The Finlay amendment to the Care Bill

Baroness Finlay, an influential Crossbench peer has scheduled the following amendment to the Care Bill in the House of Lords:

Lady Finlay to move, that this House do agree with the Commons in their Amendments 40 to 43 and do propose Amendment 41A in consequence thereof:

1.      In section 65DA(1) of the National Health Service Act 2006 (Chapter 5A of Part 2: Objective of trust special administration) omit “objective” and insert “objectives” and omit “is” and insert “are.

2.      After subsection (1)(a) insert—

“(b) the continued provision of such of the services provided for the purposes of the NHS by any affected trust at such level, as the commissioners of those services determine”

3.                  After subsection 1(b) omit “(b)” and insert “(c)”.

4.                  In subsection (2) of that section after “The commissioners” insert “of the trust in special administration and any affected trust”.

5.                  In subsection (4) of that section after “the commissioners” add “of the trust in special administration and any affected trust”.

6.                  In subsection (9) of that section after ““commissioners” means the persons to which the trust provides services under this Act” add “and the commissioners of services at any affected trust”.

7.                  In section 65F insert—

“(2E) Where the administrator is considering recommending taking action in relation to another NHS foundation trust or an NHS trust which may become an affected trust, the administrator shall engage with the commissioners of services at any such NHS foundation trust or NHS trust in order to enable those commissioners to make decisions pursuant to the matters set out in section 65DA”

8.                  In section 65I(1)—

a.           after “action which the administrator recommends that the Secretary of State” insert “or the commissioners of any affected trust”; and

b.           after “should take in relation to the trust” insert “or any affected trust”

9.                  In section 65K add—

“(3) Where the final report contains recommendations for changes to be made to services provided by an affected trust, the commissioners of services at that affected trust shall make a decision within 20 working days whether they wish to undertake public and patient involvement regarding all or any of the recommendations and, if they are so minded, shall comply with any arrangements for patient and public involvement agreed by those commissioners under this Act before making any final decision concerning the said recommendations.”.

10.              In section 65KA add—

“(7) Where the final report contains recommendations for changes to be made to services provided by an affected trust, the commissioners of those services shall make a decision within 20 working days whether they wish to undertake public and patient involvement regarding all or any of the recommendations and, if they are so minded, shall comply with any arrangements for patient and public involvement agreed by those commissioners under this Act before making any final decision concerning the said recommendations”

11.              In section 65KB(1)(d) after “that” insert “to the extent that the report recommends action in relation to the trust in administration”.

12.              In section 65KB(2)(a) after “decision” insert “in relation to any recommendations made the in relation to the trust in administration”.

13.              In section 65O add—

“(4) In this chapter “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; and

(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.

14.              In section 13Q(4) at the end insert “save to the extent required by section 65K(3) or 65KA(7)”.

15.              In section 14Z2(7) at the end insert “save to the extent required by section 65K(3) or 65KA(7)”.

16.              In section 242(6)(b) at the end insert “save to the extent required by section 65K(3) or 65KA(7)”.