Initial directors of former NHS trusts

– in the House of Lords at 10:39 pm on 19 November 2003.

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Votes in this debate

17A (1) This paragraph applies, where the application for authorisation is made under section 4, to the exercise of the powers mentioned in paragraph 16 to appoint the initial non-executive directors and the initial chief executive.

(2) The power to appoint the initial chairman of the corporation is to be exercised by appointing the chairman of the NHS trust, if he wishes to be appointed.

(3) The power to appoint the other initial non-executive directors of the corporation is to be exercised, so far as possible, by appointing any of the non-executive directors of the NHS trust (other than the chairman) who wish to be appointed.

(4) A person appointed in accordance with sub-paragraph (2) or (3) is to be appointed for the unexpired period of his term of office as chairman or (as the case may be) non-executive director of the NHS trust; but if, on any such appointment, that period is less than 12 months, he is to be appointed for 12 months.

(5) The power to appoint the initial chief executive of the corporation is to be exercised by appointing the chief officer of the NHS trust, if he wishes to be appointed.

(6) Sub-paragraphs (a) and (b) of paragraph 15(3) do not apply to the appointment of any initial non-executive director in pursuance of this paragraph; and paragraph 16(4) does not apply to the appointment of the initial chief executive of the corporation in pursuance of sub-paragraph (5)"

161N Page 111, line 12, at end insert "and, where there are classes within it, the class to which he belongs"

161O Page 111, line 13, at end insert—

"( ) a register of interests of the members of the board of governors"

161P Page 111, line 18, at end insert "members of the board of governors and of"

161Q Page 111, line 20, leave out from beginning to "available" and insert "A public benefit corporation is to make the following documents"

161R Page 111, leave out line 25

161S Page 111, line 32, at end insert—

"( ) The corporation is also to make the registers mentioned in paragraph 18 available for inspection by members of the public, except in circumstances prescribed by regulations; and, so far as the registers are required to be available—

(a) they are to be available free of charge at all reasonable times,

(b) a person who requests it is to be provided with a copy of or extract from them"

161T Page 111, line 33, leave out "the copy or extract" and insert "a copy or extract under this paragraph"

161U Page 111, line 38, at end insert—

"( ) An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission"

161V Page 112, leave out lines 4 and 5 and insert—

"( ) Where an officer of the Audit Commission is appointed as auditor, the Commission is to charge the public benefit corporation such fees for his services as will cover the full cost of providing them.

( ) The corporation is to establish a committee of non-executive directors as an audit committee to perform such monitoring, reviewing and other functions as are appropriate.

( ) In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales"

161W Page 112, line 13, at end insert—

"( ) If trustees are appointed under section 22, the Comptroller and Auditor General may also examine—

(a) the accounts kept by the trustees,

(b) any records relating to them, and

(c) any report of an auditor on them"

161X Page 112, leave out line 31 and insert—

"( ) The constitution is to provide for the functions of the corporation under this paragraph to be delegated to the accounting officer"

161Y Page 112, line 38, leave out "and the registrar of companies"

161Z Page 112, line 41, leave out "its public constituency" and insert "any public constituency and (if there is one) of the patients' constituency"

161AA Page 113, line 2, leave out "him" and insert "it"

161BB Page 113, leave out lines 6 and 7 and insert—

"( ) The document containing the information is to be prepared by the directors.

( ) In preparing the document the directors must have regard to the views of the board of governors"

Photo of Lord Warner Lord Warner Parliamentary Under-Secretary, Department of Health, Parliamentary Under-Secretary (Department of Health)

My Lords, I beg to move that the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill. Briefly, I wish to remind the House what I said earlier. The will of the Commons has been expressed in this area. Sensible amendments to this schedule have been discussed and inserted into the schedule, and many people in this House have agreed to those amendments in our debates.

Moved, That the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill.—(Lord Warner.)

161CC Lord Clement-Jones rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 161 and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 161".

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 161 and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 161".

On Question, Whether the said amendment (No. 161CC) shall be agreed to?

Their Lordships divided: Contents, 169; Not-Contents, 100.

Division number 6 Private Parking: Ports and Trading Estates — Initial directors of former NHS trusts

Aye: 167 Members of the House of Lords

No: 98 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Resolved in the affirmative, and amendment agreed to accordingly.

Motion, as amended, agreed to.

Photo of Lord Davies of Oldham Lord Davies of Oldham Deputy Chief Whip (House of Lords), HM Household, Captain of the Queen's Bodyguard of the Yeomen of the Guard (HM Household) (Deputy Chief Whip, House of Lords) 10:57, 19 November 2003

My Lords, I beg to move that the House do adjourn during pleasure until 11.15 p.m. to receive the Commons message on the Criminal Justice Bill. A Business Statement will then be made.

Moved, That the House do adjourn during pleasure until 11.15 p.m.—(Lord Davies of Oldham.)

Photo of Lord Cope of Berkeley Lord Cope of Berkeley Conservative

My Lords, it is wise that the House should rise until 11.15 in order to receive the message from the Commons on the Criminal Justice Bill. At that time it would be wise for the House to give time to reflect on the amendments that have been made to the Criminal Justice Bill and are in dispute between the two Houses. I shall therefore seek at 11.15 to move the adjournment of the House for today, so that we might resume discussion of the Criminal Justice Bill and any other outstanding business on the morrow.

Photo of Lord Davies of Oldham Lord Davies of Oldham Deputy Chief Whip (House of Lords), HM Household, Captain of the Queen's Bodyguard of the Yeomen of the Guard (HM Household) (Deputy Chief Whip, House of Lords)

My Lords, we are making considerable progress on the Criminal Justice Bill. We intend to make progress on the Health and Social Care (Community Health and Standards) Bill too. It would be unprecedented for the House to adjourn at this stage when the other place is waiting upon our deliberations. Accordingly, I value very greatly the offer made by the Opposition Chief Whip that we should enter into discussions during the adjournment.

On Question, Motion agreed to.

[The Sitting was suspended from 10.59 to 11.15 p.m.]