division_name: Initial directors of former NHS trusts
motion: <p pid="a.2031.1/1" pwmotiontext="lines">17A (1) This paragraph applies, where the application for authorisation is made under section 4, to the exercise of the powers mentioned in paragraph 16 to appoint the initial non-executive directors and the initial chief executive.</p>
  
  <p pid="a.2031.1/2" pwmotiontext="lines">(2) The power to appoint the initial chairman of the corporation is to be exercised by appointing the chairman of the NHS trust, if he wishes to be appointed.</p>
  
  <p pid="a.2031.1/3" pwmotiontext="lines">(3) The power to appoint the other initial non-executive directors of the corporation is to be exercised, so far as possible, by appointing any of the non-executive directors of the NHS trust (other than the chairman) who wish to be appointed.</p>
  
  <p pid="a.2031.1/4" pwmotiontext="lines">(4) A person appointed in accordance with sub-paragraph (2) or (3) is to be appointed for the unexpired period of his term of office as chairman or (as the case may be) non-executive director of the NHS trust; but if, on any such appointment, that period is less than 12 months, he is to be appointed for 12 months.</p>
  
  <p pid="a.2031.1/5" pwmotiontext="lines">(5) The power to appoint the initial chief executive of the corporation is to be exercised by appointing the chief officer of the NHS trust, if he wishes to be appointed.</p>
  
  <p pid="a.2031.1/6" pwmotiontext="lines">(6) Sub-paragraphs (a) and (b) of paragraph 15(3) do not apply to the appointment of any initial non-executive director in pursuance of this paragraph; and paragraph 16(4) does not apply to the appointment of the initial chief executive of the corporation in pursuance of sub-paragraph (5)"</p>
  
  <p pid="a.2031.1/7" pwmotiontext="lines">161N Page 111, line 12, at end insert "and, where there are classes within it, the class to which he belongs"</p>
  
  <p pid="a.2031.1/8" pwmotiontext="lines">161O Page 111, line 13, at end insert&#8212;</p>
  
  <p pid="a.2031.1/9" pwmotiontext="quot">"( ) a register of interests of the members of the board of governors"</p>
  
  <p pid="a.2031.1/10" pwmotiontext="lines">161P Page 111, line 18, at end insert "members of the board of governors and of"</p>
  
  <p pid="a.2031.1/11" pwmotiontext="lines">161Q Page 111, line 20, leave out from beginning to "available" and insert "A public benefit corporation is to make the following documents"</p>
  
  <p pid="a.2031.1/12" pwmotiontext="lines">161R Page 111, leave out line 25</p>
  
  <p pid="a.2031.1/13" pwmotiontext="lines">161S Page 111, line 32, at end insert&#8212;</p>
  
  <p pid="a.2031.1/14" pwmotiontext="quot">"( ) The corporation is also to make the registers mentioned in paragraph 18 available for inspection by members of the public, except in circumstances prescribed by regulations; and, so far as the registers are required to be available&#8212;</p>
  
  <p pid="a.2031.1/15" pwmotiontext="lines">(a) they are to be available free of charge at all reasonable times,</p>
  
  <p pid="a.2031.1/16" pwmotiontext="lines">(b) a person who requests it is to be provided with a copy of or extract from them"</p>
  
  <p pid="a.2031.1/17" pwmotiontext="lines">161T Page 111, line 33, leave out "the copy or extract" and insert "a copy or extract under this paragraph"</p>
  
  <p pid="a.2031.1/18" pwmotiontext="lines">161U Page 111, line 38, at end insert&#8212;</p>
  
  <p pid="a.2031.1/19" pwmotiontext="quot">"( ) An officer of the Audit Commission may be the auditor if he is appointed by the board with the agreement of the Commission"</p>
  
  <p pid="a.2031.1/20" pwmotiontext="lines">161V Page 112, leave out lines 4 and 5 and insert&#8212;</p>
  
  <p pid="a.2031.1/21" pwmotiontext="quot">"( ) Where an officer of the Audit Commission is appointed as auditor, the Commission is to charge the public benefit corporation such fees for his services as will cover the full cost of providing them.</p>
  
  <p pid="a.2031.1/22" pwmotiontext="lines">( ) The corporation is to establish a committee of non-executive directors as an audit committee to perform such monitoring, reviewing and other functions as are appropriate.</p>
  
  <p pid="a.2031.1/23" pwmotiontext="lines">( ) In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales"</p>
  
  <p pid="a.2031.1/24" pwmotiontext="lines">161W Page 112, line 13, at end insert&#8212;</p>
  
  <p pid="a.2031.1/25" pwmotiontext="quot">"( ) If trustees are appointed under section 22, the Comptroller and Auditor General may also examine&#8212;</p>
  
  <p pid="a.2031.1/26" pwmotiontext="lines">(a) the accounts kept by the trustees,</p>
  
  <p pid="a.2031.1/27" pwmotiontext="lines">(b) any records relating to them, and</p>
  
  <p pid="a.2031.1/28" pwmotiontext="lines">(c) any report of an auditor on them"</p>
  
  <p pid="a.2031.1/29" pwmotiontext="lines">161X Page 112, leave out line 31 and insert&#8212;</p>
  
  <p pid="a.2031.1/30" pwmotiontext="quot">"( ) The constitution is to provide for the functions of the corporation under this paragraph to be delegated to the accounting officer"</p>
  
  <p pid="a.2031.1/31" pwmotiontext="lines">161Y Page 112, line 38, leave out "and the registrar of companies"</p>
  
  <p pid="a.2031.1/32" pwmotiontext="lines">161Z Page 112, line 41, leave out "its public constituency" and insert "any public constituency and (if there is one) of the patients' constituency"</p>
  
  <p pid="a.2031.1/33" pwmotiontext="unrecognized">161AA Page 113, line 2, leave out "him" and insert "it"</p>
  
  <p pid="a.2031.1/34" pwmotiontext="unrecognized">161BB Page 113, leave out lines 6 and 7 and insert&#8212;</p>
  
  <p pid="a.2031.1/35" pwmotiontext="quot">"( ) The document containing the information is to be prepared by the directors.</p>
  
  <p pid="a.2031.1/36" pwmotiontext="lines">( ) In preparing the document the directors must have regard to the views of the board of governors"</p>
  
  <p pid="a.2032.1/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 161CC) shall be agreed to?</p>
  
  <p pid="a.2032.1/2" pwmotiontext="divided">Their Lordships divided: Contents, 169; Not-Contents, 100.</p>