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(a) is consistent with the performance by the Secretary of State of the duties under sections 1, 3 and 51 of the National Health Service Act 1977 (c. 49) (duty as to health service and services generally and as to university clinical teaching and research), and
(b) has regard to the impact of an NHS foundation trust on the local health economy." The Commons disagree to this Amendment but propose the following Amendment to the words so restored to the Bill—


4APage 2, line 3, leave out "his" and insert "its"

Lord Warner: My Lords, I beg to move that the House do not insist on its Amendment No. 4 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill.

I want to make a speech of a couple of sentences and read out the vote on the amendment in the Commons. Three hundred and forty-six Members of the other place voted to restore the changes, with 242 against. If that is not the will of the Commons being very clearly expressed, I do not know what is.

Moved, That the House do not insist on its Amendment No. 4 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill.—(Lord Warner.)


4BLord Clement-Jones had given notice of his intention to move, as an amendment to the Motion that the House do not insist on its Amendment No. 4 and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 4".

The noble Lord said: My Lords, the only reason for my rising is so that the Minister does not win the moral argument. The vote may have been as it was in the Commons after all the excitement of votes on Clause 1 and Schedule 1. However, there remains a concern about the impact of foundation trusts on the local health economy and that is precisely why the Government achieved the low majority in the other place. It is also why this House remains concerned and why the previous vote went the way that it did. However, in these circumstances, I shall not move my amendment.

[Amendment No. 4B not moved.]

On Question, Motion agreed to.

19 Nov 2003 : Column 2026

LORDS AMENDMENT

5After Clause 3, insert the following new clause— "Appeals


    The Secretary of State may provide in regulations that decisions of the regulator are to be subject to specified appeal or review mechanisms."


    The Commons disagree to this amendment for the following reason—


5ABecause it is not necessary to have special mechanisms for appeals against or reviews of the regulator's decisions.

Lord Warner: My Lords, I beg to move that the House do not insist in its Amendment No. 5, to which the Commons have disagreed for their reason numbered 5A. I have spoken to these amendments already. I beg to move.

Moved, That the House do not insist in its Amendment No. 5, to which the Commons have disagreed for their reason numbered 5A.—(Lord Warner.)

On Question, Motion agreed to.

LORDS AMENDMENT

26Clause 12, page 5, line 33, at end insert— "( ) In making the code the regulator shall ensure that the economic effect of all commitments to make payments over periods exceeding one year is taken into account."


    The Commons disagree to this amendment for the following reason—


26ABecause the provision is not necessary for a borrowing code.

Lord Warner: My Lords, I have spoken to this amendment with Amendment No. 5. I beg to move.

Moved, That the House do not insist on its Amendment No. 26, to which the Commons have disagreed for their reason numbered 26A.—(Lord Warner.)

On Question, Motion agreed to.

LORDS AMENDMENT

28Clause 15, page 7, line 27, leave out subsections (2) and (3) The Commons disagree to this amendment for the following reason—


28ABecause the regulator should be required to place restrictions on private health care.

Lord Warner: My Lords, I beg to moved that the House do not insist on its Amendment No. 28 to which the Commons have disagreed for their reason numbered 28A.

Moved, That the House do not insist on its Amendment No. 28 to which the Commons have disagreed for their reason numbered 28A.—(Lord Warner.)


28BEarl Howe had given notice of his intention to move, as an amendment to the Motion that the House do not insist on its Amendment No. 28 to which the Commons have disagreed for their Amendment No. 28A, leave out "not".

The noble Earl said: My Lords, although I have tabled Amendment No. 28B, I do not intend to move it.

19 Nov 2003 : Column 2027

[Amendment No. 28B not moved.]

LORDS AMENDMENT

29Clause 15, page 7, line 38, at end insert— "( ) Every NHS foundation trust shall publish a statement of its total income and expenditure relating to the goods and services referred to in subsection (4) in each financial year."


    The Commons disagree to this amendment for the following reason—


29ABecause it is unnecessary.

Lord Warner: My Lords, I beg to move that the House do not insist on its Amendment No. 29 to which the Commons have disagreed for their reason numbered 29A. Again, for the interest of the House, perhaps I may record that the vote in the Commons was 349 for this change and 217 against. So the will of the Commons has been very clearly expressed.

Moved, That the House do not insist on its Amendment No. 29 to which the Commons have disagreed for their reason numbered 29A.—(Lord Warner.)


29BLord Clement-Jones had given notice of his intention to move, as an amendment to the Motion that the House do not insist on its Amendment No. 29 to which the Commons have disagreed for their Amendment No. 29A, leave out "not".

Lord Clement-Jones: My Lords, I believe that the Government well understand the need for this particular provision. However, in the circumstances, I do not propose to move the amendment.

[Amendment No. 29B not moved.]

On Question, Motion agreed to.

LORDS AMENDMENT

56After Clause 34, insert the following new clause— "Conduct of elections


    (1) Regulations may make provision as to the conduct of elections for membership of the board of governors of an NHS foundation trust.


    (2) The regulations may in particular provide for—


(a) nomination of candidates and obligations to declare their interests,
(b) systems and methods of voting, and the allocation of places on the board of governors, at contested elections,
(c) filling of vacancies,
(d) supervision of elections,
(e) election expenses and publicity,
(f) questioning of elections and the consequences of irregularities. (3) An NHS foundation trust must secure that its constitution is in accordance with regulations under this section.


    (4) Pending the coming into force of regulations under this section, elections for membership of the board of governors of an NHS foundation trust, if contested, must be by secret ballot."

19 Nov 2003 : Column 2028


    The Commons agree to this amendment with the following amendment—


56ALine 12, at end insert—
"( ) Regulations under this section may create offences punishable on summary conviction with a maximum fine not exceeding level 4 on the standard scale"

Lord Warner: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 56A to Lords Amendment No. 56.

Moved, That the House do agree with the Commons in their Amendment No. 56A to Lords Amendment No. 56.—(Lord Warner.)

On Question, Motion agreed to.

LORDS AMENDMENT

57Clause 35, page 14, line 18, leave out from "form" to end of line 19 and insert "of the particulars of his qualification to vote as a member of the constituency for which the election is being held" The Commons agree to this amendment with the following amendment—


57ALine 2, after "constituency", insert "or class within a constituency"

Lord Warner: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 57A to Lords Amendment No. 57.

Moved, That the House do agree with the Commons in their Amendment No. 57A to Lords Amendment No. 57.—(Lord Warner.)

On Question, Motion agreed to.

LORDS AMENDMENT

59Page 14, line 22, leave out "relevant constituency" and insert "constituency for which the election is being held" The Commons agree to this amendment with the following amendment—


59ALine 1, after "constituency", insert "or class within a constituency"

Lord Warner: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 59A to Lords Amendment No. 59.

Moved, That the House do agree with the Commons in their Amendment No. 59A to Lords Amendment No. 59.—(Lord Warner.)

On Question, Motion agreed to.


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