AUTHORISATION
of
GUY’S AND ST THOMAS’S NHS FOUNDATION TRUST
(pursuant to Section 6 of the Health and Social Care (Community Health and
Standards) Act 2003
Signature: ...................................................
22 December 2004
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Authorisation of Guy’s and St Thomas’s NHS Foundation Trust: Conditions and Obligations, Summaries of Community Health
The authorisation of Guy’s and St Thomas’s NHS Foundation Trust to become an NHS Foundation Trust, including the conditions and obligations the Trust must comply with regarding the provision of mandatory goods and services, education and training, and cooperation with other bodies. The Trust is also authorized to provide additional goods and services related to healthcare, conduct research, and disclose required information to Monitor.
What you will learn
- What information must the Trust disclose to Monitor and third parties?
- What are the consequences for the Trust if they fail to meet their obligations under this authorisation?
- What are the conditions for the Trust to provide additional goods and services?
- What are the mandatory goods and services that Guy’s and St Thomas’s NHS Foundation Trust is required to provide?
- What education and training is the Trust required to provide to third parties?
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AUTHORISATION
of
GUY’S AND ST THOMAS’S NHS FOUNDATION TRUST
(pursuant to Section 6 of the Health and Social Care (Community Health and
Standards) Act 2003
Signature: ...................................................
22 December 2004
TABLE OF CONTENTS
SCHEDULE 1: Constitution SCHEDULE 2: Mandatory goods and services SCHEDULE 3: Mandatory education and training SCHEDULE 4: The private charges cap SCHEDULE 5: Limit on borrowing
- PART 1 Authorisation Page
- PART 2 Interpretation and construction
- PART 3 Conditions
- Condition 1: Principal purpose
- Condition 2: General duty
- Condition 3: Constitution
- Condition 4: Compliance and enforcement
- Condition 5: Governance
- Condition 6: Health care standards
- Condition 7: Mandatory services
- Condition 8: Authorised Services
- Condition 9: Protection of property
- Condition 10: Private health care
- Condition 11: Limit on borrowing
- Condition 12: Financial viability............................................................................
- Condition 13: Dividend payments on Public Dividend Capital
- Condition 14: Information
- Condition 15: Entry on inspection of premises
- Condition 16: Fees
- Condition 17: Representative membership
- Condition 18: Co-operation with other bodies
- Condition 19: Emergency planning
- Condition 20: Information technology
- Condition 21: Audit committee
- Condition 22: Audit
- Condition 23: Public interest reporting
- Condition 24: Notification
- Condition 25: Information given to Parliament and to Members of Parliament
PART 2 Interpretation and construction
- Words and expressions used in the Authorisation shall be construed as if they were in an Act of Parliament and the Interpretation Act 1978 applied to them.
- Any reference to an enactment shall include any re-enactment thereof or amendment thereto.
- Words and expressions defined in the Act shall have the same meaning when used in this Authorisation.
- Unless otherwise specified, any reference to a numbered Condition (with or without a suffix letter) or Schedule is a reference to the Condition or Schedule bearing that number in this Authorisation.
- In construing the provisions of this Authorisation, the heading or title of any Part, Condition or Schedule shall be disregarded.
- Where any obligation of the Trust is required to be performed by a specified date or within a specified period, and where the Trust has failed so to perform, such obligation shall continue to be binding and enforceable after the specified date or after the expiry of the specified period.
- In this Authorisation:
“ancillary services” means services which support the provision of the mandatory goods and services listed in Schedule 2.
“property” is land and buildings owned or leased by the Trust..
“ the Board of Directors ” means the Board of Directors of the Trust.
PART 3 Conditions
- Principal Purpose
The principal purpose of the Trust is the provision of goods and services for the purposes of the health service in England. This does not preclude the provision of cross-border services to other parts of the United Kingdom.
- General duty
The Trust shall exercise its functions effectively, efficiently and economically.
- Constitution
(1) The Trust shall secure that its constitution is in accordance with any regulations made under Section 35 of the Act (Conduct of elections).
(2) The Trust may make amendments to its constitution with the approval of Monitor.
(3) The constitution, incorporating any amendments which may be made thereto, is annexed at Schedule 1.
- Compliance and enforcement
(1) The Trust shall comply with:
any requirements imposed on it under the Act or any other enactment;
the Conditions of this Authorisation;
the terms of its constitution; and
the terms of its contracts with bodies which commission the Trust to provide goods and services (including education and training, accommodation and other facilities) for the purposes of the health service in England.
(2) The Trust shall comply with any guidance issued by Monitor, unless the Monitor has agreed with the Trust that, in the particular circumstances, the Trust is not required to comply.
(3) A failure to comply may result in Monitor taking enforcement action under Sections 23, 24 or 25 of the Act.
- Governance
(1) The Trust shall ensure the existence of appropriate arrangements to provide representative and comprehensive governance in accordance with the Act and to maintain the organisational capacity necessary to deliver the mandatory goods and services referred to in Condition 7(1) and listed in Schedule 2 and the mandatory education and training referred to in Condition 7(2) and listed in Schedule 3.
mandatory goods and services referred to in Condition 7(1) and listed in Schedule 2.
