Section 120: Powers of administrator etc., Care Act 2014

In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2: interpretation) (the existing text of which becomes subsection (1)) at the end insert—

In section 65F of that Act (administrator's draft report), in subsection (1), for "45 working days" substitute ." 65 working days "

In subsection (5)(a) of that section, for "would achieve the objective set out in section 65DA(1)(a)" substitute

After subsection (7) of that section insert—

In section 65G of that Act (consultation plan), in subsection (2), for "30 working days" substitute ." 40 working days "

In subsection (4)(a) of that section, for "would achieve the objective set out in section 65DA(1)(a)" substitute

After subsection (6) of that section insert—

In section 65H of that Act (consultation requirements), in subsection (4)—

after "trust special administrator must" insert— a, and

at the end insert, and bin 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.

In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) inserted by section 85(10)(a) of this Act) insert—

In subsection (8) of that section, omit paragraph (e).

In subsection (9) of that section—

after "trust special administrator must" insert— a,

after "subsection (7)(b)," (but before the insertion made by section 85(10)(b) of this Act) insert , and" (bzb), "

at the end insert—bhold 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), andchold 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).

After subsection (11) of that section, insert—

In subsection (12)(a) of that section, after "subsection (7)(b)", insert ." , (bzb), (bzc) and (bzd) "

In section 65N of that Act (guidance), after subsection (1) insert—

In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the end insert—

In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end insert—

In section 242 of that Act (public involvement and consultation by NHS trusts and foundation trusts), in subsection (6)—

for "65I, 65R or 65U" substitute , and" or 65I "

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). "

In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)—

after paragraph 4 insert—4AIn section 13Q(4) (public involvement and consultation by Board), omit "makes a decision under section 65K(1),".4BIn section 14Z2 (public involvement and consultation by clinical commissioning groups), omit "makes a decision under section 65K(1),".,

in paragraph 15(4), in the new subsection (2A) to be inserted into section 65F of the National Health Service Act 2006, in paragraph (a), for "would achieve the objective set out in section 65DA(1)(a)" substitute— iwould achieve the objective set out in section 65DA(1)(a), andiiwould 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,,

in paragraph 15(4), after the new subsection (2C) to be inserted into that section, insert—2DWhere 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.2EA 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.2FSection 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.,

in paragraph 15, after sub-paragraph (7) insert—8Omit subsections (8) to (10).,

in paragraph 16 (the text of which becomes sub-paragraph (1)) at the end insert—2In subsection (4)(a)(ii) of that section, omit "or NHS trust".3In subsection (7) of that section, omit "or an NHS trust" and "or the NHS trust".4In subsection (8) of that section, omit "or an NHS trust".,

in paragraph 17, in sub-paragraph (2)(a), for "paragraph (b)" substitute ," paragraphs (b), (bzb), (bzc) and (bzd) "

in that paragraph, after sub-paragraph (4) insert—4AIn subsection (11A)—aomit paragraph (a), andbin paragraph (b), omit "where the trust in question is an NHS foundation trust," and ", or an NHS trust,".,

in paragraph 24, after sub-paragraph (2) insert—2AOmit subsection (1A).,

after that paragraph insert—24AIn section 65O (interpretation)—aomit subsection (2), andbin subsection (3), omit "or an NHS trust"., and

in paragraph 35, omit the "and" preceding paragraph (d) and after that paragraph insert, and ein subsection (6), omit "makes a decision under section 65K(1),".

Section 120: Powers of administrator etc.

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