Previous Next

Contents page 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-329 330-339 340-349 350-359 360-369 370-379 Last page

Health and Social Care BillPage 270

(vi) section 252(5) or (6) (direction to Information Centre to comply,
or not to comply, with request to establish information
systems);

(vii) section 256(2)(d) (direction to Information Centre that
5information of specified description is not subject to duty to
publish);

(viii) section 266(1) (direction to Information Centre to perform
functions);

(ix) paragraph 7 of Schedule 6 (direction to Board to exercise
10functions of Secretary of State relating to Primary Care Trusts),
and

(b) must, in the case of any other direction, be given by an instrument in
writing.

(14) A direction under or by virtue of this Act by any other person (or persons) must
15be given by an instrument in writing.

299 Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by virtue of this Act by the Secretary of State,
and

(b) 20any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

300 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) 25section 216 (Health and Care Professions Council: power to make
arrangements with other health or social care regulators);

(b) section 218(3) (power of Secretary of State to make arrangements with
Health and Care Professions Council to discharge General Social Care
Council’s functions during period preceding abolition);

(c) 30the provisions of this Part;

(d) any other provision of this Act so far as is necessary for enabling the
exercise on or after the day on which this Act is passed of any power to
make an order or regulations or to give directions that is conferred by
the provision or an amendment made by it.

(2) 35Sections 32 to 34 come into force on such day as the appropriate authority may
by order appoint.

(3) In subsection (2) “the appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

(4) 40The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.

(5) Different days may be appointed under subsection (2) or (4) for different
purposes (including different areas).

Health and Social Care BillPage 271

(6) Transitory provision in an order under subsection (2) or (4) may, in particular,
modify the application of a provision of this Act pending the commencement
of—

(a) another provision of this Act, or

(b) 5any other enactment (within the meaning of section 297).

(7) Where a provision of this Act (or an amendment made by it) requires
consultation to take place, consultation undertaken before the commencement
of the provision is as effective for the purposes of that provision as consultation
undertaken after that commencement.

301 10Commencement: consultation with Scottish Ministers

(1) The Secretary of State must consult the Scottish Ministers before making an
order under section 300(4) relating to—

(a) section 55 (radiation protection functions), so far as relating to the
Scottish Ministers,

(b) 15section 57 (co-operation in relation to public health functions), so far as
relating to the exercise of functions in relation to Scotland by a person
to which the provision inserted by subsection (1) of that section applies,

(c) section 220(4) (requirement for persons advised etc. by the Professional
Standards Authority for Health and Social Care to pay fee), so far as
20relating to the Scottish Ministers,

(d) section 221(1) (funding of the Professional Standards Authority for
Health and Social Care), so far as relating to a body that regulates a
profession in Scotland which does not fall within Section G2 of Part 2 of
Schedule 5 to the Scotland Act 1998 (health professions),

(e) 25section 221(4) and (5) (power of the Professional Standards Authority
for Health and Social Care to borrow), so far as relating to functions of
the Professional Standards Authority for Health and Social Care which
are exercisable in relation to—

(i) unregulated health professionals in Scotland, unregulated
30health care workers in Scotland or relevant students in
Scotland,

(ii) a body that maintains a register of persons within sub-
paragraph (i),

(iii) a profession in Scotland which does not fall within Section G2
35of Part 2 of Schedule 5 to the Scotland Act 1998, or

(iv) a body that regulates a profession within sub-paragraph (iii),

(f) section 222(1) (power of the Professional Standards Authority for
Health and Social Care to advise regulatory bodies etc.), so far as
relating to a body that regulates a profession in Scotland which does
40not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998
(architects, health professions and auditors),

(g) section 223(8) (requirement for the Professional Standards Authority
for Health and Social Care to lay copy strategic reports before
Parliament etc.), so far as relating to the Scottish Parliament,

(h) 45section 224 (appointments to regulatory bodies), so far as relating to—

(i) the exercise of the appointment functions under subsection
(8)(f) of the provision inserted by that section, or

(ii) subsection (4) of that provision,

Health and Social Care BillPage 272

(i) section 225 (establishment of voluntary registers), so far as relating to
the establishment and maintenance of relevant registers,

(j) section 226 (accreditation of voluntary registers), so far as relating to the
functions of the Professional Standards Authority for Health and Social
5Care in relation to relevant registers,

(k) Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care
Professions Council or the Professional Standards Authority for Health
and Social Care) and section 227(1) so far as relating to the Part in
question, and

(l) 10paragraphs 1 to 4 of Schedule 22 (amendments of the National Health
Service (Scotland) Act 1978 relating to the relationships between the
health services) and section 291 so far as relating to those paragraphs.

