(a) power to make incidental, supplementary, consequential, saving,
transitional or transitory provision (including, in the case of a power to
make regulations, provision amending, repealing or revoking
enactments), and

(b) 5power to provide for a person to exercise a discretion in dealing with
any matter.

(11) A power to give directions under or by virtue of this Act includes power to
vary or revoke the directions by subsequent directions.

(12) A direction under this Act by a Minister of the Crown (acting alone)—

(a) 10must, in the case of a direction under any of the following provisions,
be given by regulations or an instrument in writing—

(i) section 71(2) (direction to Monitor to perform functions);

(ii) section 234(1) (direction to NICE to prepare quality standards);

(iii) section 245(1) (direction to NICE to perform functions);

(iv) 15section 249(8) (direction to Board to be transitional
commissioner in relation to pre-commencement statements of
quality standards);

(v) section 254(1) (direction to Information Centre to establish
information systems);

(vi) 20section 255(5) or (6) (direction to Information Centre to comply,
or not to comply, with request to establish information
systems);

(vii) section 260(2)(d) (direction to Information Centre that
information of specified description is not subject to duty to
25publish);

(viii) section 272(1) (direction to Information Centre to perform
functions);

(ix) paragraph 7 of Schedule 6 (direction to Board to exercise
functions of Secretary of State relating to Primary Care Trusts),
30and

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

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

305 35Financial 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) any increase attributable to this Act in the sums payable under any
40other Act out of money so provided.

306 Commencement

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

(a) section 219 (Health and Care Professions Council: power to make
45arrangements with other health or social care regulators);

(b) section 221(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) the provisions of this Part;

(d) 5any 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) Sections 35 to 37 come into force on such day as the appropriate authority may
10by 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) The other provisions of this Act come into force on such day as the Secretary of
15State may by order appoint.

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

(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
20of—

(a) another provision of this Act, or

(b) any other enactment (within the meaning of section 303).

(7) An order under subsection (4) which brings paragraph 17 of Schedule 1A to the
National Health Service Act 2006 (inserted by Schedule 2) into force may make
25provision—

(a) for the duty of a clinical commissioning group under sub-paragraph (1)
or (2) of that paragraph not to apply in relation to the whole or any part
of the initial period (within the meaning of Schedule 6), and

(b) for the duty of the Board under paragraph 16 of Schedule A1 to that Act
30(inserted by Schedule 1) to have effect subject to such modifications
specified in the order as the Secretary of State considers appropriate in
consequence of the provision made under paragraph (a).

(8) Where a provision of this Act (or an amendment made by it) requires
consultation to take place, consultation undertaken before the commencement
35of the provision is as effective for the purposes of that provision as consultation
undertaken after that commencement.

307 Commencement: consultation with Scottish Ministers

(1) The Secretary of State must consult the Scottish Ministers before making an
order under section 306(4) relating to—

(a) 40section 58 (radiation protection functions), so far as relating to the
Scottish Ministers,

(b) section 60 (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 223(4) (requirement for persons advised etc. by the Professional
Standards Authority for Health and Social Care to pay fee), so far as
relating to the Scottish Ministers,

(d) section 224(1) (funding of the Professional Standards Authority for
5Health 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) section 224(4) and (5) (power of the Professional Standards Authority
for Health and Social Care to borrow), so far as relating to functions of
10the Professional Standards Authority for Health and Social Care which
are exercisable in relation to—

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

(ii) 15a body that maintains a register of persons within sub-
paragraph (i),

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

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

(f) 20section 225(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
not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998
(architects, health professions and auditors),

(g) 25section 226(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) section 227 (appointments to regulatory bodies), so far as relating to—

(i) the exercise of the appointment functions under subsection
30(8)(f) of the provision inserted by that section, or

(ii) subsection (4) of that provision,

(i) section 228 (establishment of voluntary registers), so far as relating to
the establishment and maintenance of relevant registers,

(j) section 229 (accreditation of voluntary registers), so far as relating to the
35functions of the Professional Standards Authority for Health and Social
Care in relation to relevant registers,

(k) Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care
Professions Council or the Professional Standards Authority for Health
and Social Care) and section 230(1) so far as relating to the Part in
40question, and

(l) paragraphs 1 to 4 of Schedule 21 (amendments of the National Health
Service (Scotland) Act 1978 relating to the relationships between the
health services) and section 297 so far as relating to those paragraphs.

(2) In this section—

• 45“relevant registers” means—

  (a)

  registers of unregulated health professionals in Scotland,

  (b)

  registers of unregulated health care workers in Scotland, or

  (c)

  registers of relevant students in Scotland,

• “relevant students in Scotland” means persons participating in studies in
  50Scotland for the purpose of becoming—

  (a)

  an unregulated health professional,

  Health and Social Care BillPage 283

  (b)

  an unregulated health care worker, or

  (c)

  a member of a profession which does not fall within Section G2
  of Part 2 of Schedule 5 to the Scotland Act 1998,

• “unregulated health professional” means a person who is or has been
  5practising as an unregulated health professional (within the meaning of
  the provisions inserted by section 228) and “unregulated health
  professional in Scotland” means a person who is or has been practising
  as such in Scotland, and

• “unregulated health care worker” means a person who is or has been
  10engaged in work as an unregulated health care worker (within the
  meaning of those provisions) and “unregulated health care worker in
  Scotland” means a person who is or has been engaged in such work in
  Scotland.

308 Extent

(1) 15Subject 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) 20section 46 insofar as it inserts section 252A(8) of the National Health
Service Act 2006;

(b) sections 56(1) and (3), 57, 58 and 60 (public health functions);

(c) section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in
instruments etc.);

(d) 25section 214(1) (the Health and Care Professions Council);

(e) section 222(1) (the Professional Standards Authority for Health and
Social Care);

(f) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15
(Part 7: consequential provision etc.);

(g) 30section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the
Office of the Health Professions Adjudicator);

(h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the
Appointments Commission);

(i) sections 300 and 301 (transfer schemes) insofar as they confer powers in
35connection with the abolition of the Health Protection Agency;

(j) this Part.

(4) Sections 128 to 133 (health special administration) extend to England and
Wales and Scotland.

(5) The Secretary of State may by order provide that specified provisions of this
40Act, in their application to the Isles of Scilly, have effect with such
modifications as may be specified.

309 Short title

This Act may be cited as the Health and Social Care Act 2012.

SCHEDULES

Section 9(2)

SCHEDULE 1 The National Health Service Commissioning Board

Section 1G(4)

“Schedule 1 5The National Health Service Commissioning Board

Status

1 (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

2 (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

3 (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.

Non-executive members: tenure

4 (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

5 (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.

(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.

6 (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

7 (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.

9 (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

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

Committees

10 (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

11 (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

12 (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.

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

14 (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

15 (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

16 (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

(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

17 (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 17(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

18 (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.”