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

(The document as of February, 2008)

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

(a) in paragraph (a)(i), after "National Health Service trust" there is inserted ", an NHS foundation trust",

(b) in paragraph (cc), after "that trust;" there is inserted--

" (cd) in relation to a hospital vested in an NHS foundation trust, means the board of directors of that trust; " .

The Company Directors Disqualification Act 1986 (c. 46)

67 The Company Directors Disqualification Act 1986 is amended as follows.

68 After section 22B there is inserted--

" 22C Application of Act to NHS foundation trusts

(1) This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act.

(2) References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted.

(3) In the application of Schedule 1 to the directors of an NHS foundation trust, references to the provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of Part 1 of the Health and Social Care (Community Health and Standards) Act 2003. "

The AIDS (Control) Act 1987 (c. 33)

69 The AIDS (Control) Act 1987 is amended as follows.

70 In section 1 (periodical reports on matters relating to AIDS and HIV)--

(a) in subsection (1)(b)(iv), after "NHS trust" there is inserted--

" (iva) each NHS foundation trust; " ,

(b) in subsection (2)(b), after "NHS Trust" there is inserted ", NHS foundation trust".

The Copyright, Designs and Patents Act 1988 (c. 48)

71 The Copyright, Designs and Patents Act 1988 is amended as follows.

72 In section 48 (material communicated to the Crown in the course of public business), in subsection (6), after "1978" there is inserted "and an NHS foundation trust".

The Road Traffic Act 1988 (c. 52)

73 The Road Traffic Act 1988 is amended as follows.

74 In section 144 (exceptions from requirement of third-party insurance), in subsection (2), after paragraph (db) there is inserted--

" (dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner's control, " .

The Children Act 1989 (c. 41)

75 The Children Act 1989 is amended as follows.

76 In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), after "trust" there is inserted "or an NHS foundation trust".

77 In section 24C (information), in subsection (2)(c), after "trust" there is inserted "or an NHS foundation trust".

78 In section 27 (co-operation between authorities), in subsection (3)(d), for "or National Health Service trust" there is substituted ", National Health Service trust or NHS foundation trust".

79 In section 47 (local authority's duty to investigate), in subsection (11)(d), for "or National Health Service trust" there is substituted ", National Health Service trust or NHS foundation trust".

80 In section 80 (inspection of children's homes etc. by persons authorised by Secretary of State)--

(a) in subsection (1)(d), for "or National Health Service trust" there is substituted ", National Health Service trust or NHS foundation trust",

(b) in subsection (5)(e), after "National Health Service trust" there is inserted ", NHS foundation trust".

81 In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), after "National Health Service trust" there is inserted ", NHS foundation trust".

82 In Schedule 2 (local authority support for children and families), in paragraph 1A(3), after paragraph (b) there is inserted--

" (ba) every NHS foundation trust which manages a hospital (within the meaning of the Health and Social Care (Community Health and Standards) Act 2003) in the authority's area; " .

The National Health Service and Community Care Act 1990 (c. 19)

83 The 1990 Act is amended as follows.

84 In section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies)--

(a) in subsection (2), after "NHS trusts;" there is inserted--

" (ba) NHS foundation trusts; " ,

(b) in subsections (3)(a) and (4)(b), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust",

" but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust " ,

(d) in subsection (5), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

85 In Schedule 2 (NHS trusts)--

(a) in the case of patients being provided with goods and services for the purposes of the health service, paragraph 14 is to have effect in relation to accommodation and further services made available to them by an NHS foundation trust as it does in relation to accommodation and services made available by NHS trusts,

(b) in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is inserted--

" (bbd) an NHS foundation trust, or " ,

(c) in paragraph 32, at the end there is inserted "or section 28 of the Health and Social Care (Community Health and Standards) Act 2003".

The Town and Country Planning Act 1990 (c. 8)

86 Sections 238 to 240 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) apply to consecrated land and land comprised in a burial ground which an NHS foundation trust holds for any of its purposes as if--

(a) the trust were a statutory undertaker, and

(b) that land had been the subject of a relevant acquisition by the trust.

The Access to Health Records Act 1990 (c. 23)

87 The Access to Health Records Act 1990 is amended as follows.

88 In section 11 (interpretation), in the definition of "health service body", the "or" before paragraph (d) is omitted and after that paragraph there is inserted--

" (e) an NHS foundation trust; " .

