Health and Social Care Bill (HC Bill 221)

(2) The Board may direct that, during that period, the commissioning
consortium may only exercise such of its functions as are specified in the
direction.

Preparatory work by consortia during initial period

7 (1) 5This paragraph applies to a commissioning consortium which is prevented
by a direction given by virtue of paragraph 5 or 6 of this Schedule from
exercising a function.

(2) The giving of the direction does not prevent the consortium from doing
anything that appears to it to be necessary or expedient for the purpose of
10preparing it to exercise that function.

Arrangements between PCTs and consortia during initial period

8 A Primary Care Trust may at any time during the initial period make
arrangements with a commissioning consortium under which the
consortium exercises any functions of the Primary Care Trust on its behalf.

Section 52(4)

15SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation)—

(a) 20omit the entry for the Health Protection Agency, and

(b) in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

2 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to
which a scheme under section 1 of that Act can apply), omit the entry for the
25Health Protection Agency.

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

3 In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of other local authorities), in subsection (1A) omit
“the Health Protection Agency,” in each place it occurs.

30Health and Safety at Work etc. Act 1974 (c. 37)Health and Safety at Work etc. Act 1974 (c. 37)

4 The Health and Safety at Work etc. Act 1974 is amended as follows.

5 In section 16 (approval of codes of practice), in subsection (2)(a) omit the
words from “(and, in particular,” to the end.

6 In section 50 (exercise of certain powers to make regulations), in subsection
35(3)(a) omit the words from “, and, in the case of” to “the Health Protection
Agency”.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), omit the entry for the
chairman and any non-executive member of the Health Protection Agency.

5Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (offices disqualifying for membership of the Assembly), omit the
entry for the chairman and any non-executive member of the Health
Protection Agency.

10Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

9 In section 218 of the Employment Rights Act 1996 (change of employer), in
subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
15authorities), omit the entry for the Health Protection Agency.

International Development Act 2002 (c. 1)International Development Act 2002 (c. 1)

11 In Schedule 1 to the International Development Act 2002 (statutory bodies
who may exercise certain powers for the purpose of assisting countries
outside the UK), omit the entry for the Health Protection Agency.

20Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

12 (1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power
of medical inspector to disclose information to health service bodies) is
amended as follows.

(2) In paragraph (a)—

(a) 25before sub-paragraph (i) insert—

“(ai) the Secretary of State,”, and

(b) omit sub-paragraph (vi) and the “or” preceding it.

(3) In paragraph (b)—

(a) after sub-paragraph (i) insert “or”, and

(b) 30omit sub-paragraph (iv) and the “or” preceding it.

(4) In paragraph (c)—

(a) before sub-paragraph (i) insert—

“(ai) the Secretary of State,”,

(b) after sub-paragraph (i) insert “or”, and

(c) 35omit sub-paragraph (iii).

(5) In paragraph (d)—

(a) after sub-paragraph (ii) insert—

“(iia) the Regional Agency for Public Health and
Social Well-being established under section 12

of the Health and Social Care (Reform) Act
(Northern Ireland) 2009, or”, and

(b) omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)2002 (asp 11)

13 5The Scottish Public Services Ombudsman Act 2002 is amended as follows.

14 In section 7 (matters which may be investigated: restrictions), omit
subsection (6A).

15 In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

16 10The National Health Service Act 2006 is amended as follows.

17 In section 9 (NHS contracts), in subsection (4) omit paragraph (j).

18 In section 71 (schemes for meeting losses and liabilities of certain health
bodies)—

(a) in subsection (2) omit paragraph (g), and

(b) 15in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

19 The National Health Service (Wales) Act 2006 is amended as follows.

20 In section 7 (NHS contracts), in subsection (4) omit paragraph (j).

21 In section 30 (schemes for meeting losses and liabilities of certain health
20bodies)—

(a) after paragraph (b) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)National Health Service (Consequential Provisions) Act 2006 (c. 43)

22 In Schedule 1 to the National Health Service (Consequential Provisions) Act
252006 (consequential amendments), omit paragraphs 257 to 259 (and the
cross-heading preceding them).

Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

23 In section 159 (functions of Health Protection Agency in relation to
biological substances), omit subsections (2) to (6).

30Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

24 In article 8 of the Health and Personal Social Services (Northern Ireland)
Order 1991 (health and social services contracts), in paragraph (2)(g) omit
paragraph (vi).

Section 57

SCHEDULE 8 Monitor

Membership

1 (1) Monitor is to consist of—

(a) 5a chair appointed by the Secretary of State,

(b) at least four other members so appointed, and

(c) the chief executive and other members appointed in accordance with
paragraph 2.

(2) The number of executive members must be less than the number of non-
10executive members.

(3) In this Schedule—

(a) references to non-executive members of Monitor are references to the
members appointed in accordance with sub-paragraph (1)(a) and (b),
and

(b) 15references to executive members of Monitor are references to the
other members.

The chief executive and other executive members: appointment and status

2 (1) The chief executive and the other executive members of Monitor are to be
appointed by the non-executive members.

(2) 20A person may not be appointed as chief executive or as another executive
member without the consent of the Secretary of State.

(3) The non-executive members may not appoint more than five executive
members without the consent of the Secretary of State.

(4) The chief executive and the other executive members are to be employees of
25Monitor.

Non-executive members: tenure

3 (1) A person holds and vacates office as a non-executive member of Monitor in
accordance with that person’s terms of appointment.

(2) A person may at any time resign from office as a non-executive member by
30giving notice to the Secretary of State.

(3) The Secretary of State may at any time remove a person from office as a non-
executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(c) 35failure to carry out his or her duties as a non-executive member.

(4) The Secretary of State may suspend a person from office as a non-executive
member if it appears to the Secretary of State that there are or may be
grounds to remove the person from office under sub-paragraph (3).

(5) A person may  not be appointed as a non-executive member for a period of
40more than four years.

(6) A person who ceases to be a non-executive member is eligible for re-
appointment.

Suspension from office

4 (1) This paragraph applies where a person is suspended under paragraph 3(4).

(2) 5The Secretary of State must give notice of the decision to the person; and the
suspension takes effect on receipt by the person of the notice.

(3) The notice may be—

(a) delivered in person (in which case, the person is taken to receive it
when it is delivered), or

(b) 10sent by first class post to the person’s last known address (in which
case, the person is taken to receive it on the third day after the day on
which it is posted).

(4) The initial period of suspension must not exceed six months.

(5) The Secretary of State may at any time review the suspension.

(6) 15The Secretary of State—

(a) must review the suspension if requested in writing by the person to
do so, but

(b) need not review the suspension less than three months after the
beginning of the initial period of suspension.

(7) 20Following a review during a period of suspension, the Secretary of State
may—

(a) revoke the suspension, or

(b) suspend the person for another period of not more than six months
from the expiry of the current period.

(8) 25The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office
under paragraph 3(3), or

(b) decides that there are grounds to do so but does not remove the
person from office under that provision.

5 (1) 30Where a person is suspended from office as the chair under paragraph 3(4),
the Secretary of State may appoint a non-executive member as interim chair
to exercise the chair’s functions.

(2) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) 35the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair’s suspension,
and

(b) the remainder of the interim chair’s term as a non-executive member.

(3) A person who ceases to be the interim chair is eligible for re-appointment.

40Payment of non-executive members

6 (1) Monitor must pay to its non-executive members such remuneration and
allowances as the Secretary of State may determine.

(2) Monitor must pay or make provision for the payment of such pensions,
allowances or gratuities as it may, with the approval of the Secretary of State,
determine to or in respect of any person who is or has been a non-executive
member.

(3) 5If a person ceases to be a non-executive member and the Secretary of State
decides that there are exceptional circumstances which mean that the person
should be compensated, Monitor must pay compensation to the person of
such amount as the Secretary of State may determine.

Staff

7 (1) 10Monitor may appoint such persons to be employees of Monitor as it
considers appropriate.

(2) Employees of Monitor are to be paid such remuneration and allowances as
Monitor may determine.

(3) Employees of Monitor are to be appointed on such other terms and
15conditions as Monitor may determine.

(4) Monitor may pay or make provision for the payment of such pensions,
allowances or gratuities as it may determine to or in respect of any person
who is or has been an employee of Monitor.

