|
| |
| |
(9) | The Secretary of State may direct a trust special administrator to— |
| |
(a) | request a written response from any person; |
| |
(b) | hold a meeting to seek a response from any person. |
| |
(10) | In subsection (4) “relevant staff” means persons employed by the trust |
| |
or otherwise working for the trust (whether as or on behalf of a |
| 5 |
contractor, as a volunteer or otherwise), wholly or partly in connection |
| |
with the relevant functions. |
| |
| |
(1) | Within the period of 15 working days beginning with the end of the |
| |
consultation period, the administrator must provide to the Secretary of |
| 10 |
State a final report stating the action which the administrator |
| |
recommends that the Secretary of State should take in relation to the |
| |
performance of the relevant functions. |
| |
(2) | The administrator must attach to the final report a summary of all |
| |
responses to the draft report which were received by the administrator |
| 15 |
in the period beginning with the publication of the draft report and |
| |
ending with the last day of the consultation period. |
| |
(3) | After receiving the administrator’s final report, the Secretary of State |
| |
must publish it and lay it before Parliament. |
| |
| 20 |
(1) | This section applies to— |
| |
(a) | the duty of a trust special administrator to provide a draft |
| |
report within the period specified in section 65R(1); |
| |
(b) | the duty of a trust special administrator to consult in the |
| |
consultation period specified under section 65S(2); |
| 25 |
(c) | the duty of a trust special administrator to provide a final report |
| |
within the period specified in section 65U(1). |
| |
(2) | If the Secretary of State thinks it is not reasonable in the circumstances |
| |
for the administrator to be required to carry out the duty within the |
| |
specified period, the Secretary of State may by order extend the period. |
| 30 |
(3) | If an order is made extending the period mentioned in subsection (1)(a) |
| |
or (c) the trust special administrator must publish a notice stating the |
| |
new date on which the period will expire. |
| |
(4) | If an order is made extending the period mentioned in subsection (1)(b) |
| |
the trust special administrator must— |
| 35 |
(a) | publish a notice stating the new date on which the period will |
| |
| |
(b) | publish a statement setting out the means by which the |
| |
administrator will seek responses to the draft report during the |
| |
extended consultation period. |
| 40 |
Action by the Secretary of State |
| |
65W | Secretary of State’s decision |
| |
(1) | Within the period of 20 working days beginning with the day on which |
| |
the Secretary of State receives a final report under section 65U, the |
| |
| |
| |
|
| |
| |
Secretary of State must decide what action to take in relation to the |
| |
performance of the relevant functions. |
| |
(2) | The Secretary of State must as soon as reasonably practicable— |
| |
(a) | publish a notice of the decision; |
| |
(b) | lay a copy of the notice before Parliament. |
| 5 |
65X | Removal of a trust special administrator |
| |
The Secretary of State may at any time give directions to a Primary Care |
| |
Trust and a trust special administrator who exercises functions on |
| |
behalf of the Primary Care Trust, requiring that the appointment of the |
| |
administrator should come to an end with effect from a specified day. |
| 10 |
| |
65Y | Replacement of trust special administrator |
| |
(1) | Where the Secretary of State has given directions under section 65P |
| |
and, before the Secretary of State has published a decision under |
| |
section 65W, the trust special administrator appointed under the |
| 15 |
directions (or whose appointment has effect as if made under the |
| |
directions) ceases to hold office for any reason, the Secretary of State |
| |
| |
(a) | appoint another person as the trust special administrator, and |
| |
(b) | publish the name of the person appointed. |
| 20 |
(2) | An appointment under subsection (1) has effect as if made by the |
| |
Primary Care Trust under the directions. |
| |
(3) | Where a person is appointed under subsection (1) in relation to a |
| |
Primary Care Trust, anything done by or in relation to a previous trust |
| |
special administrator has effect as if done by or in relation to that |
| 25 |
person, unless the Secretary of State directs otherwise. |
| |
65Z | Secretary of State’s directions to trust special administrator |
| |
The Secretary of State may give directions to a trust special |
| |
administrator about the exercise of functions under or by virtue of this |
| |
| 30 |
| |
(1) | The Secretary of State must publish guidance for trust special |
| |
| |
(2) | It must include guidance about the publication of notices under |
| |
| 35 |
(3) | It must include guidance in relation to the preparation of draft reports, |
| |
| |
(a) | persons to be consulted; |
| |
(b) | factors to be taken into account; |
| |
(c) | relevant publications. |
| 40 |
| |
| |
|
| |
| |
| |
Directions under the following provisions of this Chapter must be laid |
| |
before Parliament after they are given— |
| |
| |
| 5 |
| |
65Z3 | Interpretation of this Chapter |
| |
| |
“relevant functions” has the meaning given in section 65Q(3); |
| |
“trust special administrator” means a person appointed under |
| 10 |
directions under section 65P(1) or under section 65Y(1)(a); |
| |
“working day” means any day which is not Saturday, Sunday, |
| |
Christmas Day, Good Friday or a day which is a bank holiday |
| |
in England and Wales under the Banking and Financial |
| |
| 15 |
16 | Trust special administrators: consequential amendments |
| |
(1) | The National Health Service Act 2006 (c. 41) is amended as follows. |
| |
(2) | Section 53 (voluntary arrangements for NHS foundation trusts) is amended as |
| |
| |
(3) | In subsection (1), after “NHS foundation trust” insert “to which this section |
| 20 |
| |
(4) | In subsection (2), after “NHS foundation trusts” insert “to which this section |
