, line 19, at end insert—


"(3) Employment with the regulator is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c.11) can apply; and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
"The Independent Regulator of NHS Foundation Trusts".
(4) The regulator must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11)."

On Question, amendments agreed to.

The Deputy Speaker: My Lords, I have to point out that if Amendment No. 38 is agreed to, I cannot call Amendment No. 39 under the pre-emption rule.

18 Nov 2003 : Column 1901

Lord Warner moved Amendment No. 38:


    Page 115, line 11, leave out from "year" to end of line 13.

The noble Lord said: My Lords, we listened to the persuasive arguments of the noble Baroness, Lady Noakes, in Committee on the importance of a summarised account of NHS foundation trusts and responded by introducing amendments to this effect on Report.

However, the noble Baroness spotted a technical error in the government amendments—I am sure that my noble friend Lord McIntosh will look forward to her spotting similar amendments when she moves jobs—which meant that the summarised accounts of NHS foundation trusts would be one year in arrears. I should like to take this opportunity to thank the noble Baroness for her attention to detail.

Amendments Nos. 38, 40, 41 and 42 replace those made on Report, and ensure that the summary of NHS foundation trust accounts is prepared as soon as the regulator receives the accounts from individual NHS foundation trusts. Given that we have tabled these amendments which have a similar effect to Amendment No. 39, I hope that the noble Baroness will feel able to accept these amendments. I beg to move.

Baroness Noakes: My Lords, I just say thank you.

On Question, amendment agreed to.

Baroness Andrews moved Amendments Nos. 40 to 42:


    Page 115, line 15, leave out "each" and insert "the"


    Page 115, line 16, leave out "them" and insert "it"


    Page 115, line 16, at end insert—


"( ) The regulator must in respect of each financial year prepare a report which provides an overall summary of the accounts of NHS foundation trusts.
( ) The report must be prepared as soon as possible after the regulator has received the accounts of all NHS foundation trusts for the relevant financial year.
( ) The regulator must—
(a) lay a copy of the report before Parliament, and
(b) once it has done so, send a copy of it to the Secretary of State."

On Question, amendments agreed to.

Schedule 5 [CHAI: supplementary]:

The Deputy Speaker: My Lords, there is a printing error in Amendment No. 44. The amendment should refer to line 28 and not line 29. I shall therefore call Amendment No. 44 next. I shall then call Amendment No. 43.

Lord Warner moved Amendment No. 44:


    Page 131, line 29, leave out "body specified in section 187(3)" and insert "relevant Special Health Authority"

On Question, amendment agreed to.

[Amendment No. 43 not moved.]

18 Nov 2003 : Column 1902

Baroness Andrews moved Amendments Nos. 45 and 46:


    Page 131, line 30, leave out from first "the" to end of line and insert "relevant Special Health Authority who appears to that Authority"


    Page 131, line 32, leave out "Secretary of State" and insert "relevant Special Health Authority"

On Question, amendments agreed to.

[Amendment No. 47 not moved.]

Lord Warner moved Amendments Nos. 48 to 58:


    Page 131, line 32, at end insert—


"(1A) In paragraph (a) and (c) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that paragraph.
(1B) In paragraph (b) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Assembly to exercise the function of appointment under that paragraph." . Page 131, line 34, leave out "by him"


    Page 131, line 38, leave out "by it"


    Page 132, line 5, leave out "has become disqualified from holding office" and insert "is disqualified from holding office (or was disqualified at the time of his appointment)"


    Page 132, line 12, leave out "become" and insert "are"


    Page 132, line 18, at end insert—


"( ) The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (1A) to exercise so much of any function of his under sub-paragraph (2) or under regulations under sub-paragraph (5) as may be specified in the direction.
( ) The Assembly may direct the Special Health Authority referred to in sub-paragraph (1B) to exercise so much of any function of the Assembly under sub-paragraph (3) or under regulations under sub-paragraph (5) as may be specified in the direction.
( ) The Special Health Authority referred to in sub-paragraph (1A) must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the Special Health Authority referred to in sub-paragraph (1B) must consult the Secretary of State before exercising the function of appointment under sub-paragraph (1)(b)." Page 132, line 20, leave out "this paragraph" and insert "sub-paragraph (2) or (5)"


    Page 132, line 22, leave out "the preceding provisions of this paragraph" and insert "sub-paragraph (3) or (5)"


    Page 132, line 23, leave out sub-paragraph (9).


    Page 132, line 25, leave out "If directions are given under sub-paragraph (9)" and insert "Where directions are given under this paragraph to a Special Health Authority"


    Page 132, line 30, at end insert—


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