Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008. The noble Baroness said: This order amends the Civil Contingencies Act 2004 to ensure that NHS trusts that provide ambulance services remain as category 1 responders if they attain NHS foundation trust status. As noble Lords will be aware, the Civil Contingencies Act imposes a series of duties on local bodies, such as the police, fire brigades and local authorities, which are known as category 1 responders. Schedule 1 to the Act classifies NHS trusts as category 1 responders if they provide ambulance services, hospital accommodation and services in relation to accidents and emergencies, or public health services in Wales. NHS foundation trusts, first established in England in 2004, have a status that is different from that of NHS trusts. Established as independent public benefit corporations, they are free from central government control and accountable to their local population. The Act classifies NHS foundation trusts as category 1 responders only if they provide, "““hospital accommodation and services in relation to accidents and emergencies””." It does not take account of the potential for foundation trusts to provide ambulance services. In June 2007, my predecessor announced that NHS trusts that provide ambulance services would be able to apply for foundation trust status from April 2009. In other words, none is in existence at the moment. Therefore, an amendment to Schedule 1 is required. This order serves to maintain the status quo should an ambulance trust become a foundation trust, ensuring that it will continue to be subject to the duties and responsibilities of category 1 responders. As I am sure the Committee can appreciate, failing to amend the Act could, in the event of ambulance trusts attaining foundation trust status, result in these trusts no longer being legally responsible for the duties set out in the Civil Contingencies Act, and this, in turn, could have serious implications for patient safety and, indeed, the nation’s ability to respond to a national emergency. As such, I commend the order to the Committee. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008. 30th Report from the Joint Committee on Statutory Instruments.—(Baroness Thornton.)