Select Committee on Delegated Powers and Regulatory Reform Twenty-Seventh Report


HEALTH AND SOCIAL CARE (COMMUNITY HEALTH AND STANDARDS) BILL - GOVERNMENT AMENDMENTS FOR REPORT STAGE

4.  The Committee reported on this bill in our 24th (HL Paper 163) and 26th Reports (HL Paper 172) of this Session. The Committee has now been invited to comment on Government amendments to be taken at report stage. The Department of Health has provided a supplementary memorandum which is printed at Annex 2 to this Report.

5.  We take the view that the delegations and the level of parliamentary scrutiny are appropriate in respect of all save one of the amendments explained in the supplementary memorandum. The amendment to which we wish to draw the attention of the House concerns regulations to make provision for the election for membership of the board of governors of an NHS Foundation Trust. Although we believe that this is a matter which is appropriately delegated, we question the level of parliamentary scrutiny (negative procedure) currently provided for. In view of the sensitivity of issues relating to Foundation Trusts and the fact that the power extends to prescribing important matters such as the voting system, we conclude that a higher level of parliamentary scrutiny is needed and we recommend, therefore, that the affirmative procedure should apply in this case.


 
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