§ Baroness Noakesasked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 13 January (WA 35), what they estimate to be the costs of the independent regulator during 2003–04 and 2004–05 based on the powers and duties set out in A Guide to NHS Foundation Trusts and on the basis that the number of successful applicants for National Health Service trust status in October 2003 is (a) 5, (b) 10 and (c) 20. [HL1175]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)The costs of the independent regulator have not yet been estimated on this basis.
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§ Baroness Noakesasked Her Majesty's Government:
Whether it would be possible under existing legislation for (a) the Secretary of State, (b) strategic health authorities, (c) primary care trusts or (d) other bodies within the National Health Service to guarantee the borrowings of National Health Service foundation trusts or whether specific legislative powers would need to be taken in the legislation enabling the creation of National Health Service foundation trusts. [HL1176]
§ Lord Hunt of Kings HeathThe regime for managing financial failure will safeguard the Secretary of State for Health's overriding priority—that National Health Service patients continue to have access to the healthcare they need, free at the point of delivery. The regime will not underwrite institutions that have failed to deliver under the terms of their service agreements and/or licence. There are no plans to introduce legislation on this matter.
§ Baroness Noakesasked Her Majesty's Government:
Whether they have received any preliminary applications from National Health Service trusts to become National Health Service foundation trusts. [HL1180]
§ Lord Hunt of Kings HeathFollowing publication ofA Guide to NHS Foundation Trusts on 11 December 2002, applications to become NHS Foundation Trusts have been invited from acute and specialist National Health Service trusts that achieved three-star status in the NHS performance ratings published in July 2002. The application process has now begun and the closing date for preliminary applications is 28 February 2003.
§ Baroness Noakesasked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 41), whether the practical support envisaged for the governance arrangements of National Health Service foundation trusts will include direct financial support; and whether that support will extend to both the initial creation of the new governance arrangements and to their ongoing administration. [HL1203]
§ Lord Hunt of Kings HeathThe policy on financial support for second stage applications for NHS foundation trusts is set out in paragraphs 7.13 and 7.14 ofA Guide to NHS Foundation Trusts.
§ Baroness Noakesasked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 33), whether a National Health Service foundation trust will be free to retain the proceeds of disposal of an asset indefinitely until the regulator is satisfied that the use of those proceeds would be used to further its public interest mandate. [HL1206]
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§ Lord Hunt of Kings HeathThe policy on the disposal of assets is set out in paragraphs 3.18 and 3.19 inA Guide to NHS Foundation Trusts. The consent of the regulator will be required prior to any proposed disposal of regulated assets.
§ Baroness Noakesasked Her Majesty's Government:
What would be the consequences for a National Health Service foundation trust of its borrowing limit being reduced as part of its annual review if the reduced limit was less than (a) its actual borrowing at that time; or (b) its expected borrowings in the light of existing commitments for capital or revenue expenditure. [HL1207]
§ Lord Hunt of Kings HeathArrangements for the Prudential Code for NHS Foundation Trusts are set out in paragraph 5.17 ofA Guide to NHS Foundation Trusts. Under (a) the NHS foundation trust would not be able to enter into any new borrowing arrangements until its total borrowing fell within its new prudential limits. Under (b) investment plans that required future borrowing have to be deferred until it was prudent to do so.
§ Baroness Noakesasked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 41), what statutory requirements will apply to the election of non-executive directors and chairs of the management boards of National Health Service foundation trusts. [HL1253]
§ Lord Hunt of Kings HeathThe position is set out in paragraph 2.39 ofA Guide to NHS Foundation Trusts. Details will he set out in forthcoming legislation.
§ Baroness Noakesasked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 15 January (WA 45), under what legislative authority financial support will be given to applicants for National Health Service foundation status prior to the passing of legislation allowing the creation of National Health Service foundation trusts. [HL1368]
§ Lord Hunt of Kings HeathThe first wave of NHS foundation trust applicants have been invited from acute and specialist National Health Service trusts that achieved three-star status in the NHS performance ratings published in July 2002. Powers set out in the NHS and Community Care Act 1990 (Schedule 3, paragraph 5A) enable the Secretary of State for Health to make a payment to an NHS trust if he considers it appropriate to do so.