Care Bill (HL Bill 45)

(e) make provision for determining the day on which an assessment
notice, a discharge notice or a withdrawal notice is to be regarded as
given.

Section 71

SCHEDULE 4 5After-care under the Mental Health Act 1983: direct payments

1 (1) Sections 31 (adults with capacity to request direct payments), 32 (adults
without capacity to request direct payments) and 33 (direct payments:
further provision) apply in relation to section 117 of the Mental Health Act
1983 but as if the following modifications were made to those sections.

(2) 10For subsection (1) of section 31, substitute—

“(1) This section applies where an adult to whom section 117 of the
Mental Health Act 1983 (after-care) applies requests the local
authority to make payments to the adult or a person nominated by
the adult that are equivalent to the cost of providing or arranging for
15the provision of after-care services for the adult under that section.”

(3) In subsection (5) of that section—

(a) in paragraph (a), for “meeting the adult’s needs” substitute
“discharging its duty under section 117 of the Mental Health Act
1983”, and

(b) 20in paragraph (b), for “to meet the adult’s needs” substitute “to
discharge its duty under that section”.

(4) In subsection (7) of that section, for “to meet the needs in question”
substitute “to discharge its duty under section 117 of the Mental Health Act
1983”.

(5) 25For subsection (1) of section 32, substitute—

“(1) This section applies where—

(a) an adult to whom section 117 of the Mental Health Act 1983
(after-care) applies lacks capacity to request the local
authority to make payments equivalent to the cost of
30providing or arranging for the provision of after-care services
for the adult under that section, and

(b) an authorised person requests the local authority to make
such payments to the authorised person.”

(6) In subsection (4)(a) of that section, for “the adult’s needs for care and
35support” substitute “the provision to the adult of after-care services under
section 117 of the Mental Health Act 1983”.

(7) In subsection (6) of that section—

(a) in paragraph (a), for “meeting the adult’s needs” substitute
“discharging its duty under section 117 of the Mental Health Act
401983”, and

(b) in paragraph (b), for “to meet the adult’s needs” substitute “to
discharge its duty under that section”.

(8) In subsection (7) of that section, for “the provision of the care and support”
substitute “the provision of after-care services under section 117 of the
Mental Health Act 1983”.

(9) In subsection (9) of that section, for “to meet the needs in question”
5substitute “to discharge its duty under section 117 of the Mental Health Act
1983”.

(10) In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its
duty under section 117 of the Mental Health Act 1983”.

(11) For subsection (3) of that section, substitute—

“(3) 10A direct payment is made on condition that it be used only to pay for
arrangements under which after-care services for the adult are
provided under section 117 of the Mental Health Act 1983.”

2 (1) Section 117(2C) of the Mental Health Act 1983 (references to after-care
services to include those provided by means of direct payments) is amended
15as follows.

(2) In paragraph (a), for “regulations under section 57 of the Health and Social
Care Act 2001 or” substitute “—

(i) sections 31 to 33 of the Care Act 2013 (as applied by
Schedule 4 to that Act), or

(ii) 20regulations under”.

(3) In paragraph (b), after “apart from” insert “those sections (as so applied) or”.

Section 86

SCHEDULE 5 Health Education England

Part 1 25Constitution

Membership

1 (1) HEE consists of—

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

(b) six other members appointed by the Secretary of State,

(c) 30a chief executive appointed by the members appointed under
paragraphs (a) and (b), and

(d) no more than four other members appointed by the members
appointed under paragraphs (a) and (b).

(2) The members appointed under sub-paragraph (1)(a) and (b)—

(a) 35are not employees of HEE, and

(b) are referred to in this Schedule as the “non-executive members”.

(3) The members appointed under sub-paragraph (1)(c) and (d)—

(a) are employees of HEE, and

(b) are referred to in this Schedule as the “executive members”.

2 (1) The members of HEE must include persons who have clinical expertise of a
description specified in regulations.

(2) The regulations may require—

(a) a specified number of members to have that expertise;

(b) 5a specified number of non-executive members to have that expertise;

(c) a specified number of executive members to have that expertise.

Non-executive members: terms of office

3 (1) A person holds office as a non-executive member of HEE on the terms of that
person’s appointment.

(2) 10A person may not be appointed as a non-executive member for a period of
more than four years.