(2) In this section—

302 Extent

(1) 35Subject to subsections (2) to (5), this Act extends to England and Wales only.

(2) Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked.

(3) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) 40section 43 insofar as it inserts section 252A(8) of the National Health
Service Act 2006;

(b) sections 53(1) and (3), 54, 55 and 57 (public health functions);

(c) section 147(2) and paragraph 1 of Schedule 13 (references to Monitor in
instruments etc.);

(d) 45section 211(1) (the Health and Care Professions Council);

(e) section 219(1) (the Professional Standards Authority for Health and
Social Care);

Health and Social Care BillPage 273

(f) section 227(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 16
(Part 7: consequential provision etc.);

(g) section 228(1), (3) and (4) and Part 4 of Schedule 16 (abolition of the
Office of the Health Professions Adjudicator);

(h) 5section 273(1) and (3) and Part 2 of Schedule 21 (abolition of the
Appointments Commission);

(i) sections 294 and 295 (transfer schemes) insofar as they confer powers in
connection with the abolition of the Health Protection Agency;

(j) this Part.

(4) 10Sections 125 to 130 (health special administration) extend to England and
Wales and Scotland.

(5) The Secretary of State may by order provide that specified provisions of this
Act, in their application to the Isles of Scilly, have effect with such
modifications as may be specified.

303 15Short title

This Act may be cited as the Health and Social Care Act 2011.

Health and Social Care BillPage 274

SCHEDULES

Section 6(2)

SCHEDULE 1 The National Health Service Commissioning Board

Section 1E4

Schedule 1 5The National Health Service Commissioning Board

Status

(1) The Board is not to be regarded as a servant or agent of the Crown,
or as enjoying any status, privilege or immunity of the Crown.

(2) The Board’s property is not to be regarded as property of, or
10property held on behalf of, the Crown.

Membership

(1) The Board is to consist of—

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

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

(c) 15the chief executive and other members appointed in
accordance with paragraph 3.

(2) In this Schedule—

(a) references to non-executive members of the Board are
references to the members appointed in accordance with
20sub-paragraph (1)(a) and (b), and

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

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

25The chief executive and other executive members: appointment and status

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

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

(3) 30The chief executive and the other executive members are to be
employees of the Board.

(4) The first chief executive of the Board is to be appointed by the
Secretary of State.

Health and Social Care BillPage 275

Non-executive members: tenure

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

(2) A person may at any time resign from office as a non-executive
5member by giving 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) 10failure 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 that person from office under
15sub-paragraph (3).

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

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

20Suspension of non-executive members

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

(2) The Secretary of State must give notice of the decision to the
person; and the suspension takes effect on receipt by the person of
25the 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) sent by first class post to the person’s last known address
30(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) The Secretary of State—

(a) 35must 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) Following a review during a period of suspension, the Secretary of
40State 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.

Health and Social Care BillPage 276

(8) The 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 4(3), or

(b) 5decides that there are grounds to do so but does not
remove the person from office under that provision.

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

(2) 10Appointment as interim chair is for a term not exceeding the
shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair’s
15suspension, 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.

20Payment of non-executive members

(1) The Board must pay to its non-executive members such
remuneration as the Secretary of State may determine.

(2) The Board must pay or make provision for the payment of such
pensions, allowances or gratuities as the Secretary of State may
25determine to or in respect of any person who is or has been a non-
executive member of the Board.

(3) If 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, the Board must pay
30compensation to the person of such amount as the Secretary of
State may, with the approval of the Treasury, determine.

Staff

8 The Board may appoint such persons to be employees of the Board
as it considers appropriate.

(1) 35Employees of the Board are to be paid such remuneration and
allowances as the Board may determine.

