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Ministerial Powers

Health written question – answered on 29th June 2005.

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Photo of Mike Penning Mike Penning Conservative, Hemel Hempstead

To ask the Secretary of State for Health

(1) if she will list the reserve powers she holds to take control of (a) primary care trusts, (b) hospital trusts, (c) ambulance trusts, (d) strategic health authorities and (e) mental health trusts; which section of the relevant legislation gives her each such power; under what circumstances each can be activated by her; and if she will make a statement;

(2) on how many occasions her reserve powers to take control of (a) primary care trusts, (b) hospital trusts, (c) ambulance trusts, (d) strategic health authorities and (e) mental health trusts have been used; if she will list the institutions involved; and if she will make a statement.

Photo of Liam Byrne Liam Byrne Parliamentary Under-Secretary (Department of Health) (Care Services)

holding answer 23 June 2005

The legal powers that enable the Department to require individual trusts to change their senior management are contained within Section 13 of the Health and Social Care Act 2001. This states that the Secretary of State may make an intervention order if she is not satisfied that a national health service body is performing one or more of its functions adequately or at all, or that there are significant failings in the way that the body is being run. The order would specify the extent to which changes to senior management would have to be made.

The legal powers contained within Section 13 of the Health and Social Care Act 2001 that enable the Secretary of State for Health to require individual organisations to make senior management changes have not had to be used yet.

Does this answer the above question?

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