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Public Benefit Corporations

Volume 402: debated on Friday 4 April 2003

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To ask the Secretary of State for Health (1) whether the members of a public benefit corporation will have any role other than to (a) appoint and (b) elect the board of governors; [105120](2) whether the members of a public benefit corporation will have a role other than to appoint or elect the board of governors. [105591]

Subject to parliamentary approval, national health service foundation trusts will be set up as public benefit corporations. The minimum requirements for the constitution of public benefit corporations, including the role and function of the membership, are set out in Schedule 1 of the Health and Social Care (Community Health and Standards) Bill. Subject to approval by the Independent Regulator, individual NHS foundation trusts may add to these minimum requirements under their constitution.

To ask the Secretary of State for Health what proposals he has for the legal status of bodies corporate formed using investment by NHS Foundation Trusts. [105119]

Subject to parliamentary approval, subsections (4) and (5) of clause 17 of the Health and Social Care (Community Health and Standards) Bill will give national health service foundation trusts financial and investment powers, including powers to invest money, form subsidiaries and enter into joint ventures, subject to any terms set in their authorisation by the Independent Regulator. Unlike for NHS trusts, for NHS foundation trusts the power to enter into joint ventures or subsidiaries will not be subject to the approval of the Secretary of State.