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LORDS AMENDMENT

161Leave out Schedule 1 The Commons disagree to this amendment but propose the following amendments to the words so restored to the Bill—


161APage 108, line 11, leave out from beginning to end of line 8 on page 109 and insert—

"Eligibility for membership

3 (1) The persons who may become or continue as members of a public benefit corporation are—
(a) individuals who live in any area specified in the constitution as the area for a public constituency,

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(b) individuals employed by the corporation under a contract of employment and, if the constitution so provides, individuals who exercise functions for the purposes of the corporation otherwise than under a contract of employment with the corporation,
(c) if the constitution so provides, individuals who have attended any of the corporation's hospitals as either a patient or the carer of a patient within a period specified in the constitution.
(2) The constitution may specify one or more areas as areas for public constituencies, each of which must be an electoral area for the purposes of local government elections in England and Wales or an area consisting of two or more such electoral areas.
(3) A person may become or continue as a member of the corporation by virtue of sub-paragraph (1)(b) only if—
(a) he is employed by the corporation under a contract of employment which has no fixed term or has a fixed term of at least 12 months, or
(b) he has been continuously employed by the corporation for at least 12 months or, where he exercises functions for the purposes of the corporation as mentioned in that sub-paragraph, he has done so continuously for such a period.
Chapter 1 of Part 14 of the Employment Rights Act 1996 (c. 18) applies for the purpose of determining whether an individual has been continuously employed by the corporation, or has continuously exercised functions for the purposes of the corporation, as it applies for the purposes of that Act.
(4) The constitution may divide those who come within sub-paragraph (1)(b) into two or more descriptions of individuals.
(5) An individual providing care in pursuance of a contract (including a contract of employment), or as a volunteer for a voluntary organisation, does not come within sub-paragraph (1)(c).
A voluntary organisation is a body, other than a public or local authority, the activities of which are not carried on for profit.
(6) The constitution may divide those who come within sub-paragraph (1)(c) into three or more descriptions of individuals, one of which is to comprise the carers of patients.
(7) The constitution may make further provision as to the circumstances in which a person may not become or continue as a member.
Constituencies

4 (1) Members of a public benefit corporation are referred to as follows.
(2) Those who live in an area specified in the constitution as an area for any public constituency are referred to collectively as a public constituency.
(3) Those who come within paragraph 3(1)(b) are referred to collectively as the staff constituency and, if the power in paragraph 3(4) is exercised, each description of members is referred to as a class within that constituency.
(4) Those who come, within paragraph 3(1)(c) are referred to collectively as the patients' constituency and, if the power in paragraph 3(6) is exercised, each description of members is referred to as a class within that constituency.
(5) A person who is a member of a constituency, or of a class within a constituency, may not while that membership continues be a member of any other constituency or class.
(6) A person who comes within paragraph 3(1)(b) may not become or continue as a member of any constituency other than the staff constituency.
5 The constitution is to require a minimum number of members of each constituency or, where there are classes within the constituency, of each class.
Becoming a member

5A (1) An individual who is eligible to become a member of a public benefit corporation may do so on an application made to the corporation.

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(2) The constitution may provide for any individual who is—
(a) eligible to become a member of the staff constituency, and
(b) invited by the corporation to become a member of that constituency (and, where there are classes within the constituency, as a member of the appropriate class), to become a member of the corporation as a member of that constituency (and class) without an application being made, unless he informs the corporation that he does not wish to do so.
(3) The constitution may provide for any individual who is—
(a) eligible to become a member of the patients' constituency (otherwise than as the carer of a patient), and
(b) invited by the corporation to become a member of a specified constituency (and where there are classes within the constituency, a member of the specified class), to become a member of the corporation as a member of that constituency (and class) without an application being made, unless he informs the corporation that he does not wish to do so.
(4) The constituency and, where applicable, class to be specified—
(a) if he is eligible to be a member of any public constituency, is that constituency,
(b) otherwise, is the patients' constituency and, where applicable, the class of which he is eligible to become a member"
161BPage 109, leave out lines 15 to 17 and insert—
"(4) Members of a constituency or, where there are classes within it, members of each class may elect any of their number to be a member of the board"
161CPage 109, leave out line 32 and insert "members of the corporation other than those who come within paragraph 3(1)(b)"
161DPage 109, line 33, at end insert "(or, where there are classes within it, by each class)"
161EPage 109, line 39, leave out "the area specified under paragraph 3(1)(a)" and insert "an area specified in the constitution as the area for a public constituency"
161FPage 110, line 1, leave out from beginning to "may" in line 2 and insert "An elected member of the board of governors"
161GPage 110, leave out lines 4 and 5 and insert—
"( ) But such a member ceases to hold office if he ceases to be a member of the corporation"
161HPage 110, line 27, after second "executive", insert "(and accounting officer)"
161IPage 110, line 29, at end insert—
"( ) One of the executive directors is to be a registered medical practitioner or a registered dentist (within the meaning of the Dentists Act 1984 (c. 24)); and another is to be a registered nurse or a registered midwife"
161JPage 110, line 33, leave out "the public constituency" and insert "a public constituency or the patients' constituency"
161KPage 110, line 43, leave out "the chief executive" and insert "a committee consisting of the chairman, the chief executive and the other non-executive directors"
161LPage 111, leave out lines 1 and 2 and insert—
"( ) The appointment of a chief executive requires the approval of the board of governors"
161MPage 111, line 8, at end insert "but the constitution may make provision for those matters to be decided pending the establishment of such a committee.