(5) Before making a determination as to remuneration, pensions, allowances or
20gratuities for the purposes of sub-paragraph (2) or (4), Monitor must obtain
the approval of the Secretary of State to its policy on that matter.

Superannuation

8 (1) Sub-paragraph (2) applies where a person who is an active or deferred
member of a scheme under section 1 of the Superannuation Act 1972 is
25appointed as chair.

(2) The Minister for the Civil Service may determine that the person’s office as
chair is to be treated for the purposes of the scheme as service in the
employment by reference to which the person is a member (whether or not
any benefits are payable by virtue of paragraph 6(2)).

(3) 30Employment with Monitor is among the kinds of employment to which a
scheme under section 1 of the Superannuation Act 1972 can apply; and,
accordingly, in Schedule 1 to that Act (in which those kinds of employment
are listed), at the end of the list of Other Bodies insert—

• “Monitor”.

(4) 35Monitor must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
any increase attributable to sub-paragraph (2) or (3) in the sums payable out
of money provided by Parliament under the Superannuation Act 1972.

Committees

9 (1) 40Monitor may appoint such committees and sub-committees as it considers
appropriate.

(2) A committee or sub-committee may consist of or include persons who are
not members or employees of Monitor.

(3) Monitor may pay such remuneration and allowances as it determines to any
person who—

(a) is a member of a committee or sub-committee, but

(b) is not an employee of Monitor,

5whether or not that person is a non-executive member of Monitor.

Procedure

10 (1) Monitor may regulate its own procedure.

(2) The validity of any act of Monitor is not affected by any vacancy among the
members or by any defect in the appointment of a member.

10Exercise of functions

11 (1) Monitor must exercise its functions effectively, efficiently and economically.

(2) Monitor may arrange for the exercise of its functions on its behalf by—

(a) a non-executive member;

(b) an employee (including the chief executive);

(c) 15a committee or sub-committee.

Assistance

12 (1) Monitor may arrange for persons to assist it in the exercise of its functions in
relation to—

(a) a particular case, or

(b) 20cases of a particular description.

(2) Such arrangements may include provision with respect to the payment of
remuneration and allowances to, or amounts in respect of, such persons.

Borrowing

13 (1) Monitor may, with the consent of the Secretary of State, borrow money
25temporarily by way of overdraft.

(2) But subject to that, and subject to sections 148 and 149 (power to borrow for
exercising functions in relation to financial assistance and power of
Secretary of State to lend etc.), Monitor may not borrow money.

Acquiring information

14 (1) 30Monitor may obtain, compile and keep under review information about
matters relating to the exercise of its functions.

(2) Where Monitor exercises the power under sub-paragraph (1), it must do so
with a view to (among other things) ensuring that it has sufficient
information to take informed decisions and to exercise its other functions
35effectively.

(3) In exercising the power under sub-paragraph (1), Monitor may carry out,
commission or support (financially or otherwise) research.

General power

15 Monitor may do anything which appears to it to be necessary or expedient
for the purposes of, or in connection with, the exercise of its functions.

Finance

16 (1) 5The Secretary of State may make payments to Monitor out of money
provided by Parliament of such amounts as the Secretary of State considers
appropriate.

(2) Payments made under sub-paragraph (1) may be made at such times and on
such conditions (if any) as the Secretary of State considers appropriate.

10Accounts of NHS foundation trusts

17 (1) Monitor must prepare in respect of each financial year a set of accounts
which consolidates the annual accounts of all NHS foundation trusts.

(2) The Secretary of State may, with the approval of the Treasury, direct
Monitor to prepare a set of accounts in respect of such period as may be
15specified in the direction which consolidates any accounts prepared by NHS
foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the
National Health Service Act 2006 in respect of that period.

(3) In preparing any consolidated accounts under this paragraph, Monitor must
comply with directions given by the Secretary of State with the approval of
20the Treasury as to—

(a) the content and form of the consolidated accounts;

(b) the methods and principles according to which the consolidated
accounts should be prepared.

(4) Monitor must send a copy of any consolidated accounts under this
25paragraph to the Secretary of State and, if the Secretary of State so directs,
the Comptroller and Auditor General—

(a) accompanied by such other reports or information as the Secretary of
State may direct, and

(b) within the relevant period.

