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Schedule 14 — Abolition of NHS trusts in England: consequential amendments

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

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Amendments made: 367, page 368, line 26, leave out from ‘section’ to end of line 27 and insert ‘56 (mergers of NHS foundation trusts)—

(a) in subsection (1)(b) (as amended by section171(1)(a)), omit “or an NHS trust established under section 25”’.

368, page 368, line 27, at end insert ‘, and

(b) in subsection (1A) (as inserted by section171(2)), omit “(that is an NHS foundation trust)”.’.

369, page 368, line 28, leave out from ‘section’ to end of line 30 and insert ‘56A (acquisitions of NHS foundation trusts) (as inserted by section172)—

(a) in subsection (1)(b), omit “or an NHS trust established under section 25”’.

370, page 368, line 30, at end insert ‘, and

(b) in subsection (2), omit “(that is an NHS foundation trust)”.’.

371, page 368, line 40, leave out paragraph 13 and insert—

13 (1) Omit section 65B (appointment of trust special administrator in relation to NHS trust).

(2) In consequence of that repeal, omit section 177(1A) of this Act.’.

372, page 368, line 43, at end insert—

13A Omit section 65C (suspension of directors of NHS trust).

13B (1) Section 65F (special administrator’s draft report) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3) In subsection (2)(b)—

(a) omit “goods or”, and

(b) for “the Secretary of State” substitute “the regulator”.

(4) After subsection (2) insert—

“(2A) 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.

(2B) 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.

(2C) In subsection (2A), “commissioner” means a person to which the trust provides services under this Act.”

(5) In subsection (3), for “the Secretary of State” substitute “the regulator”.

(6) Omit subsections (4) to (7).

(7) In consequence of those repeals, omit section 178(2) of this Act.

13C In section 65G (consultation plan), in subsection (4), omit “In the case of an NHS foundation trust,”.

13D (1) Section 65H (consultation on draft report) is amended as follows.

(2) In subsection (7)—

(a) in paragraph (b), omit “goods or”, and

(b) in paragraphs (c) and (d), for “the Secretary of State” substitute “the regulator”.

(3) In subsection (10), for “The Secretary of State” substitute “The regulator”.

(4) After that subsection insert —

“(10A) 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.”

(5) Omit subsections (12) and (13).

(6) In consequence of those repeals, omit section 178(5) of this Act.

13E (1) Section 65I (administrator’s final report) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3) In subsection (3), for “the Secretary of State” substitute “the regulator”.

(4) Omit subsection (4).

(5) In consequence of that repeal, omit section 178(6) of this Act.

13F (1) Section 65J (power to extend time limits) is amended as follows.

(2) In subsection (2), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3) Omit subsection (5).

(4) In consequence of that repeal, omit section 178(7) of this Act.

13G (1) Omit section 65K (decision on action to take in relation to the trust) and the preceding cross-heading.

(2) In consequence of those repeals, omit section 179(1) of this Act.

13H (1) Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows.

(2) In subsection (1), omit “relating to an NHS foundation trust”.

(3) In subsection (5), for “the trust” substitute “the NHS foundation trust in question”.

(4) For the title to that section substitute “The regulator’s decision”.

(5) Before that section, insert as a cross-heading “Action by the regulator and the Secretary of State”.

13I (1) Section 65L (trusts coming out of administration) is amended as follows.

(2) In subsection (1)—

(a) for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b) for “the trust” substitute “the NHS foundation trust in question”.

(3) In subsection (2)—

(a) for “The Secretary of State” substitute “The regulator”, and

(b) for “and directors” substitute “, directors and governors”.

(4) Omit subsections (2A), (2B) and (6).

(5) In consequence of the repeal of subsections (2A) and (2B) of that section, omit section 179(2) of this Act.

13J (1) Section 65M (replacement of special administrator) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3) In subsection (2), for “the Secretary of State” substitute “the regulator”.

(4) Omit subsection (3).

(5) In consequence of that repeal, omit section 180(1) of this Act.

13K (1) Section 65N (guidance) is amended as follows.

(2) In subsection (1), for “The Secretary of State” substitute “The regulator”.

(3) Omit subsection (4).

(4) In consequence of that repeal, omit section 180(2) of this Act.’.—(Mr Simon Burns)