Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

(The document as of February, 2008)

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(2) In preparing its annual accounts, the corporation is to comply with any directions given by the regulator with the approval of the Treasury as to--

(a) the methods and principles according to which the accounts are to be prepared,

(b) the information to be given in the accounts.

(3) In determining the form and content of the annual accounts the regulator is to aim to ensure that the accounts present a true and fair view.

(4) The corporation must--

(a) lay a copy of the annual accounts, and any report of the auditor on them, before Parliament, and

(b) once it has done so, send copies of those documents to the regulator.

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

(6) In this paragraph and paragraph 27 "financial year" means--

(a) the period beginning with the date on which the corporation is authorised under section 6 and ending with the next 31st March, and

(b) each successive period of twelve months beginning with 1st April.

Annual reports and forward plans

26 (1) A public benefit corporation is to prepare annual reports and send them to the regulator.

(2) The reports are to give--

(a) information on any steps taken by the corporation to secure that (taken as a whole) the actual membership of any public constituency and (if there is one) of the patients' constituency is representative of those eligible for such membership,

(b) any other information the regulator requires.

(3) It is for the regulator to decide--

(a) the form of the reports,

(b) when the reports are to be sent to it,

27 (1) A public benefit corporation is to give information as to its forward planning in respect of each financial year to the regulator.

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

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

Meeting of board of governors to consider annual accounts and reports

28 The following documents are to be presented to the board of governors of a public benefit corporation at a general meeting--

(a) the annual accounts,

(b) any report of the auditor on them,

Instruments etc.

29 (1) The constitution is to make provision for the authentication of the fixing of the corporation's seal.

(2) A document purporting to be duly executed under the corporation's seal or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Section 2

SCHEDULE 2 Independent Regulator of NHS Foundation Trusts

Membership

1 (1) The regulator is to consist of a number of members (but not more than 5) appointed by the Secretary of State.

(2) One of the members is to be appointed as chairman and another as deputy chairman.

(3) The deputy chairman need not be appointed before the end of the period of six months beginning with the establishment of the regulator.

Tenure of office

2 (1) A person is to hold and vacate office as a member in accordance with the terms of his appointment.

(2) But--

(a) he may at any time resign his office by giving notice to the Secretary of State,

(b) the Secretary of State may at any time remove him from office on the ground of incapacity or misbehaviour.

(3) A person is not to be appointed as a member for a period of more than four years.

(4) A person who ceases to be a member is eligible for re-appointment.

Remuneration and pensions

3 (1) The regulator is to pay to the chairman--

(a) such remuneration, and

(b) such travelling and other allowances,

as the Secretary of State may determine.

(2) The regulator is to pay to the members (other than the chairman) such travelling and other allowances as the Secretary of State may determine.

(3) In the case of any such person who holds or has held office as chairman as the Secretary of State may determine, the regulator is to pay--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

Staff

4 The regulator may, after consulting the Minister for the Civil Service as to numbers and terms and conditions of service, employ such staff as the regulator may determine.

Superannuation

5 (1) Sub-paragraph (2) applies where--

(a) a person is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 (c. 11), and

(b) he is appointed as chairman.

(2) In such a case the Minister for the Civil Service may determine that the person's term of office as chairman is to be treated for the purposes of the scheme as service in the employment by reference to which he is a member (whether or not any benefits are payable by virtue of paragraph 3(3)).

(3) Employment with the regulator is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted--

" The Independent Regulator of NHS Foundation Trusts " .

(4) The regulator must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).

Procedure

6 (1) The regulator may regulate its own procedure and make any arrangements it considers appropriate for the discharge of its functions.

(2) The validity of any act of the regulator is not affected by any vacancy among the members or by any defect in the appointment of any member.

Delegation of functions

7 Anything which the regulator is authorised or required to do may be done by--

(a) the chairman or deputy chairman or any committee,

(b) any member of the staff,

if authorised by the regulator (generally or specifically) for that purpose.

General powers

8 (1) The regulator may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the exercise of its functions.

(2) That includes in particular--

(a) acquiring and disposing of property,

(b) entering into contracts,

and co-operating with other public authorities.

Specific powers

9 (1) The regulator may with the consent of the Secretary of State borrow money temporarily by way of overdraft, but may not otherwise borrow money.

