Health Bill [HL]

This is the lawyers at their best. Amendment 79 is a technical amendment to replace the words, "a National Health Service" with the words "an NHS" when referring to de-authorised foundation trusts. The drafting of the Bill and the use of the full title is intentional, as new Section 65E of the National Health Service Act 2006, to be introduced under Clause 13, creates an entirely new type of National Health Service trust; that is, a trust that used to be an NHS foundation trust and was not established in the usual way by order of the Secretary of State. In these circumstances, the full National Health Service trust title is used in new Section 65E(4) for two reasons. First, the term "NHS trust" is just a shorthand way of referring to National Health Service trusts, so I am advised that it is appropriate that the first time we refer to this new species of National Health Service trust, we use the full designation and not the shorthand title. Secondly, Section 25 of the National Health Service Act 2006, which provides for the Secretary of State to establish National Health Service trusts by order, uses the full designation. New Section 65E(4) will do a similar job for the new type of National Health Service trust to the job done by Section 25 of the Act for ordinary trusts. They both provide for the creation of a type of National Health Service trust and the full designation is appropriate. I should also point out that Clause 16(9) amends the interpretation provision of the 2006 Act. This is so that the shorthand references to "NHS trust" elsewhere in the Act include both trusts established under Section 25 of the Act and those created by new Section 65E. This ensures that the provisions of the Act governing NHS trusts apply to the de-authorised foundation trusts. I hope that that careful, complex explanation will allow the noble Earl, Lord Howe, to withdraw his amendment.