National Health Service Bill (HC Bill 37)

National Health Service BillPage 20

(a) a chief officer; a medical officer; a finance officer; a nurse officer; an
officer who has responsibility for primary care services, community
health services and mental health services; an officer who has
responsibility for workforce and organisational development; an
5officer who has responsibility for the strategic and operational
planning of the provision of health services; and an officer who has
responsibility for therapies and health science; and

(b) the director of public health for the local authority; the director of
adult social services for the local authority and the director of
10children‘s services for the local authority.

8 The non-officer members shall consist of—

(a) a person with clinical expertise; a local councillor; a voluntary
organisation member; a trade union member; and a person who
holds a post in a university that is related to health; and

(b) 15and such other persons, or representatives of such other persons,
appointed by the Health Board up to a limit imposed by regulations.

9 Any person may make nominations to the local authority and the Regional
Committee of NHS England for persons to be appointed officer members or
non-officer members.

Sections 8(12) and 9(5)(a)(vii)

20SCHEDULE 3 NHS England and Health Boards: additional functions

1 In relation to their functions under sections 8 and 9, NHS England and a
Health Board, as the case may be, shall exercise on behalf of the Secretary of
State the duty in section 1(1) by exercising the functions of the Secretary of
25State under provisions prescribed in regulations which relate to—

(a) arrangements for the conduct of, or assistance by grants or otherwise
to any person for the conduct of, research;

(b) payment of travelling expenses;

(c) arrangements with a voluntary organisation, and exceptional and
30short-term arrangements with any other person or body not being a
health service body, for that organisation, person or body to provide
or assist in providing any service under the Act, but subject to the
provisions of this Act, in particular section 1(4);

(d) making available to certain persons and bodies (including voluntary
35organisations) facilities and services of persons employed in
connection with such facilities;

(e) agreement of terms and the making of payments in respect of
facilities or services provided;

(f) making available (on such terms as to charges as thought fit)
40supplies of human blood;

(g) supply of goods, services and other facilities to NHS England, other
Health Boards and other public bodies and carrying out maintenance
work in connection with any land or building the maintenance of
which is a local authority responsibility;

(h) 45making available to persons providing general medical services,
general dental services, general ophthalmic services or

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pharmaceutical services such goods, materials and other facilities as
may be prescribed;

(i) making available any services or other facilities and the services of
employed persons to enable NHS England, Health Boards and other
5public bodies to discharge their functions relating to social services,
education and public health;

(j) making available in premises provided under the Act, such facilities
as are regarded as required for clinical teaching and for research
connected with clinical medicine or clinical dentistry; and

(k) 10other prescribed matters necessary for exercising the functions of
NHS England or the Health Board.

Section 17

SCHEDULE 4 Community Health Councils

1 Provision may be made by regulations as to—

(a) 15the membership of Councils (including the election by members of a
Council of a chairman of the Council);

(b) the proceedings of Councils;

(c) the staff, premises and expenses of Councils;

(d) the consultation of Councils by Health Boards with respect to such
20matters and on such occasions as may be prescribed;

(e) the furnishing of information to Councils by Health Boards and the
rights of members of Councils to enter and inspect premises
controlled by Health Boards;

(f) the consideration by Councils of matters relating to the operation of
25the health service within their areas and the giving of advice by
Councils to Health Boards on such matters;

(g) the preparation and publication of reports by Councils on such
matters and the furnishing and publication by Health Boards of
comments on the reports; and

(h) 30the functions to be exercised by Councils in addition to the functions
exercisable by them by virtue of paragraph (a) of the preceding
subsection and the preceding provisions of this subsection;

and the Secretary of State may pay to members of Councils such travelling
and other allowances (including compensation for loss of remunerative
35time) as the Secretary of State may determine with the consent of the
Minister for the Civil Service.

2 It shall be the duty of the Secretary of State to exercise the power to make
regulations in pursuance of paragraph 1(a) so as to secure as respects each
Council that—

(a) 40at least one member of the Council is appointed by each local
authority of which the area or part of it is included in the Council‘s
area and at least half of the members of the Council consist of persons
appointed by the Health Board;

(b) at least one third of the members of the Council are appointed in a
45prescribed manner by bodies (other than public bodies) of which the
activities are carried on otherwise than for profit;

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(c) the other members of the Council are appointed by such bodies, in
such manner and after such consultations as may be prescribed; and

(d) no member of the Council is also a member of a Health Board or
Special Health Authority; but nothing in this sub-paragraph shall
5affect the validity of anything done by or in relation to a Council
during any period during which, by reason of a vacancy in the
membership of the Council or a defect in the appointment of a
member of it, a requirement included in regulations in pursuance of
this subsection is not satisfied.

3 10The Secretary of State may by regulations—

(a) provide for the establishment of a body—

(i) to advise Councils with respect to the performance of their
functions and to assist Councils in the performance of their
functions, and

(ii) 15to perform such other functions as may be prescribed; and

(b) make provision as to the membership, proceedings, staff, premises
and expenses of the said body;

and the Secretary of State may pay to members of the said body such
travelling and other allowances (including compensation for loss of
20remunerative time) as the Secretary of State may determine with the consent
of the Minister for the Civil Service.

4 In this Schedule-

  • “local authority” means in England a county council; a district council,
    other than a council for a district in a county for which there is a
    25county council; a London borough council; the Council of the isles of
    Scilly; or the Common Council of the City of London; and

  • “area” in relation to a Council, means the locality for which it is
    established, whether that locality consists of the area or part of the
    area of a Health Board or such an area or part together with the areas
    30or parts of the areas of other Health Boards; and the area of a Council
    must be such that no part of it is separated from the rest of it by
    territory not included in the area.