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Clause 178 — Procedure etc.

Vat – in the House of Commons at 8:48 pm on 6th September 2011.

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Amendments made: 197, page 164, line 42 , leave out from ‘(2)’ to end of line 43 and insert ‘—

(a) before paragraph (a) insert—

“(za) the Board,”, and

(b) omit paragraph (a) (but not the following “and”).’.

198, page 165, line 4, after ‘regulator.’, insert—

“(5) In the case of an NHS foundation trust, the administrator may not provide the draft report to the regulator under subsection (1)—

(a) without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or

(b) where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.

(6) Where the Board decides not to provide to the administrator a statement to that effect, the Board must—

(a) give a notice of the reasons for its decision to the administrator and to the regulator;

(b) publish the notice;

(c) lay a copy of it before Parliament.

(7) In subsection (5), “commissioner” means a person to which the trust provides services under this Act.’.

199, page 165, line 4, at end insert—

‘( ) At the end of section 65G of that Act (consultation plan) insert—

(4) In the case of an NHS foundation trust, the administrator may not make a variation to the draft report following the consultation period—

(a) without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report as so varied would achieve the objective set out in section 65DA, or

(b) where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.

(5) Where the Board decides not to provide to the administrator a statement to that effect, the Board must—

(a) give a notice of the reasons for its decision to the administrator and to the regulator;

(b) publish the notice;

(c) lay a copy of it before Parliament.

(6) In subsection (4), “commissioner” means a person to which the trust provides services under this Act.”’.

200, page 165, line 5, leave out from ‘(7)’ to end of line 7 and insert ‘—

(a) before paragraph (a) insert—

“(za) the Board,”,

(b) omit paragraph (a),

(c) in paragraph (b), omit “, if required by directions given by the Secretary of State”, and

(d) after paragraph (c) insert “;

(d) any other person specified in a direction given by the Secretary of State.”’.

201, page 165, line 8, leave out from ‘section,’ to end of line 10 and insert ‘omit paragraphs (a) to (d)’.

202, page 165, line 10, at end insert—

‘( ) In subsection (9) of that section—

(a) after “representatives of” insert “the Board and”, and

(b) for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.’.

203, page 165, line 13, after ‘trust’, insert ‘—

(a) in subsection (7)(b), the words “goods or” are to be ignored, and

(b) in subsections (7)(d) and (10),’.

204, page 165, line 14, after ‘regulator.’, insert—

“(13) In the case of an NHS foundation trust, the Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.’.—(Mr Simon Burns)