§ 161 Leave out Schedule 1
The Commons disagree to this amendment but propose the following amendments to the words so restored to the Bill—
§ 161A Page 108, line 11, leave out from beginning to end of line 8 on page 109 and insert—
§ "Eligibility for membership
§ Becoming a member
§ 161B Page 109, leave out lines 15 to 17 and insert—
(4) Members of a constituency or, where there are classes within it, members of each class may elect any of their number to be a member of the board
§ 161C Page 109, leave out line 32 and insert "members of the corporation other than those who come within paragraph 3(1)(b)"
§ 161D Page 109, line 33, at end insert "(or, where there are classes within it, by each class)"
§ 161E Page 109, line 39, leave out "the area specified under paragraph 3(1)(a)" and insert "an area specified in the constitution as the area for a public constituency"
§ 161F Page 110, line 1, leave out from beginning to "may'' in line 2 and insert "An elected member of the board of governors"
§ I61G Page 110, leave out lines 4 and 5 and insert— "( ) But such a member ceases to hold office if he ceases to be a member of the corporation"
§ 161H Page 110, line 27, after second "executive", insert "(and accounting officer)"
§ 1611 Page 110, line 29, at end insert—
( ) One of the executive directors is to be a registered medical practitioner or a registered dentist (within the meaning of the Dentists Act 1984 (c. 24)); and another is to be a registered nurse or a registered midwife
§ 161J Page 110, line 33, leave out "the public constituency" and insert "a public constituency or the patients' constituency"
§ 161K Page 110, line 43, leave out "the chief executive" and insert "a committee consisting of the chairman, the chief executive and the other non-executive directors"
§ 161L Page 111, leave out lines 1 and 2 and insert—
( ) The appointment of a chief executive requires the approval of the board of governors
§ 161M Page 111, line 8, at end insert "but the constitution may make provision for those matters to be decided pending the establishment of such a committee.2031
§ Initial directors of former NHS trusts
§ 161N Page 111, line 12, at end insert "and, where there are classes within it, the class to which he belongs"
§ 1610 Page 111, line 13, at end insert— "( ) a register of interests of the members of the board of governors"
§ 161P Page 111, line 18, at end insert "members of the board of governors and of
§ 161Q Page 111, line 20, leave out from beginning to "available" and insert "A public benefit corporation is to make the following documents"
§ 161R Page 111, leave out line 25
§ 161S Page 111, line 32, at end insert—
( ) The corporation is also to make the registers mentioned in paragraph 18 available for inspection by members of the public, except in circumstances prescribed by regulations; and, so far as the registers are required to be available—
§ 161T Page 111, line 33, leave out "the copy or extract" and insert "a copy or extract under this paragraph"
§ 161U Page 111, line 38, at end insert—
( ) An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission
§ 161V Page 112, leave out lines 4 and 5 and insert—
( ) Where an officer of the Audit Commission is appointed as auditor, the Commission is to charge the public benefit corporation such fees for his services as will cover the full cost of providing them.
( ) The corporation is to establish a committee of non-executive directors as an audit committee to perform such monitoring, reviewing and other functions as are appropriate.
( ) In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales
§ 161W Page 112, line 13, at end insert—
( ) If trustees are appointed under section 22, the Comptroller and Auditor General may also examine—
§ 61X Page 112, leave out line 31 and insert—
( ) The constitution is to provide for the functions of the corporation under this paragraph to be delegated to the accounting officer
§ 161Y Page 112, line 38, leave out "and the registrar of companies"
§ 161Z Page 112, line 41, leave out "its public constituency" and insert "any public constituency and (if there is one) of the patients' constituency"
§ 161AA Page 113, line 2, leave out "him" and insert "it"
§ 161BB Page 113, leave out lines 6 and 7 and insert—
( ) The document containing the information is to be prepared by the directors.
( ) In preparing the document the directors must have regard to the views of the board of governors
§ Lord Warner
My Lords, I beg to move that the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill. Briefly, I wish to remind the House what I said earlier. The will of the Commons has been expressed in this area. Sensible amendments to this schedule have been discussed and inserted into the schedule, and many people in this House have agreed to those amendments in our debates.
§ Moved, That the House do not insist on its Amendment No. 161 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill.—(Lord Warner.)
§ 161CC Lord Clement-Jones rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 161 and do agree with the Commons in their Amendments Nos. 161A to 161BB to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 161".
§ Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 161 and do agree with the Commons in their Amendments Nos. 161A to 161 BB to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 161".
§ 10.46 p.m.
§ On Question, Whether the said amendment (No. 161CC) shall be agreed to?
