My Lords, I am grateful for the Government's support for this amendment.
Amendment 196ZA agreed.
Amendment 196A not moved.
Clause 102 : Modification of conditions by order under other enactments
Amendment 196B not moved.
Clause 111 : Imposition of licence conditions on NHS foundation trusts
Moved by Earl Howe
196C: Clause 111, page 119, line 19, leave out subsection (1) and insert-
"(1) Where Monitor is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, Monitor may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
(1A) The circumstances in which Monitor may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing-
(a) to secure compliance with conditions in the trust's licence, or
(b) to take steps to reduce the risk of a breach of a condition in the trust's licence."