My Lords, I realise that we are on Report, but new matters have been introduced. I seek guidance on when I might ask the noble Lord a question on them. I am grateful to him for his reassurance, which essentially means that the current wave of foundation trusts can carry on. However, I point out to him that subsection (3) of the proposed new clause in Amendment No. 256 states:
"An NHS foundation trust must secure that its constitution is in accordance with regulations".
I realise that subsection (4) states that,
"Pending the coming into force of regulations", elections can still take place. However. Clause 6(2)(a) states that the regulator has to be satisfied that,
"the applicant's constitution will be in accordance with Schedule 1".
Schedule 1 states that regulations will have to be laid, but those regulations will not be laid in the first tranche.
I am not trying to be awkward. I act as an honorary adviser to a trust going forward to foundation trust status, which will be very confused on the matter. Perhaps between now and Third Reading my noble friend will give it further consideration.