§ Their Lordships divided: Contents, 169; Not-Contents, 100.2034
|Addington, L.||Avebury, L.|
|Alderdice, L.||Barker, B. [Teller]|
|Anelay of St Johns, B.||Bell, L.|
|Arran, E.||Biffen, L.|
|Astor of Hever, L.||Blatch, B.|
|Attlee, E.||Bowness, L.|
|Bradshaw, L.||Lucas, L.|
|Bridgeman, V.||Luke, L.|
|Brooke of Sutton Mandeville, L.||Lyell, L.|
|Brougham and Vaux, L.||McAlpine of West Green, L.|
|Buscombe, B.||MacGregor of Pulham Market,|
|Caithness, E.||Maclennan of Rogart, L.|
|Campbell of Alloway, L.||McNally, L.|
|Carlile of Berriew, L.||Maddock, B.|
|Carlisle of Bucklow, L.||Mancroft, L.|
|Chadlington, L.||Mar and Kellie, E|
|Chalker of Wallasey, B.||Marlesford, L.|
|Chester, Bp.||Masham of Ilton, B.|
|Clement-Jones, L.||Mayhew of Twysden, L.|
|Colwyn, L.||Methuen, L.|
|Cope of Berkeley, L.||Michie of Gallanach, B.|
|Courtown, E.||Miller of Chilthorne Domer, B.|
|Craigavon, V.||Miller of Hendon, B.|
|Crathorne, L.||Monro of Langholm, L.|
|Crickhowell, L.||Montagu of Beaulieu, L.|
|Cumberlege, B.||Montrose, D.|
|Darcy de Knayth, B.||Naseby, L.|
|Denham, L.||Newby, L.|
|Dholakia, L.||Noakes, B.|
|Dixon-Smith, L.||Northbourne, L.|
|Dundee, E.||Northbrook, L.|
|Eccles of Moulton, B.||Northesk, E.|
|Elton, L.||Northover, B.|
|Ezra, L.||Norton of Louth, L.|
|Falkland, V.||Oakeshott of Seagrove Bay, L.|
|Ferrers, E.||O'Cathain, B.|
|Finlay of Llandaff, B.||Onslow, E.|
|Flather, B.||Park of Monmouth, B.|
|Fookes, B.||Parkinson, L.|
|Forsyth of Drumlean, L.||Peel, E.|
|Fowler, L.||Phillips of Sudbury, L.|
|Freeman, L.||Plumb, L.|
|Gardner of Parkes, B.||Prior, L.|
|Glentoran, L.||Rawlings, B.|
|Goodhart, L.||Razzall, L.|
|Goschen, V.||Reay, L.|
|Gray of Contin, L.||Redesdale, L.|
|Greaves, L.||Rees, L.|
|Greenway, L.||Rennard, L.|
|Hamwee, B.||Renton, L.|
|Hanham, B.||Richardson of Calow, B.|
|Harris of Peckham, L.||Roberts of Conwy, L.|
|Harris of Richmond, B.||Rodgers of Quarry Bank, L.|
|Hayhoe, L.||Roper, L.|
|Henley, L.||Rotherwick, L.|
|Hereford, Bp.||Russell, E.|
|Higgins, L.||Russell-Johnston, L.|
|Hodgson of Astley Abbotts, L.||Ryder of Wensurn, L.|
|Hogg, B.||Sanderson of Bowden, L.|
|Holme of Cheltenham, L.||Scott of Needham Market, B.|
|Home, E.||Seccombe, B. [Teller]|
|Howe, E.||Selborne, E.|
|Howe of Aberavon, L.||Selsdon, L.|
|Howell of Guildford, L.||Sharman. L.|
|Hunt of Wirral, L.||Sharp of Guildford, B.|
|Hurd of Westwell, L.||Sharples, B.|
|Jacobs, L.||Shutt of Greetland,L.|
|Jenkin of Roding, L.||Skelmersdale, L.|
|Jopling, L.||Smith of Clifton, L.|
|Kimball, L.||Steel of Aikwood, L.|
|King of Bridgwater,L.||Stoddart of Swindon, L.|
|Kingsland, L.||Strange, B.|
|Kirkham, L.||Swinfen, L.|
|Knight of Collingtree, B.||Thomas of Gresford, L.|
|Laing of Dunphail, L.||Thomas of Walliswood, B.|
|Laird, L.||Thomson of Monifieth, L.|
|Lamont of Lerwick, L.||Tordoff, L.|
|Lester of Herne Hill, L.||Trefgarne, L.|
|Linklater of Butterstone, B.||Ullswater, V.|
|Liverpool, Bp.||Waddington, L.|
|Livsey of Talgarth, L.||Wakeham, L.|
|Wallace of Saltaire, L.||Wilcox, B.|
|Walmsley,B.||Williams of Crosby, B.|
|Watson of Richmond, L.||Worcester, Bp.|
|Acton, L.||Howells of St. Davids, B.|
|Alli, L.||Hoyle, L.|
|Andrews, B.||Hughes of Woodside, L.|
|Archer of Sandwell, L.||Hunt of Chesterton, L.|
