Care Bill [HL] — Report (4th Day) — 21 Oct 2013 at 16:16

Amendment 168A

Moved by Earl Howe

168A: After Clause 109, insert the following new Clause-

“Trust special administration: powers of administrator etc.

(1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2: interpretation) (the existing text of which becomes subsection (1)) at the end insert-

“(2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust.

“(3) The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.”

(2) In section 65F of that Act (administrator’s draft report), in subsection (1), for “45 working days” substitute “65 working days”.

(3) After subsection (2C) of that section insert-

“(2D) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (2A) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.”

(4) In section 65G of that Act (consultation plan), in subsection (2), for “30 working days” substitute “40 working days”.

(5) After subsection (6) of that section insert-

“(7) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.”

(6) In section 65N of that Act (guidance), after subsection (1) insert-

“(1A) It must, in so far as it applies to NHS trusts, include guidance about-

(a) seeking the support of commissioners for an administrator’s recommendation;

(b) involving the Board in relation to finalising an administrator’s report or draft report.”

(7) In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the end insert-

“(4) This section does not require the Board to make arrangements in relation to matters to which a trust special administrator’s report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).”

(8) In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end insert-

“(7) This section does not require a clinical commissioning group to make arrangements in relation to matters to which a trust special administrator’s report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).”

(9) In section 242 of that Act (public involvement and consultation by NHS trusts and foundation trusts), in subsection (6)-

(a) for “65I, 65R or 65U” substitute “or 65I”, and

(b) for the words from “the decision” to the end substitute “the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).”

(10) In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)-

(a) after paragraph 4 insert-

“4A In section 13Q(4) (public involvement and consultation by Board), omit “makes a decision under section 65K(1),”.

4B In section 14Z2 (public involvement and consultation by clinical commissioning groups), omit “makes a decision under section 65K(1),”.”,

(b) in paragraph 15, after sub-paragraph (3) insert-

“(3A) In subsection (2D), omit “or an NHS trust” and “or the NHS trust.”,

(c) in paragraph 16 (the text of which becomes sub-paragraph (1)) at the end insert-

“(2) In subsection (7) of that section, omit “or an NHS trust” and “or the NHS trust”.”,

(d) in paragraph 24, after sub-paragraph (2) insert-

“(2A) Omit subsection (1A).”,

(e) after that paragraph insert-

“24A In section 65O (interpretation)-

(a) omit subsection (2), and

(b) in subsection (3), omit “or an NHS trust”.”, and

(f) in paragraph 35, omit the “and” preceding paragraph (d) and after that paragraph insert “, and

(e) in subsection (6), omit “makes a decision under section 65K(1),”.””

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