- Authorised Services
(1) The Trust is authorised to provide goods and services (including education and training, accommodation and other facilities) for purposes related to the provision of health care, subject to written confirmation to Monitor by the Board of Directors that the Board of Directors is satisfied that the Trust has the capacity and the capability to provide said goods and services and that the provision of said goods and services will not inhibit the provision by the Trust of the mandatory goods and services referred to in Condition 7(1) and listed in Schedule 2.
(2) Monitor reserves the right to refuse to authorise specific goods and services in circumstances where Monitor is not satisfied that the Board of Directors has a proper basis for the written confirmation referred to in Condition 8(1).
(3) The Trust shall establish and maintain an up to date register of the goods and services referred to in Condition 8(1). With respect to education and training, only education and training provided to third parties shall be included in the register. Accommodation and other facilities do not require to be included in the register of goods and services.
(4) The Trust shall make the register of goods and services available for public inspection on payment of such reasonable fee, if any, as the Trust may determine.
(5) The Trust is authorised to carry out research in connection with the provision of health care, subject to written confirmation to Monitor by the Board of Directors that the Board of Directors is satisfied that the Trust has the capacity and the capability to provide said research, that all relevant authorisations with respect to the carrying out of said research have been secured, that the said research will be carried out in accordance with the generally accepted ethical standards and that the said research will not inhibit the provision by the Trust of the mandatory goods and services referred to in Condition 7(1) and listed in Schedule 2.
(6) Monitor reserves the right to refuse to authorise research in circumstances where Monitor is not satisfied that the Board of Directors has a proper basis for the written confirmation referred to in Condition 8(5).
(7) The Trust is authorised to make facilities and staff available for the purposes of education, training or research carried on by others.
(8) Any activities undertaken by the Trust, other than the provision of goods and services for purposes related to the provision of health care, shall be subject to any restrictions which may be imposed by Monitor in terms of Section 14(3) of the Act.
- Protection of property
(1) Property needed for the purposes of providing any of the mandatory goods and services referred to in Condition 7(1) and listed in Schedule 2 (including the ancillary services, accommodation and other facilities related thereto) and the mandatory training and education referred to in Condition 7(2) and listed in Schedule 3 is protected.
(2) The Trust may not dispose any protected property without the approval of Monitor.
(3) The Trust shall establish and maintain an asset register in respect of protected property, in accordance with guidance to be issued by Monitor.
(4) The Trust shall make the asset register available for public inspection on payment of such reasonable fee, if any, as the Trust may determine.
- Private health care
The proportion of total income of the Trust in any financial year derived from private charges shall not be greater than the percentage set out in Schedule 4 (‘the private charges cap’).
- Limit on borrowing
(1) The total amount of the Trust’s borrowing is subject to the limit set out in Schedule 5.
(2) The limit is subject to annual review by Monitor.
- Financial viability
The Trust shall at all times remain a going concern as defined by relevant accounting standards in force from time to time.
- Dividend payments on Public Dividend Capital
The Trust shall be required to pay annually to the Department of Health a dividend on its Public Dividend Capital at a rate to be determined from time to time by the Secretary of State.
- Information
The Trust shall disclose to Monitor and directly to any third parties as may be specified by the Secretary of State the information, if any, specified in Schedule 6 as may be varied from time to time and such other information as Monitor may from time to time require.
- Entry and inspection of premises
The Trust shall allow Monitor, any member, officer or member of staff of Monitor, and any agent acting on behalf of Monitor, to enter and inspect premises owned or controlled by the Trust.
- Public interest reporting
The Trust shall forward a report to Monitor within thirty days (or such shorter period as Monitor may specify) of the auditor issuing a public interest report in terms of Schedule 5 paragraph 3 of the Act. The report shall include details of the Trust’s response to the issues raised within the public interest report.
- Notification
The Trust shall deal with Monitor in an open and co-operative manner and shall promptly notify Monitor of anything relating to the Trust of which Monitor would reasonably expect prompt notice, including, without prejudice to the foregoing generality, any anticipated failure or anticipated prospect of failure on the part of the Trust to meet its obligations under this authorisation or any financial or performance thresholds which Monitor may specify from time to time.
- Information given to Parliament and to Members of Parliament
In addition to any statutory requirements, the Chairman, Chief Executive or any other person giving information to Parliament or to a Member of Parliament on behalf of a Trust shall ensure that they comply with the standards expected of Ministers of the Crown with regard to openness of dealings, the giving of accurate and truthful information and the correction of any inadvertent error at the earliest opportunity. Any question submitted to the Trust by a Member of Parliament shall be responded to by the Trust within the same timescale as that expected of Ministers with respect to Parliamentary questions.
Schedules 1 - 6
Schedules 1 - 6 of the full Terms of Authorisation have been extracted and listed separately under the entry on the Public Register for Guy’s and St Thomas’s NHS Foundation Trust, at www.monitor- nhsft.gov.uk. This makes the files easier to view and download.