The Water Industry Act 1991 (c. 56)

89 The Water Industry Act 1991 is amended as follows.

90 In Schedule 4A (premises that are not to be disconnected for non-payment of charges), in paragraph 16, at the end there is inserted "or by an NHS foundation trust".

The London Local Authorities Act 1991 (c. xiii)

91 The London Local Authorities Act 1991 is amended as follows.

92 In section 4 (interpretation of Part 2), in paragraph (d) of the definition of "establishment for special treatment", after "1990" there is inserted "or by an NHS foundation trust".

The Health Service Commissioners Act 1993 (c. 46)

93 The Health Service Commissioners Act 1993 is amended as follows.

94 In section 2 (the bodies subject to investigation), in subsection (1), after paragraph (da) there is inserted--

" (db) NHS foundation trusts, " .

The Vehicle Excise and Registration Act 1994 (c. 22)

95 The Vehicle Excise and Registration Act 1994 is amended as follows.

96 In Schedule 2 (exempt vehicles), in paragraph 7, after the "or" at the end of paragraph (b) there is inserted--

" (ba) an NHS foundation trust, or " .

The Value Added Tax Act 1994 (c. 23)

97 The Value Added Tax Act 1994 is amended as follows.

98 In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), after paragraph (e) there is inserted--

" (eaa) an NHS foundation trust; " .

The Employment Rights Act 1996 (c. 18)

99 The Employment Rights Act 1996 is amended as follows.

100 In section 50 (right to time off for public duties), in subsection (8), after paragraph (a) there is inserted--

" (ab) an NHS foundation trust, " .

101 In section 218 (change of employer), in subsection (10), after paragraph (c) there is inserted--

" (ca) NHS foundation trusts, " .

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

102 The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.

103 In section 3 (ineligible applicants), in subsection (2)(f), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

The Education Act 1996 (c. 56)

104 The Education Act 1996 is amended as follows.

105 In section 332 (duty of Health Authority, a Primary Care Trust or National Health Service trust to notify parent etc.), in subsection (1), for "or a National Health Service trust" there is substituted ", a National Health Service trust or an NHS foundation trust".

The Data Protection Act 1998 (c. 29)

106 The Data Protection Act 1998 is amended as follows.

107 In section 69 (meaning of "health professional"), in subsection (3), after paragraph (f) there is inserted--

" (fa) an NHS foundation trust; " .

The Health Act 1999 (c. 8)

108 The Health Act 1999 is amended as follows.

109 In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of "NHS body", for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

The Care Standards Act 2000 (c. 14)

110 The Care Standards Act 2000 is amended as follows.

111 In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii), after "NHS trusts" there is inserted ", NHS foundation trusts".

112 In section 121 (general interpretation), in subsection (1), in the definition of "National Health Service body", after "National Health Service trust," there is inserted "an NHS foundation trust,".

The Freedom of Information Act 2000 (c. 36)

113 The Freedom of Information Act 2000 is amended as follows.

114 In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is inserted--

" 40A An NHS foundation trust. "

The Health and Social Care Act 2001 (c. 15)

115 The Health and Social Care Act 2001 is amended as follows.

116 In section 7 (functions of overview and scrutiny committees)--

(a) in subsection (3)(b), at the end there is inserted "or to the Independent Regulator of NHS Foundation Trusts ("the regulator")",

(b) in subsection (3)(c), at the end there is inserted "(including provision as to circumstances in which the relevant authority or the regulator may require consultation on those matters in accordance with the regulations)",

117 In section 28 (pilot schemes: local pharmaceutical services), in subsection (7), after "NHS trust" there is inserted ", an NHS foundation trust".

118 In section 33 (NHS contracts), in subsection (1), after "body corporate" there is inserted "(other than an NHS foundation trust)".

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

119 The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

120 In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted--

" 53A Paragraph 8(1) of Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003. "

The International Development Act 2002 (c. 1)

121 The International Development Act 2002 is amended as follows.

122 In Schedule 1 (statutory bodies to which section 9 applies), there is inserted at the appropriate place--

" An NHS foundation trust " .

The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

123 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

124 In section 23 (joint working with the prison service), in subsection (5), in the definition of "NHS bodies", after "NHS trusts," there is inserted "NHS foundation trusts,".