(2) Employees of the Board are to be appointed on such other terms
and conditions as the Board may determine.

(3) The Board may pay or make provision for the payment of such
40pensions, allowances or gratuities as it may determine to or in
respect of any person who is or has been an employee of the Board.

(4) Before making a determination as to remuneration, pensions,
allowances or gratuities for the purposes of this paragraph, the

Health and Social Care BillPage 277

Board must obtain the approval of the Secretary of State to its
policy on the matter.

Committees

(1) The Board may appoint such committees and sub-committees as it
5considers appropriate.

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

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

(a) 10is a member of a committee or a sub-committee, but

(b) is not an employee of the Board,

whether or not that person is a non-executive member of the
Board.

Trust funds and trustees

(1) 15The Secretary of State may by order provide for the appointment
of trustees for the Board to hold property on trust—

(a) for the general or any specific purposes of the Board, or

(b) for any purposes relating to the health service in England.

(2) An order under sub-paragraph (1) may—

(a) 20make provision as to the persons by whom trustees must
be appointed and generally as to the method of their
appointment,

(b) make any appointment subject to such conditions as may
be specified in the order (including conditions requiring
25the consent of the Secretary of State),

(c) make provision as to the number of trustees to be
appointed, including provision under which that number
may from time to time be determined by the Secretary of
State after consultation with such persons as the Secretary
30of State considers appropriate, and

(d) make provision with respect to the term of office of any
trustee and his or her removal from office.

(3) Where trustees have been appointed by virtue of sub-paragraph
(1), the Secretary of State may by order provide for the transfer of
35any trust property from the Board to the trustees.

Procedure

(1) The Board may regulate its own procedure.

(2) The validity of any act of the Board is not affected by any vacancy
among the members or by any defect in the appointment of any
40member.

Health and Social Care BillPage 278

Exercise of functions

13 The Board may arrange for the exercise of any of its functions on
its behalf by—

(a) any non-executive member,

(b) 5any employee (including any executive member), or

(c) a committee or sub-committee.

Provision of information to Secretary of State

(1) The Secretary of State may require the Board to provide the
Secretary of State with such information as the Secretary of State
10considers it necessary to have for the purposes of the functions of
the Secretary of State in relation to the health service.

(2) The information must be provided in such form, and at such time
or within such period, as the Secretary of State may require.

Accounts

(1) 15The Board 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
directions to the Board as to—

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

(b) 20the methods and principles to be applied in the
preparation of its accounts.

(3) In sub-paragraph (2) the reference to accounts includes a reference
to the Board’s consolidated annual accounts prepared under
paragraph 16 and any interim accounts prepared by virtue of
25paragraph 17.

(4) The chief executive of the Board is to be its accounting officer.

Annual accounts

(1) The Board must prepare consolidated annual accounts in respect
of each financial year.

(2) 30The consolidated annual accounts must contain—

(a) the Board’s annual accounts, and

(b) a consolidation of the Board’s annual accounts and the
annual accounts of each clinical commissioning group.

(3) The Board must send copies of the consolidated annual accounts
35to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the
accounts relate as the Secretary of State may direct.

(4) 40The Comptroller and Auditor General must—

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

Health and Social Care BillPage 279

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

(5) In this paragraph, “financial year” includes the period which
begins with the day on which the Board is established, and ends
5on the following 31 March.

Interim Accounts

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

(2) 10The interim accounts in respect of any period must contain—

(a) the Board’s accounts in respect of that period, and

(b) a consolidation of the Board’s accounts in respect of that
period and any accounts of clinical commissioning groups
in respect of that period which are prepared by virtue of
15paragraph 16(3) of Schedule 1A.

(3) The Board must send copies of any interim accounts to—

(a) the Secretary of State, and

(b) if the Secretary of State directs, the Comptroller and
Auditor General,

20within such period as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on any interim accounts sent
by virtue of sub-paragraph (3)(b),

(b) if the Secretary of State so directs, send a copy of the report
25on 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.

Seal and evidence

(1) The application of the Board’s seal must be authenticated by the
30signature of any member of the Board or any other person who has
been authorised (generally or specially) for that purpose.

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

Previous Next

Contents page 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-329 330-339 340-349 350-359 360-369 370-379 Last page