|Ashton of Upholland, B.||Hunt of Kings Heath, L.|
|Bach, L.||Irvine of Lairg, L.|
|Bassam of Brighton, L.||Jay of Paddington, B.|
|Billingham, B.||Jones, L.|
|Blackstone, B.||Judd, L.|
|Bragg, L.||Kennedy of The Shaws, B.|
|Brett, L.||Layard, L.|
|Brooke of Alverthorpe, L.||Lea of Crondall, L.|
|Burlison, L.||Lofthouse of Pontefract, L.|
|Campbell-Savours, L.||Macdonald of Tradeston, L.|
|Carter, L.||McIntosh of Haringey, L.|
|Chandos,V.||McIntosh of Hudnall, B.|
|Clark of Windermere,L.||MacKenzie of Culkein, L.|
|Corbett of Castle Vale, L.||Mackenzie of Framwellgate, L.|
|Craig of Radley, L.||Mallalieu, B.|
|Crawley, B.||Massey of Darwen, B.|
|Davies of Coity, L.||Mitchell, L.|
|Davies of Oldham, L. [Teller]||Morgan of Huyton, B.|
|Dean of Thomton-le-Fylde, B.||Morris of Aberavon, L|
|Desai, L.||Pitkeathley, B.|
|Dixon, L.||Plant of Highfield, L.|
|Dubs, L.||Powell of Bayswater, L.|
|Elder, L.||Radice, L|
|Evans of Parkside, L.||Randall of St.Budeaux, L.|
|Evans of Temple Guiting, L.||Rees-Mogg, L.|
|Farrington of Ribbleton, B.||Rooker, L|
|[Teller]||Sainsbury of Turville, L.|
|Faulkner of Worcester, L||Sawyer, L.|
|Filkin, L.||Scotland of Asthal, B.|
|Gale, B.||Sewel, L.|
|Gibson of Market Rasen, B.||Simon V|
|Gilbert, L.||Smith of Leigh, L.|
|Golding, B.||Stone of Blackheath, L.|
|Goldsmith, L.||Taylor of Blackburn, L|
|Goudie, B.||Temple-Morris, L.|
|Gould of Potternewton, B.||Thornton, B.|
|Graham of Edmonton, L.||Tomlinson, L.|
|Greengross, B.||Turnberg, L.|
|Hannay of Chiswick, L.||Warner, L.|
|Harris of Haringey, L.||Warwick of Undercliffe, B.|
|Harrison, L.||Whitaker, B.|
|Haskel, L.||Whitty, L.|
|Hayman, B.||Wilkins, B.|
|Hogg of Cumbemauld, L.||Williamson of Horton, L.|
|Hollis of Heigham, B.||Woolmer of Leeds, L.|
§ Resolved in the affirmative, and amendment agreed to accordingly. Motion, as amended, agreed to.
§ 10.57 p.m.
§ Lord Davies of Oldham
My Lords, I beg to move that the House do adjourn during pleasure until 11.15 p.m. to receive the Commons message on the Criminal Justice Bill. A Business Statement will then be made.
§ Moved, That the House do adjourn during pleasure until 11.15 p.m.—(Lord Davies of Oldham.)
§ Lord Cope of Berkeley
My Lords, it is wise that the House should rise until 11.15 in order to receive the 2035 message from the Commons on the Criminal Justice Bill. At that time it would be wise for the House to give time to reflect on the amendments that have been made to the Criminal Justice Bill and are in dispute between the two Houses. I shall therefore seek at 11.15 to move the adjournment of the House for today, so that we might resume discussion of the Criminal Justice Bill and any other outstanding business on the morrow.
§ Lord Davies of Oldham
My Lords, we are making considerable progress on the Criminal Justice Bill. We intend to make progress on the Health and Social Care (Community Health and Standards) Bill too. It would be unprecedented for the House to adjourn at this stage when the other place is waiting upon our deliberations. Accordingly, I value very greatly the offer made by the Opposition Chief Whip that we should enter into discussions during the adjournment.
§ On Question, Motion agreed to.
§ [The Sitting was suspended from 10.59 to 11.15 p.m.]