The Adoption and Children Act 2002 (c. 38)

125 The Adoption and Children Act 2002 is amended as follows.

126 In section 8 (adoption support agencies), in subsection (2)(d), for "or NHS trust" there is substituted ", NHS trust or NHS foundation trust".

The Nationality, Immigration and Asylum Act 2002 (c. 41)

127 The Nationality, Immigration and Asylum Act 2002 is amended as follows.

128 In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph (ii) there is inserted--

" (iia) an NHS foundation trust, " .

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

129 The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

130 In section 1 (meaning of "NHS body" and "qualifying hospital patient"), in subsection (1), in paragraph (a) of the definition of "NHS body", after "trust;" there is inserted--

" (ab) an NHS foundation trust; " .

Section 38

SCHEDULE 5 Audit of accounts of NHS foundation trusts

General duty

1 In auditing the accounts of any NHS foundation trust an auditor must by examination of the accounts and otherwise satisfy himself--

(a) that they are prepared in accordance with directions under paragraph 25 of Schedule 1,

(b) that they comply with the requirements of all other provisions contained in, or having effect under, any enactment which are applicable to the accounts,

(d) that the trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.

Right to documents and information

2 (1) An auditor of an NHS foundation trust has a right of access at all reasonable times to every document relating to the trust which appears to him necessary for the purposes of his functions under Part 1.

(2) The auditor may--

(a) require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary for the purposes of his functions under Part 1,

(b) if he thinks it necessary, require the person to attend before him in person to give the information or explanation or to produce the document.

(3) The auditor may also--

(a) require any director or officer of the trust to give him such information or explanation as he thinks necessary for the purposes of his functions under Part 1,

(b) if he thinks it necessary, require the director or officer to attend before him in person to give the information or explanation.

(4) The trust must provide the auditor with every facility and all information which he may reasonably require for the purposes of his functions under Part 1.

This sub-paragraph does not affect the generality of sub-paragraphs (1) to (3).

(5) A person who without reasonable excuse fails to comply with any requirement of an auditor of an NHS foundation trust under any of sub-paragraphs (1) to (3) is guilty of an offence.

(6) A person guilty of an offence under sub-paragraph (5) is liable on summary conviction--

(a) to a fine not exceeding level 3 on the standard scale, and

(b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for the offence.

(7) Any expenses incurred by an auditor of an NHS foundation trust in connection with proceedings for an offence under sub-paragraph (6) alleged to have been committed in relation to the audit of the accounts of the trust, so far as not recovered from any other source, are recoverable from the trust.

Reports

3 In auditing the accounts of an NHS foundation trust, the auditor must consider--

(a) whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit, in order for it to be considered by the trust or brought to the attention of the public, and

(b) whether the public interest requires any such matter to be made the subject of an immediate report rather than of a report to be made at the conclusion of the audit.

4 (1) When an auditor of an NHS foundation trust has concluded his audit of the trust's accounts, he must enter on the accounts--

(a) a certificate that he has completed the audit in accordance with Part 1, and

(b) his opinion on the accounts.

(2) But where the auditor makes a report to the board of governors and board of directors of the trust under paragraph 3 at the conclusion of the audit, he may instead include the certificate and his opinion in that report.

5 (1) Any report under paragraph 3 must be sent by the auditor to the board of governors and board of directors of the trust and to the regulator--

(a) at once if it is an immediate report,

(b) otherwise not later than 14 days after conclusion of the audit.

(2) The directors must take the report into consideration as soon as practicable after receiving it.

Referral to regulator

6 If the auditor of an NHS foundation trust has reason to believe that the trust or a director or officer of the trust--

(a) is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful, or

(b) is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,

he must refer the matter at once to the regulator.

Audit of accounts of directors or officers

7 (1) Where a director or officer of an NHS foundation trust receives money or other property--

(a) on behalf of the trust, or

(b) for which he ought to account to the trust,

the accounts of the director or officer are to be audited by the auditor of the accounts of the trust.

(2) The accounts of the director or officer are to be made up to 31st March.

(3) Paragraph 25(5) of Schedule 1 and paragraphs 1 to 5 of this Schedule apply with the necessary modifications to the audit under this paragraph.

