Textual Amendments
F1Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)
(1)Within the period of 45 working days beginning with the day on which a trust special administrator's appointment takes effect, the administrator must provide to the Secretary of State and publish a draft report stating the action which the administrator recommends the Secretary of State should take in relation to the trust.
(2)When preparing the draft report, the administrator must consult—
(a)any Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, and
(b)any other person to which the trust provides goods or services under this Act and which the Secretary of State directs the administrator to consult.
(3)After receiving the draft report, the Secretary of State must lay it before Parliament.
(1)At the same time as publishing a draft report under section 65F, a trust special administrator must publish a statement setting out the means by which the administrator will seek responses to the draft report.
(2)The statement must specify a period of 30 working days within which the administrator seeks responses (the “consultation period”).
(3)The first day of the consultation period must be within the period of 5 working days beginning with the day on which the draft report is published.
(1)The following duties apply during the consultation period.
(2)The trust special administrator must publish a notice stating that the administrator is seeking responses to the draft report and describing how people can give their responses.
(3)A notice under subsection (2) must include details of how responses can be given in writing.
(4)The trust special administrator must hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.
(5)The trust special administrator must hold at least one other meeting to seek responses from any person who wishes to attend, after publishing notice of the date, time and place of the meeting.
(6)Notices under subsections (2) and (5) must be published at least once in the first 5 working days of the consultation period.
(7)The trust special administrator must request a written response from—
(a)any Strategic Health Authority in whose area the trust has hospitals, establishments or facilities;
(b)any other person to which the trust provides goods or services under this Act, if required by directions given by the Secretary of State;
(c)any person within subsection (8), if required by directions given by the Secretary of State.
(8)The persons within this subsection are—
(a)an overview and scrutiny committee of any authority to which section 244 applies;
(b)a committee of a local authority operating alternative arrangements under Part 2 of the Local Government Act 2000 which exercises functions corresponding to those of an overview and scrutiny committee under section 21(2)(f) of that Act;
(c)a joint overview and scrutiny committee;
(d)a committee established under section 247(1);
(e)a person carrying on, in pursuance of arrangements made by any local authority under subsection (1) of section 221 of the Local Government and Public Involvement in Health Act 2007, activities specified in subsection (2) of that section (local involvement networks);
(f)the member of Parliament for any constituency.
(9)The trust special administrator must hold at least one meeting to seek responses from representatives of each of the persons from whom the administrator must request a written response under subsection (7)(a) or (b).
(10)The Secretary of State may direct an administrator to—
(a)request a written response from any person;
(b)hold a meeting to seek a response from any person.
(11)In subsection (4) “staff of the trust” means persons employed by the trust or otherwise working for the trust (whether as or on behalf of a contractor, as a volunteer or otherwise).
(1)Within the period of 15 working days beginning with the end of the consultation period, the trust special administrator must provide to the Secretary of State a final report stating the action which the administrator recommends that the Secretary of State should take in relation to the trust.
(2)The administrator must attach to the final report a summary of all responses to the draft report which were received by the administrator in the period beginning with the publication of the draft report and ending with the last day of the consultation period.
(3)After receiving the administrator's final report, the Secretary of State must publish it and lay it before Parliament.
(1)This section applies to—
(a)the duty of a trust special administrator to provide a draft report within the period specified in section 65F(1);
(b)the duty of a trust special administrator to consult in the consultation period specified under section 65G(2);
(c)the duty of a trust special administrator to provide a final report within the period specified in section 65I(1).
(2)If the Secretary of State thinks it is not reasonable in the circumstances for the administrator to be required to carry out the duty within the specified period, the Secretary of State may by order extend the period.
(3)If an order is made extending the period mentioned in subsection (1)(a) or (c) the trust special administrator must publish a notice stating the new date on which the period will expire.
(4)If an order is made extending the period mentioned in subsection (1)(b) the trust special administrator must—
(a)publish a notice stating the new date on which the period will expire, and
(b)publish a statement setting out the means by which the administrator will seek responses to the draft report during the extended consultation period.]