HC Deb 08 July 2003 vol 408 cc929-32

25 (1) The constitution is to make provision for the authentication of the fixing of the organisation's seal.

(2) A document purporting to be duly executed under the organisation's seal or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.'.

Amendment No. 165, in page 99, line 2, leave out schedule 1.

Government amendment No. 253.

Amendment No. 228, in schedule 1, page 99, line 18, at end insert

'other than those attending accident and emergency who have been treated and discharged within one hour of being medically examined'. Government amendment No. 254.

Amendment No. 229, in page 99, line 25, at end insert—

'(2) The minimum number of members required in the public constituency shall not be less than 15 per cent. of those registered to vote in local government elections in the area specified for the purpose in the constitution.'. Amendment No. 334, in page 99, line 26, leave out paragraph 5 and insert—

'5(1) All persons who are entitled to vote in parliamentary elections in parliamentary constituencies which fall (partly or wholly) within the area specified for the purposes of paragraph 3(1) in respect of a public benefit corporation shall be members of that corporation. (2) For the purposes of this paragraph, entitlement to vote shall be determined in accordance with the provisions of section 1 of the Representation of the People Act 1983 (c.2) (parliamentary electors).'. Government amendments Nos. 255 to 257.

Amendment No. 335, in page 100, line 2, at end insert

'comprising twelve members, eight of whom are to be elected and four of whom are to be co-opted'. Amendment No. 404, in page 100, line 2, at end insert

'members of which are to be appointed from the constituencies set out in paragraph 7'. Government amendment No. 258.

Amendment No. 336, in page 100, line 5, leave out 'appointed' and insert 'co-opted'.

Amendment No. 337, in page 100, line 5, leave out from 'provisions' to end of line 6.

Amendment No. 405, in page 100, line 7, leave out subparagraph (3).

Amendment No. 338, in page 100, line 7, leave out 'appointed' and insert 'co-opted'.

Amendment No. 339, in page 100, line 8, at end insert—

'(3A)Members of the public constituency may elect any of their number to be a member of the board. (3B) To be eligible to stand for election a member must—

  1. (a) have been nominated by at least 50 other members of the public constituency in accordance with the provisions of Schedule 1 of the Representation of the People Act 1983 (c.2), and
  2. (b) have his main residence within the area specified for the purposes of paragraph 3(1) in respect of the public benefit corporation.
(3C) The provisions of Part 1 of the Representation of the People Act 1983 shall apply to elections under this paragraph in respect of the public constituency as they apply to parliamentary elections, subject to such modifications as the Secretary of State may by order specify.'. Amendment No. 406, in page 100, line 9, leave out subparagraph (4).

Amendment No. 340, in page 100, line 9, leave out 'public constituency or the'.

Amendment No. 407, in page 100, line 11, leave out subparagraph (5).

Amendment No. 341, in page 100, line 11, after 'election', insert

'in respect of the staff constituency'. Government amendment No. 259.

Amendment No. 230, in page 100, line 11, at end insert—

'(6) The board of governors shall not be properly constituted unless at least 20 per cent. of members of the relevant constituency have voted in the election.'. Government amendment No. 260.

Amendment No. 408, in page 100, line 12, leave out subparagraph (1) and insert—

'(1) The trust will propose a scheme for approval by the Secretary of State for the constitution of the board of governors, which must include the following constituencies—

  1. (a) elected members of the local authority;
  2. (b) groups representing the local community;
  3. (c) persons representing the staff of the trust;
  4. (d) persons representing local Primary Care Trusts;
  5. (e)a university, if the hospital includes a medical or dental school provided by the university; and
  6. (f) any other groups the Board identifies as appropriate.
(1A) The balance of membership will be decided by individual boards.'. Amendment No. 342, in page 100, line 12, leave out 'More than half and insert 'Seven'.

Amendment No. 343, in page 100, line 14, leave out 'At least'.

Amendment No. 344, in page 100, line 15, leave out 'appointed by' and insert 'co-opted to represent'.

Amendment No. 61, in page 100, line 15, at end insert

'(in England) or a Local Health Board (in Wales)'. Amendment No. 345, in page 100, line 15, at end insert

'in the case of a public benefit corporation primarily providing hospital services and an NHS hospital in the case of a public benefit corporation primarily providing primary care services'. Amendment No. 354, in page 100, line 16, at end insert—

'() At least one member of the board is to be appointed by one or more qualifying local authorities. A qualifying local authority is a local authority for an area which includes the whole or part of the area specified under paragraph 3(1)(a).'. Amendment No. 346, in page 100, line 18, leave out 'appointed by' and insert 'co-opted to represent'.

Government amendment No. 261.

Amendment No. 347, in page 100, line 19, at end insert—

'(5) The co-opted members shall be so co-opted by a decision of the elected members of the board. (6) The chairman may (with the agreement of the majority of the board) remove any of the co-opted members.'. Amendment No. 348, in page 101, line 6, at end insert—

'(lA) The chairman shall be one of the members of the board of governors elected in respect of the public constituency.'. Government amendments Nos. 262 and 263.

Amendment No. 242, in page 101, line 28, at end insert—

'(d) a register of interests of the directors.'. Amendment No. 243, in page 101, line 30, at end insert—

'17A The constitution is to make provision for dealing with conflicts of interest of the directors.'. Amendment No. 244, in page 101, line 36, leave out paragraph (c) and insert—

'(c) the registers mentioned in paragraph 17,'. Amendment No. 349, in page 102, line 5, leave out subparagraphs (2) and (3) and insert—

'(2) The auditor is to be the Comptroller and Auditor General.'. Amendment No. 350, in page 102, line 20, leave out 'corporation's auditor' and insert 'Comptroller and Auditor General'.

Amendment No. 351, in page 102, line 21, leave out subparagraphs (3) and (4).

Amendment No. 352, in page 102, line 39, leave out from 'and' to 'before' in line 40 and insert

'the report of the Comptroller and Auditor General thereon'. Amendment No. 353, in page 103, line 6, at end insert—

'(1A) The report shall contain a breakdown of the costs incurred by the public benefit corporation running elections and managing the membership.'. Amendment No. 234, in page 103, line 7, leave out 'any' and insert—

  1. (a) information on any steps taken by the corporation to secure that (taken as a whole) the actual membership of its public constituency is representative of those eligible for such membership,
  2. (b) any other'.
Amendment No. 167, in page 103, line 28, leave out schedule 2.

Amendment No. 62, in schedule 2, page 104, line 13, at end insert—