(2) The regulator may conduct, commission or assist the conduct of research.

Finance

10 The Secretary of State may make contributions towards the regulator's expenses.

Reports and other information

11 (1) As soon as possible after the end of each financial year, the regulator must prepare an annual report on how it has exercised its functions during the year.

(2) The regulator must--

(a) lay a copy of the report before Parliament, and

(b) once it has done so, send a copy of it to the Secretary of State.

(3) The regulator must in respect of each financial year prepare a report which provides an overall summary of the accounts of NHS foundation trusts.

(4) The report must be prepared as soon as possible after the regulator has received the accounts of all NHS foundation trusts for the relevant financial year.

(5) The regulator must--

(a) lay a copy of the report before Parliament, and

(b) once it has done so, send a copy of it to the Secretary of State.

(6) The regulator must provide the Secretary of State with such other reports and information relating to the exercise of the regulator's functions as he may require.

12 (1) The regulator must keep accounts in such form as the Secretary of State may direct.

(2) The regulator must prepare in respect of each financial year annual accounts in such form as the Secretary of State may direct.

(3) The regulator must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

(4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of them and of his report before Parliament.

(5) In paragraph 11 and this paragraph, "financial year" means--

(a) the period beginning with the establishment of the regulator and ending with the next 31st March, and

(b) each successive period of twelve months beginning with 1st April.

13 The regulator must respond in writing to any recommendation which--

(a) is made by a Committee of either House of Parliament, or a Committee of both Houses, and

(b) relates to the exercise by the regulator of its functions.

Seal and evidence

14 The application of the regulator's seal is to be authenticated by the signature of the chairman or deputy chairman or of any member of the staff who has been authorised by the regulator (whether generally or specifically) for that purpose.

15 A document purporting to be duly executed under the regulator's seal or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

General

16 (1) The regulator is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The regulator's property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) The regulator must exercise its functions effectively, efficiently and economically.

Amendments

17 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), there is inserted at the appropriate place--

" The Independent Regulator of NHS Foundation Trusts. "

18 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), there is inserted at the appropriate place--

" Chairman or other member of the Independent Regulator of NHS Foundation Trusts. "

19 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate place--

" Chairman or other member of the Independent Regulator of NHS Foundation Trusts. "

Section 25

SCHEDULE 3 Transfer of staff

1 An order under section 25(3) may provide for the transfer of employees of an NHS foundation trust to a person mentioned in that subsection.

2 The contract of employment of an employee transferred under such an order--

(a) is not terminated by the transfer,

(b) has effect from the date of transfer as if originally made between the employee and the transferee.

3 Where an employee is so transferred--

(a) all the rights, powers, duties and liabilities of the trust under or in connection with the contract of employment are by virtue of this paragraph transferred to the transferee on the date of transfer, and

(b) anything done before that date by or in relation to the trust in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

This paragraph does not prejudice the generality of paragraph 2.

4 But if the employee informs the trust or the proposed transferee that he objects to the transfer--

(a) paragraphs 2 and 3 do not apply, and

(b) the contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any purpose, as having been dismissed by the trust.

5 This Schedule does not prejudice any right of an employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

6 In this Schedule, "date of transfer" means the date decided under the order for the transfer of the employee.

Section 34

SCHEDULE 4 Amendments relating to NHS foundation trusts

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1 The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

2 In section 1 (definitions), in the definition of "voluntary hospital", after "NHS trust" there is inserted ", an NHS foundation trust".

The National Assistance Act 1948 (c. 29)

3 The National Assistance Act 1948 is amended as follows.

4 In section 24 (authority liable for provision of accommodation), in subsection (6), for "or an NHS trust" there is substituted ", an NHS trust or an NHS foundation trust".

The Public Records Act 1958 (c. 51)

5 The Public Records Act 1958 is amended as follows.

6 In Schedule 1 (definition of public records), in the Table in Part 1, in the entry relating to the Department of Health, in the second column, for "and National Health Service trusts" there is substituted ", National Health Service trusts and NHS foundation trusts".

The Human Tissue Act 1961 (c. 54)

7 The Human Tissue Act 1961 is amended as follows.

8 In section 1 (removal of parts of bodies for medical purposes), in subsection (4A)(b), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

The Abortion Act 1967 (c. 87)

9 The Abortion Act 1967 is amended as follows.

10 In section 1 (medical termination of pregnancy), in subsection (3), after "National Health Service trust" there is inserted "or an NHS foundation trust".

