Moved by
Earl Howe
That this House do disagree with the Commons in their Amendment 42 but do propose Amendments 42B and 42C in lieu—
42: Clause 118, page 103, line 22, at end insert—
“(ba) in that paragraph, after sub-paragraph (7) insert—
“(8) Omit subsection (8).”.”
42B: Clause 118, page 102, line 14, leave out subsection (3)
42C: Clause 118, page 103, line 20, leave out paragraph (b) and insert—
“(b) 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 “—
(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,”,
(ba) in paragraph 15(4), after the new subsection (2C) to be inserted into that section, insert—
“(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.”,
(bb) in paragraph 15, after sub-paragraph (7) insert—
“(8) Omit subsections (8) to (10).”.”