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

(4) A person may resign from office as a non-executive member by giving notice
15to the Secretary of State.

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

(a) incapacity;

(b) misbehaviour;

(c) 20failure to carry out his or her duties as a non-executive member.

(6) 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 sub-paragraph (5).

Non-executive members: suspension from office

4 (1) 25Having decided to suspend a person under paragraph 3(6), the Secretary of
State must give notice of the decision to the person; and the suspension takes
effect when the person receives the notice.

(2) The notice may be—

(a) delivered in person (in which case the person is taken to receive it
30when it is delivered), or

(b) sent 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).

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

(4) 35The Secretary of State may review the suspension.

(5) The 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
40beginning of the initial period of suspension.

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

(a) revoke the suspension, or

(b) suspend the person for a period of no more than six months from the
expiry of the current period.

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

(a) 5decides that there are no grounds to remove the person from office
under paragraph 3(5), or

(b) decides that there are grounds to do so but nonetheless decides not
to do so.

5 (1) Where a person is suspended from office as the chair under paragraph 3(6),
10the 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) the appointment of a new chair, or

(ii) 15the 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.

Non-executive members: pay

6 (1) 20HEE must pay its non-executive members such remuneration as the
Secretary of State may decide.

(2) HEE must pay, or provide for the payment of, such allowances or gratuities
as the Secretary of State may decide to a person who is or has been a non-
executive member of HEE.

25Employees: terms of office

7 (1) Each executive member of HEE is appointed as an employee of HEE on such
terms as it decides.

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

(3) 30HEE may appoint, on such terms as it decides, other persons as employees
of HEE (in addition to those appointed as executive members).

Employees: pay

8 (1) HEE must pay its employees such remuneration as it decides.

(2) HEE may pay, or provide for the payment of, such pensions, allowances or
35gratuities as it decides to or in respect of a person who is or has been an
employee of HEE.

(3) Before making a decision about pay under this paragraph, HEE must obtain
the approval of the Secretary of State to its policy on the matter.

Committees and sub-committees

9 (1) 40HEE may appoint committees and sub-committees.

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

(3) HEE may pay such remuneration and allowances as it decides to a person
who is a member of a committee (including a committee which HEE is
5required to appoint under section 93(1) (LETBs)) or sub-committee, but is
not an employee of HEE, regardless of whether the person is a non-executive
member of HEE.

(4) Any committees and sub-committees of the Special Health Authority called
Health Education England in existence immediately before its abolition are
10to become respectively committees and sub-committees of HEE (and are to
be treated as appointed under this paragraph).

Procedure

10 (1) HEE may regulate its own procedure.

(2) A vacancy among the members of HEE, or a defect in the appointment of a
15member, does not affect the validity of any act of HEE.

Seal and evidence

11 (1) The application of HEE’s seal must be authenticated by the signature of a
member of HEE or a person who has been authorised (whether generally or
specifically) for the purpose.

(2) 20A document purporting to be duly executed under HEE’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.

(3) But this paragraph does not apply in relation to a document which is, or is
to be, signed in accordance with the law of Scotland.

25Status of HEE

12 (1) HEE 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) HEE’s property is not to be regarded as property of, or property held on
behalf of, the Crown.

30Part 2 Functions

Exercise of functions

13 (1) HEE must exercise its functions effectively, efficiently and economically.

(2) HEE may arrange for any person to help it to exercise its functions (whether
35in a particular case or in cases of a particular description).

(3) Arrangements under sub-paragraph (2) may provide for the payment of
remuneration and allowances to the persons with whom HEE makes the
arrangements.

(4) HEE may not arrange for a committee which is not an LETB to exercise a
function which is exercisable by an LETB.

(5) HEE may in any way it thinks appropriate involve health care workers,
persons to whom health services are provided or carers for such persons, in
5decisions it makes about the exercise of its functions; and “carer” means an
adult who provides or intends to provide care for another person.

(6) HEE may do anything which appears to it to be necessary or desirable for
the purposes of or in connection with the exercise of its functions.

(7) In section 247C of the National Health Service Act 2006 (Secretary of State’s
10duty to keep health service functions of certain bodies under review), in
subsection (2), after paragraph (e) insert—

“(ea) Health Education England;”.