The Leasehold Reform Act 1967 (c. 88)

11 The Leasehold Reform Act 1967 is amended as follows.

12 In section 28 (retention or assumption of land required for public purposes)--

(a) in subsection (5), for "and any National Health Service trust" there is substituted ", any National Health Service trust and any NHS foundation trust",

(b) in subsection (6)(c), for "or National Health Service trust" there is substituted ", National Health Service trust or NHS foundation trust".

The Health Services and Public Health Act 1968 (c. 46)

13 The Health Services and Public Health Act 1968 is amended as follows.

14 In section 63 (provisions of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare), in subsection (5B), the "and" at the end of paragraph (bbb) is omitted and after paragraph (c) there is inserted--

" (d) NHS foundation trusts " .

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

15 The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.

16 In section 3 (employers exempted from insurance), in subsection (2)(a), after "1978," there is inserted "an NHS foundation trust,".

The Local Government Act 1972 (c. 70)

17 The Local Government Act 1972 is amended as follows.

18 In section 113 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A), for "or NHS trust" (in each place) there is substituted ", NHS trust or NHS foundation trust".

The House of Commons Disqualification Act 1975 (c. 24)

19 The House of Commons Disqualification Act 1975 is amended as follows.

20 In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the appropriate place--

" Chairman or other non-executive director of an NHS foundation trust. "

The Race Relations Act 1976 (c. 74)

21 The Race Relations Act 1976 is amended as follows.

22 In Schedule 1A (bodies and other persons subject to general statutory duty), after paragraph 8 there is inserted--

" 8A An NHS foundation trust. "

The National Health Service Act 1977 (c. 49)

23 The 1977 Act is amended as follows.

24 In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after "NHS contracts" there is inserted "or under agreements or arrangements made with NHS foundation trusts".

25 In section 22 (co-operation between health authorities and local authorities), in subsection (1A), the "or" at the end of paragraph (cc) is omitted and after paragraph (d) there is inserted--

" (e) an NHS foundation trust " .

26 In section 28 (supply of goods and services by local authorities), in subsection (3)--

(a) for "and NHS trusts" (in both places) there is substituted ", NHS trusts and NHS foundation trusts",

(b) for "and the National Health Service and Community Care Act 1990" there is substituted ", the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003".

27 In section 28A (power to make payments towards expenditure on community services), in subsection (2B), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

28 In section 63 (hospital accommodation on part payment), in subsection (1C), at the end there is inserted "or an NHS foundation trust".

29 In section 65 (accommodation and services for private patients), in subsection (4), at the end there is inserted "or an NHS foundation trust".

30 In section 81 (charges for more expensive supplies), in paragraph (a), for "or an NHS trust" there is substituted ", an NHS trust or an NHS foundation trust".

31 In section 82 (charges for repairs and replacements in certain cases), in paragraph (a), for "or an NHS trust" there is substituted ", an NHS trust or an NHS foundation trust".

32 In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)--

(a) in paragraph (b), for "or an NHS trust" there is substituted ", an NHS trust or an NHS foundation trust",

(b) in paragraph (c), after "NHS trust" there is inserted "or an NHS foundation trust".

33 In section 84 (inquiries), in subsection (1), at the end there is inserted "or Part 1 of the Health and Social Care (Community Health and Standards) Act 2003".

34 In section 91 (private trusts for hospitals), in subsection (3), after "NHS trust" (in each place) there is inserted "NHS foundation trust".

35 In section 92 (further transfers of trust property)--

(a) in subsection (1A), after "NHS trust" (in both places) there is inserted "NHS foundation trust",

(b) in subsection (7), before "a Primary Care Trust" there is inserted "an NHS foundation trust and".

36 In section 96 (trusts: supplementary provisions), any reference to sections 90 to 95 of the 1977 Act includes section 22(1) to (3) of this Act.

37 In section 96A (powers of health bodies to raise money by appeals etc.), after subsection (11) there is inserted--

" (12) This section has effect in relation to an NHS foundation trust as it has effect in relation to an NHS trust, but as if the reference in subsection (5A) to section 11(1) of the National Health Service and Community Care Act 1990 included a reference to section 22 of the Health and Social Care (Community Health and Standards) Act 2003. "

38 In section 103 (special arrangement as to payment of remuneration), in subsection (3)(a), after "NHS trust" there is inserted "or an NHS foundation trust".

