Report (5th Day)

Part of Health and Social Care Bill – in the House of Lords at 9:00 pm on 6th March 2012.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 9:00 pm, 6th March 2012

My Lords, I am very grateful to my noble friend and the noble Baroness, Lady Murphy, for their comments.

Amendment 196C agreed.

Amendment 197 not moved.

Amendments 197A to 197C

Moved by Earl Howe

197A: Clause 111, page 119, line 28, leave out from "notice" to end of line 32 and insert "require the trust to-"

197B: Clause 111, page 119, line 39, leave out from "has" to end of line 43 and insert "failed or is failing to comply with a notice under subsection (4), Monitor may do one or more of the things which it may require the trust to do under that subsection."

197C: Clause 111, page 120, line 1, leave out from "exercising" to end of line 3 and insert "in relation to a condition included in a licence under subsection (1) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect)."

Amendments 197A to 197C agreed.

Amendment 198 not moved.

Clause 112 : Duration of transitional period

Amendments 198A and 198B

Moved by Earl Howe

198A: Clause 112, page 120, line 20, leave out subsections (1) to (6) and insert-

"(1) Section 111 ceases to have effect in relation to an NHS foundation trust on such day as the Secretary of State may by order specify.

(2) Different days may be appointed in relation to different NHS foundation trusts.

(3) A day specified under subsection (1) must not-

(a) in the case of an NHS foundation trust authorised on or before 1 April 2014, be before 1 April 2016;

(b) in the case of an NHS foundation trust authorised after 1 April 2014, be before the end of the period of two years beginning with the day on which the trust was authorised."

198B: Clause 112, page 121, line 11, leave out paragraph (a)

Amendments 198A and 198B agreed.

Amendment 199 not moved.

Clause 113 : Orders under section 112 that apply to only some trusts

Amendments 199A and 199B

Moved by Earl Howe

199A: Clause 113, page 121, line 22, leave out from "112" to ", the" in line 23

199B: Clause 113, page 121, line 42, leave out subsections (6) to (11) and insert-

"(6) The Secretary of State, having received a notification under subsection (4)(c), must review Monitor's determination under subsection (4)(b)."

Amendments 199A and 199B agreed.

Amendment 200 not moved.

Clause 114 : Repeal of sections 112 and 113

Amendment 200A

Moved by Earl Howe

200A: Clause 114, page 122, line 32, leave out paragraph (e)

Amendment 200A agreed.

Amendment 201 not moved.

Clause 116 : The national tariff

Amendment 201A

Moved by Baroness Thornton

201A: Clause 116, page 123, line 6, leave out "Monitor" and insert "Regulations must provide and the Secretary of State"