Health and Social Care (Community Health and Standards) Bill
3:30 pm
Mr David Lammy (Parliamentary Secretary, Department of Health; Tottenham, Labour)
As I said, I do not want to be misunderstood. The purpose of the amendments is to clarify the situation. As I said this morning, the terms of reference in clause 46 were too wide and we are seeking to clarify them. The independent regulator must be responsible for the terms of authorisation.
I now want to move on. It remains the case that CHAI and the independent regulator have distinct roles. CHAI is responsible for reviews and investigations of NHS care, including that provided by NHS foundation trusts. The independent regulator is responsible for granting authorisation to applicants for NHS foundation trust status and for setting the terms of the authorisation under which they will operate. The regulator is also responsible for monitoring NHS foundation trusts' compliance with their operating conditions, with powers to intervene where necessary to bring an NHS foundation trust that is failing to meet its obligations back into line. CHAI and the independent regulator will need to work closely together without duplication or over-regulation, which is why the Bill places a duty of co-operation on them.
There is one area in which we have made a change, which I hope hon. Members will welcome. We are making it clear that CHAI's general duty of improvement in clause 49 applies to NHS foundation trusts. The amendments make the relationship between CHAI and NHS foundation trusts clearer. I went through the amendments this morning, but shall continue where I left off.