PART 3Health
CHAPTER 4Trust special administration
120Powers of administrator etc.
(1)
“(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)
“—
(i)
would achieve the objective set out in section 65DA(1)(a), and
(ii)
would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,”.
(4)
“(8)
Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) 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.
(9)
A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(10)
Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.”
(5)
In section 65G of that Act (consultation plan), in subsection (2), for “30 working days” substitute “
40 working days
”
.
(6)
“—
(i)
would achieve the objective set out in section 65DA(1)(a), and
(ii)
would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,”.
(7)
“(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.”
(8)
A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (4) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(9)
Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.”
(8)
In section 65H of that Act (consultation requirements), in subsection (4)—
(a)
“—
(a)”, and
(b)
“, and
(b)
in the case of each affected trust, 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.”
(9)
“(bza)
any affected trust;
(bzb)
any person to which an affected trust provides goods or services under this Act that would be affected by the action recommended in the draft report;
(bzc)
any local authority in whose area the trust provides goods or services under this Act;
(bzd)
any local authority in whose area an affected trust provides goods or services under this Act;
(bze)
any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or (bzd);”.
(10)
In subsection (8) of that section, omit paragraph (e).
(11)
In subsection (9) of that section—
(a)
“—
(a)”,
(b)
after “subsection (7)(b),” (but before the insertion made by section 85(10)(b) of this Act) insert “
(bzb),
”
, and
(c)
“(b)
hold at least one meeting to seek responses from representatives of each of the trusts from which the administrator must request a written response under subsection (7)(bza), and
(c)
hold at least one meeting to seek responses from representatives of each of the local authorities and Local Healthwatch organisations from which the administrator must request a written response under subsection (7)(bzc), (bzd) and (bze).”
(12)
“(11A)
In this section, “affected trust” means—
(a)
where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods or services under this Act that would be affected by the action recommended in the draft report;
(b)
where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which provides services under this Act that would be affected by the action recommended in the draft report.
(11B)
In this section, a reference to a local authority includes a reference to the council of a district only where the district is comprised in an area for which there is no county council.”
(13)
In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “
, (bzb), (bzc) and (bzd)
”
.
(14)
“(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.”
(15)
“(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).”
(16)
“(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).”
(17)
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).
”
(18)
In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)—
(a)
“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)
“—
(i)
would achieve the objective set out in section 65DA(1)(a), and
(ii)
would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust that provides services under this Act to the commissioner,”,
(c)
“(2D)
Where the administrator recommends taking action in relation to another NHS foundation trust, the references in subsection (2A) to a commissioner also include a reference to a person to which the other NHS foundation trust provides services under this Act that would be affected by the action.
(2E)
A service provided by an NHS foundation trust is an essential service for the purposes of subsection (2A) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(2F)
Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.”,
(d)
“(8)
Omit subsections (8) to (10).”,
(e)
“(2)
In subsection (4)(a)(ii) of that section, omit “or NHS trust”.
(3)
In subsection (7) of that section, omit “or an NHS trust” and “or the NHS trust”.
(4)
In subsection (8) of that section, omit “or an NHS trust”.”,
(f)
in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute “
paragraphs (b), (bzb), (bzc) and (bzd)
”
,
(g)
“(4A)
In subsection (11A)—
(a)
omit paragraph (a), and
(b)
in paragraph (b), omit “where the trust in question is an NHS foundation trust,” and “, or an NHS trust,”.”,
(h)
“(2A)
Omit subsection (1A).”,
(i)
“24A
In section 65O (interpretation)—
(a)
omit subsection (2), and
(b)
in subsection (3), omit “or an NHS trust”.”, and
(j)
“, and
(e)
in subsection (6), omit “makes a decision under section 65K(1),”.”