Help or advice for other public authorities

14 (1) HEE may provide help or advice to another public authority for the purpose
15of the exercise by that authority of its functions.

(2) Help or advice under this paragraph may be provided on such terms as HEE
decides (including terms relating to payment of remuneration or
allowances).

(3) “Public authority”—

(a) 20includes any person certain of whose functions are functions of a
public nature, but

(b) does not include either House of Parliament or a person exercising
functions in connection with proceedings in Parliament.

(4) A reference to a public authority—

(a) 25includes a public authority in the Channel Islands or the Isle of Man,
but

(b) subject to that, does not include a reference to a public authority
outside the United Kingdom.

Co-operation

15 (1) 30HEE must, in the exercise of its functions, co-operate with the Secretary of
State in the exercise of the Secretary of State’s public health functions (as
defined by section 1H of the National Health Service Act 2006).

(2) In section 72 of that Act (co-operation between NHS bodies), after subsection
(3) insert—

“(4) 35For the purposes of this section, Health Education England is an
NHS body.”

(3) In section 290(3) of the Health and Social Care Act 2012 (bodies which must
co-operate with Monitor and the Care Quality Commission in the exercise of
their functions), after paragraph (c) (but before the following “and”) insert—

“(ca) 40Health Education England,”.

(4) Regulations may require HEE and a specified person to co-operate with each
other in the exercise of their respective functions or such of their functions
as are specified.

NHS contracts

16 In section 9(4) of the National Health Service Act 2006 (NHS contracts: health
service bodies), after paragraph (kb) insert—

“(kc) Health Education England,”.

5Arrangements with devolved authorities

17 (1) HEE may arrange with a devolved authority for HEE—

(a) to exercise on behalf of the devolved authority any function which
corresponds to a function of HEE;

(b) to provide services or facilities in so far as the devolved authority
10requires them in connection with the exercise of such a function.

(2) The terms and conditions on which arrangements under this paragraph may
be made include provision for payment to HEE in respect of its costs in
giving effect to the arrangements.

Failure to exercise functions

18 (1) 15If the Secretary of State considers that HEE is failing or has failed to exercise
any of its functions, and that the failure is significant, the Secretary of State
may direct HEE to exercise such of its functions, in such manner and within
such period, as the direction specifies.

(2) If HEE fails to comply with a direction under this section, the Secretary of
20State may—

(a) exercise the functions specified in the direction, or

(b) make arrangements for some other person to exercise them on the
Secretary of State’s behalf.

(3) Where the Secretary of State exercises a power under sub-paragraph (1) or
25(2), the Secretary of State must publish the reasons for doing so.

(4) The reference in sub-paragraph (1) to exercising a function includes a
reference to exercising it properly.

Part 3 Finance and reports

30Funding

19 (1) The Secretary of State must pay HEE for each financial year sums not
exceeding the amount the Secretary of State has allotted for that year
towards meeting the expenditure that is attributable to HEE’s exercise of its
functions in that year.

(2) 35An amount is to be regarded as allotted when the Secretary of State notifies
HEE accordingly.

(3) The Secretary of State may make a new allotment under this paragraph
increasing or decreasing the allotment previously made, but only if—

(a) HEE agrees,

(b) 40a parliamentary general election takes place, or

(c) the Secretary of State considers that exceptional circumstances make
a new allotment necessary.

(4) The Secretary of State may give directions to HEE about the payment by it
to the Secretary of State of sums in respect of charges or other amounts
5relating to the valuation or disposal of assets.

(5) Sums payable to HEE under this paragraph are payable subject to such
conditions as to records, certificates or otherwise as the Secretary of State
may decide.

(6) In this Part of this Schedule, “financial year” includes the period—

(a) 10beginning with the day on which HEE is established, and

(b) ending with the following 31 March or, if the period ending with that
date is 3 months or less, ending with the 31 March following that
date.

Financial duties: expenditure

20 (1) 15HEE must ensure that total expenditure attributable to its exercise of its
functions in each financial year (its “total spending”) does not exceed the
aggregate of—

(a) the amount allotted to it for that year under paragraph 19,

(b) the income generated in that year from carrying out activities for the
20purposes of or in connection with the exercise of its functions, and

(c) any other sums received by it in that year for the purpose of enabling
it to meet such expenditure.