39 In section 105 (payments for certain medical examinations), in subsection (2)(b), after "NHS trust," there is inserted "NHS foundation trust,".

40 In section 122 (recovery of charges), in subsection (1), after "1990" there is inserted "or Part 1 of the Health and Social Care (Community Health and Standards) Act 2003".

41 In section 125 (protection of members and officers of authorities)--

(a) after paragraph (c) there is inserted--

" (d) an NHS foundation trust, " ,

(b) for the words following "this Act" there is substituted ", the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003".

42 In section 128 (interpretation and construction), in subsection (1), in the definition of "health service hospital", for "or an NHS trust" there is substituted ", an NHS trust or an NHS foundation trust".

43 In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after "NHS trust" there is inserted ", an NHS foundation trust".

44 In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8), after "NHS trust" there is inserted ", an NHS foundation trust".

45 In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts), in paragraph 7(3), after "NHS trust" there is inserted "or an NHS foundation trust".

The Acquisition of Land Act 1981 (c. 67)

46 (1) An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order--

(a) made by the trust, and

(b) confirmed by the Secretary of State.

(2) The Acquisition of Land Act 1981 is to apply to the compulsory purchase of land under this paragraph.

(3) But no order is to be made by an NHS foundation trust under Part 2 of that Act with respect to any land unless the proposal to acquire it compulsorily--

(a) is submitted to the Secretary of State in such form, and together with such information, as he may require, and

(b) is approved by him.

47 The Acquisition of Land Act 1981 is amended as follows.

48 In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), after paragraph (b) there is inserted--

" (ba) an NHS foundation trust; " .

49 In section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of "statutory undertakers", after paragraph (aa) there is inserted--

" (aab) an NHS foundation trust, " .

The Mental Health Act 1983 (c. 20)

50 The Mental Health Act 1983 is amended as follows.

51 In section 12 (general provisions as to medical recommendation), in subsection (3), at the end there is inserted "or otherwise to be accommodated, by virtue of an undertaking to pay in respect of the accommodation, in a hospital vested in an NHS foundation trust".

52 In section 19 (regulations as to transfer of patients), in subsection (3), after "National Health Service trust" (in both places) there is inserted ", NHS foundation trust".

53 In section 23 (discharge of patients)--

(a) in subsection (3), after "National Health Service trust," (in both places) there is inserted "NHS foundation trust,",

(b) in subsection (4), after "trust" (in the first place it occurs) there is inserted "(other than an NHS foundation trust)",

" (6) The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf. "

54 In section 24 (visiting and examination by patients), in subsection (3), for "or National Health Service trust" (in both places) there is substituted ", National Health Service trust or NHS foundation trust".

55 In section 32 (regulations for purposes of Part 2), in subsection (3), for "or National Health Service trusts" there is substituted ", National Health Service trusts or NHS foundation trusts".

56 In section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted "or NHS foundation trust".

57 In section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of "the managers" there is inserted--

" (bc) in relation to a hospital vested in an NHS foundation trust, the trust; " .

The National Audit Act 1983 (c. 44)

58 The National Audit Act 1983 is amended as follows.

59 In section 6 (public departments etc.), in subsection (3)(b), at the end there is inserted "and any NHS foundation trust".

The Public Health (Control of Disease) Act 1984 (c. 22)

60 The Public Health (Control of Disease) Act 1984 is amended as follows.

61 In section 13 (regulations for control of certain diseases), in subsection (4)(a), for "or National Health Service trusts" there is substituted ", National Health Service trusts or NHS foundation trusts".

62 In section 37 (removal to hospital of person with notifiable disease), in subsection (1)(c), after "NHS trust," there is inserted "NHS foundation trust,".

63 In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)(c), after "NHS trust," there is inserted "NHS foundation trust,".

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

64 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

65 In section 2 (rights of authorised representatives of disabled persons), in subsection (5)(a), after "1990" there is inserted "or by an NHS foundation trust".

66 In section 7 (persons discharged from hospital), in subsection (9), in the definition of "the managers"--

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