Restriction on disclosure of information

8 (1) No information relating to an NHS foundation trust or other person and obtained by an auditor (or by a person acting on the auditor's behalf) under Part 1 or in the course of an audit under that Part is to be disclosed except--

(a) with the consent of the person to whom the information relates,

(b) for the purposes of any functions of an auditor of an NHS foundation trust,

(d) for the purposes of the functions of the Comptroller and Auditor General under Part 1,

(e) for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Part 2,

(f) for the purposes of any criminal proceedings.

(2) A person who discloses information in contravention of sub-paragraph (1) is guilty of an offence.

(3) A person guilty of an offence under sub-paragraph (2) is liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or to both),

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or to both).

Section 41(2)

SCHEDULE 6 CHAI: supplementary

Status

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

General powers and duties

2 (1) The CHAI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2) That includes, in particular--

(a) co-operating with other public authorities in the United Kingdom,

(b) acquiring and disposing of land and other property,

(d) providing training.

(3) It is the duty of the CHAI to carry out its functions effectively, efficiently and economically.

Chairman and other members

3 (1) The CHAI is to consist of--

(a) a person appointed as chairman by the relevant Special Health Authority,

(b) a member appointed by the relevant Special Health Authority who appears to that Authority to be suited to make the interests of Wales his special care, and

(2) In paragraphs (a) and (c) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that paragraph.

(3) In paragraph (b) of sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Assembly to exercise the function of appointment under that paragraph.

(4) The Secretary of State may in the prescribed manner remove from office any person appointed under sub-paragraph (1)(a) or (c) if (and only if) he is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(5) The Assembly may in the prescribed manner remove from office the person appointed under sub-paragraph (1)(b) if (and only if) the Assembly is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(6) The conditions referred to in sub-paragraphs (4) and (5) in relation to a person are that--

(a) he is unable or unfit to carry out the duties of his office;

(b) he is failing to carry out the duties of his office;

(7) The Secretary of State may by regulations make provision as to--

(a) the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment), and

(b) subject to this paragraph, the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office, are disqualified from holding office or may be suspended from office).

(8) Regulations under sub-paragraph (7)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State (or, in the case of a person appointed under sub-paragraph (1)(b), the Assembly) that one of the conditions referred to in sub-paragraph (6) is or may be satisfied in relation to that person.

(9) The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (2) to exercise so much of any function of his under sub-paragraph (4) or under regulations under sub-paragraph (7) as may be specified in the direction.

(10) The Assembly may direct the Special Health Authority referred to in sub-paragraph (3) to exercise so much of any function of the Assembly under sub-paragraph (5) or under regulations under sub-paragraph (7) as may be specified in the direction.

(11) The Special Health Authority referred to in sub-paragraph (2) must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the Special Health Authority referred to in sub-paragraph (3) must consult the Secretary of State before exercising the function of appointment under sub-paragraph (1)(b).

(12) The Secretary of State must consult the Assembly before exercising any of his functions under sub-paragraph (4) or (7).

(13) The Assembly must consult the Secretary of State before exercising any of its functions under sub-paragraph (5) or (7).

(14) Where directions are given under this paragraph to a Special Health Authority, the 1977 Act has effect as if--

(a) the directions were directions under section 16D of that Act for the exercise of functions relating to the health service and, accordingly,

(b) the functions were exercisable by the Special Health Authority under that section.

(15) Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section.

Remuneration of chairman and other members

4 (1) The CHAI may pay to its chairman, or to any other member, such remuneration and allowances as the Secretary of State may determine.

(2) If the Secretary of State so determines, the CHAI must pay or make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or other member of the CHAI.

(3) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the CHAI to receive compensation, the CHAI must pay to him, or make provision for the payment to him of, such compensation as the Secretary of State may determine.

(4) The Secretary of State must consult the Assembly before exercising any of his functions under this paragraph.

Employees

5 (1) The CHAI must appoint a chief executive (to be known as the "Chief Inspector of Healthcare"), who is to be an employee of the CHAI.

(2) The CHAI may appoint such other employees as it considers appropriate.

(3) Employees of the CHAI are to be appointed on such terms and conditions as it may determine.

(4) Without prejudice to its other powers, the CHAI may pay, or make provision for the payment of--

(a) pensions, allowances or gratuities, or

(b) compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

Procedure

6 (1) The CHAI may--

(a) appoint such committees and sub-committees (which may consist of or include persons who are not members of the CHAI) as it thinks fit;

(b) pay such remuneration and allowances to members of its committees and sub-committee as it thinks fit.

(2) The CHAI may in all other respects regulate its own procedure.

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