(5) 30In sub-paragraph (4)(b), the relevant period is—

(a) in relation to consolidated accounts under sub-paragraph (1), such
period after the end of the financial year concerned as the Secretary
of State may direct;

(b) in relation to consolidated accounts under sub-paragraph (2), such
35period as the Secretary of State may direct.

(6) Before giving a direction under sub-paragraph (5), the Secretary of State
must consult Monitor.

(7) The Comptroller and Auditor General must—

(a) examine, certify and report on any consolidated accounts sent under
40this paragraph,

(b) if the Secretary of State so directs, send a copy of the report on the
accounts to the Secretary of State, and

(c) if the Secretary of State so directs, lay copies of the accounts and the
report on them before Parliament.

(8) Monitor must act with a view to securing that NHS foundation trusts—

(a) comply promptly with requests from it or the Secretary of State for
information relating to their accounts, and

(b) otherwise act so as to facilitate the preparation of accounts by the
5Secretary of State.

(9) This paragraph does not apply to the financial year specified for the
purposes of section 158(7) (which provides for the order that commences
section 158, which itself relates to the preparation of the accounts of NHS
foundation trusts, to specify the first financial year to which that section will
10apply) or to the subsequent financial years.

Accounts of Monitor

18 (1) Monitor must keep proper accounts and proper records in relation to the
accounts.

(2) The Secretary of State may, with the approval of the Treasury, give
15directions to Monitor as to—

(a) the content and form of its accounts, and

(b) the methods and principles to be applied in the preparation of its
accounts.

(3) In sub-paragraph (2), the reference to accounts includes Monitor’s annual
20accounts prepared under paragraph 19 and any interim accounts prepared
by virtue of paragraph 20.

19 (1) Monitor must prepare annual accounts in respect of each financial year.

(2) Monitor must send copies of the annual accounts to the Secretary of State
and the Comptroller and Auditor General within such period after the end
25of the financial year to which the accounts relate as the Secretary of State
may direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) lay copies of them and the report before Parliament.

20 (1) 30The Secretary of State may, with the approval of the Treasury, direct
Monitor to prepare accounts in respect of such period or periods as may be
specified in the direction (“interim accounts”).

(2) Monitor must send copies of any interim accounts to the Secretary of State
and, if the Secretary of State so directs, the Comptroller and Auditor General
35within such period as the Secretary of State may direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on any interim accounts sent by virtue of
sub-paragraph (2),

(b) if the Secretary of State so directs, send a copy of the report on the
40accounts to the Secretary of State, and

(c) if the Secretary of State so directs, lay copies of the accounts and the
report on them before Parliament.

Reports and other information

21 (1) As soon as practicable after the end of each financial year, Monitor must
prepare an annual report on how it has exercised its functions during the
year.

(2) 5The report must, in particular, set out the measures that Monitor has taken
to promote economy, efficiency and effectiveness in the use of resources for
the exercise of its functions.

(3) Monitor must—

(a) lay a copy of the report before Parliament, and

(b) 10once it has done so, send a copy of it to the Secretary of State.

(4) Monitor must provide the Secretary of State with—

(a) such other reports and information relating to the exercise of
Monitor’s functions as the Secretary of State may require;

(b) such information about NHS foundation trusts that Monitor has in
15its possession as the Secretary of State may require.

Recommendations by Committees in Parliament

22 Monitor must respond in writing to any recommendation about its exercise
of its functions that a Committee of either House of Parliament or a
Committee of both Houses makes.

20Seal and evidence

23 (1) The application of Monitor’s seal must be authenticated by the signature of
the chair or any other person who has been authorised (generally or
specifically) for that purpose.

(2) A document purporting to be duly executed under Monitor’s seal or to be
25signed on its behalf must be received in evidence and, unless the contrary is
proved, taken to be so executed or signed.

Status

24 (1) Monitor must not be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.

(2) 30Monitor’s property must not be regarded as property of, or property held on
behalf of, the Crown.

Section 72

SCHEDULE 9 Requirements under section 70: undertakings

Procedure

1 (1) 35Monitor must publish a procedure for entering into section 72 undertakings.

(2) Monitor may revise the procedure and, if it does so, Monitor must publish
the procedure as revised.