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Initial directors of former NHS trusts

17A (1) This paragraph applies, where the application for authorisation is made under section 4, to the exercise of the powers mentioned in paragraph 16 to appoint the initial non-executive directors and the initial chief executive.
(2) The power to appoint the initial chairman of the corporation is to be exercised by appointing the chairman of the NHS trust, if he wishes to be appointed.
(3) The power to appoint the other initial non-executive directors of the corporation is to be exercised, so far as possible, by appointing any of the non-executive directors of the NHS trust (other than the chairman) who wish to be appointed.
(4) A person appointed in accordance with sub-paragraph (2) or (3) is to be appointed for the unexpired period of his term of office as chairman or (as the case may be) non-executive director of the NHS trust; but if, on any such appointment, that period is less than 12 months, he is to be appointed for 12 months.
(5) The power to appoint the initial chief executive of the corporation is to be exercised by appointing the chief officer of the NHS trust, if he wishes to be appointed.
(6) Sub-paragraphs (a) and (b) of paragraph 15(3) do not apply to the appointment of any initial non-executive director in pursuance of this paragraph; and paragraph 16(4) does not apply to the appointment of the initial chief executive of the corporation in pursuance of sub-paragraph (5)"
161NPage 111, line 12, at end insert "and, where there are classes within it, the class to which he belongs"
161OPage 111, line 13, at end insert—
"( ) a register of interests of the members of the board of governors"
161PPage 111, line 18, at end insert "members of the board of governors and of"
161QPage 111, line 20, leave out from beginning to "available" and insert "A public benefit corporation is to make the following documents"
161RPage 111, leave out line 25
161SPage 111, line 32, at end insert—
"( ) The corporation is also to make the registers mentioned in paragraph 18 available for inspection by members of the public, except in circumstances prescribed by regulations; and, so far as the registers are required to be available—
(a) they are to be available free of charge at all reasonable times,
(b) a person who requests it is to be provided with a copy of or extract from them"
161TPage 111, line 33, leave out "the copy or extract" and insert "a copy or extract under this paragraph"
161UPage 111, line 38, at end insert—
"( ) An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission"
161VPage 112, leave out lines 4 and 5 and insert—
"( ) Where an officer of the Audit Commission is appointed as auditor, the Commission is to charge the public benefit corporation such fees for his services as will cover the full cost of providing them.
( ) The corporation is to establish a committee of non-executive directors as an audit committee to perform such monitoring, reviewing and other functions as are appropriate.
( ) In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales"
161WPage 112, line 13, at end insert—
"( ) If trustees are appointed under section 22, the Comptroller and Auditor General may also examine—
(a) the accounts kept by the trustees,

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(b) any records relating to them, and
(c) any report of an auditor on them"
161XPage 112, leave out line 31 and insert—
"( ) The constitution is to provide for the functions of the corporation under this paragraph to be delegated to the accounting officer"
161Y Page 112, line 38, leave out "and the registrar of companies"
161Z Page 112, line 41, leave out "its public constituency" and insert "any public constituency and (if there is one) of the patients' constituency"
161AA Page 113, line 2, leave out "him" and insert "it"
161BB Page 113, leave out lines 6 and 7 and insert—
"( ) The document containing the information is to be prepared by the directors.
( ) In preparing the document the directors must have regard to the views of the board of governors"

Lord Warner: My Lords, I beg to move that the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill. Briefly, I wish to remind the House what I said earlier. The will of the Commons has been expressed in this area. Sensible amendments to this schedule have been discussed and inserted into the schedule, and many people in this House have agreed to those amendments in our debates.

Moved, That the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill.—(Lord Warner.)


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