Regulation 3 Amendments relating to trust special administrators and overview and scrutiny committees

(1)

The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002^f1 are amended as follows.

(2)

In regulation 4 (consultation of committees by local NHS bodies other than NHS foundation trusts)^f2, after paragraph (3) insert—

“(3A)
Paragraph (1) shall not apply to any proposals contained in a trust special administrator’s report or draft report under sections 65F, 65I, 65R or 65U of the National Health Service Act 2006 (trust special administrators: reports and draft reports)^f3.”.

(3)

In regulation 4A (consultation of committees by NHS foundation trusts)^f4 after paragraph (1) insert—

“(1A)
This regulation does not apply if the substantial variation of the provision by an NHS foundation trust of protected goods or services was proposed in a trust special administrator’s report or draft report under sections 65F, 65I, 65R or 65U of the National Health Service Act 2006 (trust special administrators: reports and draft reports).”.

(4)

In regulation 5 (information to be furnished by local NHS bodies)—

(a)

in paragraph (1), for “paragraph (3)” substitute “paragraphs (3) and (7)”; and

(b)

after paragraph (6) add—

“(7)
Paragraph (1) shall not apply in relation to information contained in, or relating to, a trust special administrator’s report or draft report under sections 65F, 65I, 65R or 65U of the National Health Service Act 2006 (trust special administrators: reports and draft reports).”.

(5)

In regulation 6 (obtaining information and explanations)—

(a)

in paragraph (1), after “Subject to” insert “paragraph (5) and to”; and

(b)

after paragraph (4) add—

“(5)
An overview and scrutiny committee may not require an officer of a local NHS body to attend before the committee to answer questions in relation to a trust special administrator’s report or draft report under sections 65F, 65I, 65R or 65U of the National Health Service Act 2006 (trust special administrators: reports and draft reports).”.

Annotations

Footnotes

f1: S.I.2002/3048.
f2: Regulation 4 was amended by S.I. 2004/696 and 2006/562.
f3: Sections 65F and 65I were inserted by section 16 of the Health Act 2009 (c. 21). Sections 65R and 65U were inserted by section 17 of the Health Act 2009.
f4: Regulation 4A was inserted by S.I. 2004/696.