| |
| |
(5) | After subsection (4) insert— |
| |
“(4A) | This section applies to an NHS foundation trust to which Chapter 5A |
| 25 |
| |
(6) | In section 54 (dissolution etc. of NHS foundation trusts), in subsection (1), after |
| |
“NHS foundation trust” insert “to which section 53 applies”. |
| |
(7) | In section 242 (public involvement and consultation), at the end insert— |
| |
“(6) | This section does not require a body to make arrangements in relation |
| 30 |
to matters to which a trust special administrator’s report or draft report |
| |
under section 65F, 65I, 65R or 65U relates before the decision of the |
| |
Secretary of State under section 65K or 65W has been published.” |
| |
(8) | In section 272 (orders, regulations, rules and directions)— |
| |
(a) | in subsection (4), for “and (6)” substitute “, (6) and (6A)”; |
| 35 |
(b) | in subsection (5), after paragraph (a) insert— |
| |
“(aa) | section 65B(1), 65E(1), 65J(2), 65L(2) or (4), or 65V(2),”; |
| |
(c) | after subsection (6) insert— |
| |
“(6A) | A statutory instrument containing an order under section |
| |
65B(1), 65E(1), 65J(2), 65L(2) or (4) or 65V(2) must be laid before |
| 40 |
Parliament after it is made.” |
| |
| |
| |
|
| |
| |
(9) | In section 275(1) (interpretation), in the definition of “NHS trust”, at the end |
| |
insert “and, subject to Schedule 10A, a body that becomes a National Health |
| |
Service trust by virtue of an order made under section 65E(1),”. |
| |
(10) | In paragraph 28(3) of Schedule 4 (NHS trusts established under section 25), |
| |
after “as a matter of urgency” insert “or where the order is made following the |
| 5 |
publication of a final report under section 65I(3)”. |
| |
(11) | In Schedule 9 (NHS foundation trusts: transfer of staff), in paragraph 1 after |
| |
“NHS foundation trust” insert “to which section 53 applies”. |
| |
(12) | In section 206(1) of the National Health Service (Wales) Act 2006 (c. 42) |
| |
(interpretation), in the definition of “NHS trust”, at the end insert “(including |
| 10 |
a body that becomes a National Health Service trust by virtue of an order made |
| |
under section 65E(1) of that Act)”. |
| |
| |
| |
17 | NHS and other health appointments: suspension |
| 15 |
Schedule 3 (which amends enactments to provide for powers of suspension in |
| |
relation to chairs, vice-chairs and other members of NHS bodies and other |
| |
bodies concerned with health) has effect. |
| |
| |
| 20 |
| |
18 | Prohibition of advertising: exclusion for specialist tobacconists |
| |
In section 6 of the Tobacco Advertising and Promotion Act 2002 (c. 36) |
| |
(specialist tobacconists), before subsection (1) insert— |
| |
“(A1) | The appropriate Minister may provide in regulations that no offence is |
| 25 |
committed under section 2 if the tobacco advertisement— |
| |
(a) | is in, or fixed to the outside of premises of, a specialist |
| |
tobacconist in England and Wales or Northern Ireland, |
| |
(b) | is not for cigarettes or hand-rolling tobacco, and |
| |
(c) | complies with any requirements specified in the regulations.” |
| 30 |
19 | Prohibition of tobacco displays etc |
| |
After section 7 of the Tobacco Advertising and Promotion Act 2002 |
| |
(developments in technology) insert— |
| |
“7A | Prohibition of tobacco displays |
| |
(1) | A person who in the course of a business displays tobacco products, or |
| 35 |
causes tobacco products to be displayed, in a place in England and |
| |
Wales or Northern Ireland is guilty of an offence. |
| |
| |
| |
|
| |
| |
(2) | The appropriate Minister may by regulations provide for the meaning |
| |
of “place” in this section. |
| |
(3) | The appropriate Minister may by regulations make provision for a |
| |
display in a place which also amounts to an advertisement to be treated |
| |
for the purposes of offences in England and Wales or Northern Ireland |
| 5 |
| |
(a) | as an advertisement and not as a display, or |
| |
(b) | as a display and not as an advertisement. |
| |
7B | Tobacco displays: exclusions and defence |
| |
(1) | No offence is committed under section 7A if— |
| 10 |
(a) | the tobacco products are displayed in the course of a business |
| |
which is part of the tobacco trade, |
| |
(b) | they are displayed for the purposes of that trade, and |
| |
(c) | the display is accessible only to persons who are engaged in, or |
| |
employed by, a business which is also part of that trade. |
| 15 |
(2) | No offence is committed under section 7A if the display is a requested |
| |
display to an individual aged 18 or over. |
| |
(3) | The appropriate Minister may provide in regulations that no offence is |
| |
committed under section 7A if the display complies with requirements |
| |
specified in the regulations. |
| 20 |
(4) | Subsections (5) and (7) apply where a person (“D”) is charged with an |
| |
offence under section 7A in a case where the display is a requested |
| |
display to an individual aged under 18. |
| |
(5) | Where D is charged by reason of D having displayed the tobacco |
| |
product it is a defence that— |
| 25 |
(a) | D believed that the individual was aged 18 or over, and |
| |
| |
(i) | D had taken all reasonable steps to establish the |
| |
| |
(ii) | from the individual’s appearance nobody could |
| 30 |
reasonably have suspected that the individual was aged |
| |
| |
(6) | For the purposes of subsection (5), a person is treated as having taken |
| |
all reasonable steps to establish an individual’s age if— |
| |
(a) | the person asked the individual for evidence of the individual’s |
| 35 |
| |
(b) | the evidence would have convinced a reasonable person. |
| |
(7) | Where D is charged by reason of D having caused the display of the |
| |
tobacco product it is a defence that D exercised all due diligence to |
| |
avoid committing the offence. |
| 40 |
(8) | In this section “a requested display” means a display to an individual |
| |
following a particular request by the individual to purchase a tobacco |
| |
product, or for information about a tobacco product. |
| |
| |
| |
|