(2) The Secretary of State may direct that spending of a specified description is,
or is not, to be treated for the purposes of sub-paragraph (1) as part of HEE’s
25total spending.

(3) The Secretary of State may by directions determine—

(a) the extent to which, and circumstances in which, sums received by
HEE under paragraph 19 but not yet spent are to be treated for the
purposes of sub-paragraph (1) as part of HEE’s total spending, and

(b) 30to which financial year those sums are to be attributed.

(4) The Secretary of State may direct HEE to use specified banking facilities for
specified purposes.

Financial duties: use of generated income

21 Where HEE generates income from carrying out activities for the purposes
35of or in connection with the exercise of its functions, it must ensure that the
income is used for exercising its functions.

Financial duties: controls on total resource use

22 (1) HEE must ensure that—

(a) its use of capital resources in a financial year does not exceed the
40amount specified by the Secretary of State, and

(b) its use of revenue resources in a financial year does not exceed the
amount specified by the Secretary of State.

(2) The Secretary of State may, in relation to a financial year, direct that for the
purposes of this paragraph—

(a) resources of a specified description are, or are not, to be treated as
capital resources or revenue resources;

(b) 5a specified use of capital resources or revenue resources is, or is not,
to be taken into account.

(3) An amount specified for the purposes of sub-paragraph (1)(a) or (b) may be
varied only if—

(a) HEE agrees,

(b) 10a parliamentary general election takes place, or

(c) the Secretary of State considers that exceptional circumstances make
the variation necessary.

(4) A reference to the use of capital resources or revenue resources is a reference
to their expenditure, consumption or reduction in value.

15Financial duties: additional controls on resource use

23 (1) The Secretary of State may direct HEE to ensure that—

(a) total capital resource use in a financial year which is attributable to
specified matters does not exceed a specified amount,

(b) total revenue resource use in a financial year which is attributable to
20specified matters does not exceed a specified amount, and

(c) total revenue resource use in a financial year which is attributable to
specified matters relating to administration does not exceed a
specified amount.

(2) The Secretary of State may give directions, in relation to a financial year,
25specifying uses of capital resources or revenue resources which are, or are
not, to be taken into account for the purposes of sub-paragraph (1)(a), (b) or
(c) (as the case may be).

(3) The Secretary of State may not give a direction under sub-paragraph (1)(a)
or (b) unless the direction is for the purpose of complying with a limit
30imposed by the Treasury.

Losses and liabilities etc

24 (1) Section 265 of the Public Health Act 1875 (which relates to the protection of
members and officers of certain authorities from personal liability) has effect
as if there were included in the authorities referred to in that section a
35reference to HEE.

(2) In its application to HEE as a result of sub-paragraph (1), section 265 of that
Act has effect as if any reference in that section to that Act were a reference
to this Act.

(3) In section 71(2) of the National Health Service Act 2006 (schemes for meeting
40losses and liabilities etc of certain health service bodies: bodies eligible to
participate), after paragraph (db) insert—

“(dc) Health Education England,”.

Accounts

25 (1) HEE must keep—

(a) proper accounts, and

(b) proper records relating to the accounts.

(2) The Secretary of State may, with the approval of the Treasury, give
directions to HEE about—

(a) 5the content and form of its accounts, and

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

(3) The reference in sub-paragraph (2) to accounts includes a reference to—

(a) the accounts prepared under paragraph 26, and

(b) 10such accounts as are prepared under paragraph 27.

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

Annual accounts

26 (1) HEE must prepare consolidated annual accounts for each financial year.

(2) The consolidated annual accounts must include—

(a) 15the annual accounts of each LETB,

(b) the annual accounts of each other committee of HEE, and

(c) the annual accounts relating to the rest of HEE’s activities.

(3) HEE must send copies of the consolidated annual accounts to—

(a) the Secretary of State, and

(b) 20the Comptroller and Auditor General,

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

(4) The Comptroller and Auditor General must—

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

(b) 25lay copies of them and the report on them before Parliament.

Interim accounts

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

(2) 30The interim accounts in respect of any period must include—

(a) the accounts of each LETB in respect of that period, and

(b) the accounts of each other committee of HEE in respect of that
period.

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

(a) 35the Secretary of State, and

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

within such period as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) 40examine, certify and report on any interim accounts sent under sub-
paragraph (3)(b),