|
| |
| |
| |
| |
| |
| |
| |
| 5 |
| |
(a) | a chair appointed by the Secretary of State, |
| |
(b) | six other members appointed by the Secretary of State, |
| |
(c) | a chief executive appointed by the members appointed under |
| |
paragraphs (a) and (b), and |
| 10 |
(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) | are not employees of HEE, and |
| |
(b) | are referred to in this Schedule as the “non-executive members”. |
| 15 |
(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. |
| 20 |
(2) | The regulations may require— |
| |
(a) | a specified number of members to have that expertise; |
| |
(b) | a specified number of non-executive members to have that expertise; |
| |
(c) | a specified number of executive members to have that expertise. |
| |
(3) | The non-executive members of HEE must include a person who will |
| 25 |
represent the interests of patients. |
| |
Non-executive members: terms of office |
| |
3 (1) | A person holds office as a non-executive member of HEE on the terms of that |
| |
| |
(2) | A person may not be appointed as a non-executive member for a period of |
| 30 |
| |
(3) | A person who ceases to be a non-executive member is eligible for re- |
| |
| |
(4) | A person may resign from office as a non-executive member by giving notice |
| |
to the Secretary of State. |
| 35 |
(5) | The Secretary of State may remove a person from office as a non-executive |
| |
member on any of the following grounds— |
| |
| |
| |
(c) | failure to carry out his or her duties as a non-executive member. |
| 40 |
| |
| |
|
| |
| |
(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) | Having decided to suspend a person under paragraph 3(6), the Secretary of |
| 5 |
State must give notice of the decision to the person; and the suspension takes |
| |
effect when the person receives the notice. |
| |
| |
(a) | delivered in person (in which case the person is taken to receive it |
| |
when it is delivered), or |
| 10 |
(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 |
| |
| |
(3) | The initial period of suspension must not exceed six months. |
| |
(4) | The Secretary of State may review the suspension. |
| 15 |
(5) | The Secretary of State— |
| |
(a) | must review the suspension, if requested in writing by the person to |
| |
| |
(b) | need not review the suspension less than three months after the |
| |
beginning of the initial period of suspension. |
| 20 |
(6) | Following a review during a period of suspension, the Secretary of State |
| |
| |
(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. |
| 25 |
(7) | 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 |
| |
| |
(b) | decides that there are grounds to do so but nonetheless decides not |
| |
| 30 |
5 (1) | Where a person is suspended from office as the chair under paragraph 3(6), |
| |
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— |
| 35 |
(i) | the appointment of a new chair, or |
| |
(ii) | the revocation or expiry of the existing chair’s suspension, |
| |
| |
(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. |
| 40 |
Non-executive members: pay |
| |
6 (1) | HEE 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- |
| |
| |
Employees: terms of office |
| |
7 (1) | Each executive member of HEE is appointed as an employee of HEE on such |
| 5 |
| |
(2) | A person may not be appointed as chief executive without the consent of the |
| |
| |
(3) | HEE may appoint, on such terms as it decides, other persons as employees |
| |
of HEE (in addition to those appointed as executive members). |
| 10 |
| |
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 |
| |
gratuities as it decides to or in respect of a person who is or has been an |
| |
| 15 |
(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) | HEE may appoint committees and sub-committees. |
| |
(2) | A committee or sub-committee may consist of or include persons who are |
| 20 |
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 |
| |
required to appoint under section 101(1) (LETBs)) or sub-committee, but is |
| |
not an employee of HEE, regardless of whether the person is a non-executive |
| 25 |
| |
(4) | Any committees and sub-committees of the Special Health Authority called |
| |
Health Education England in existence immediately before its abolition are |
| |
to become respectively committees and sub-committees of HEE (and are to |
| |
be treated as appointed under this paragraph). |
| 30 |
| |
10 (1) | HEE may regulate its own procedure. |
| |
(2) | A vacancy among the members of HEE, or a defect in the appointment of a |
| |
member, does not affect the validity of any act of HEE. |
| |
| 35 |
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) | A 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. |
| 5 |
| |
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 |
| |
| 10 |
| |
| |
| |
13 (1) | HEE must exercise its functions effectively, efficiently and economically. |
| |
(2) | HEE may arrange for any of its committees, sub-committees or members or |
| 15 |
any other person to exercise any of its functions on its behalf (but see sub- |
| |
| |
(3) | HEE may arrange for any person to help it to exercise its functions (whether |
| |
in a particular case or in cases of a particular description). |
| |
(4) | Arrangements under sub-paragraph (2) or (3) may provide for the payment |
| 20 |
of remuneration and allowances to the persons with whom HEE makes the |
| |
| |
(5) | HEE may not arrange for a committee which is not an LETB, or for a sub- |
| |
committee, member or any other person, to exercise a function which is |
| |
| 25 |
(6) | 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 |
| |
decisions it makes about the exercise of its functions; and “carer” means an |
| |
adult who provides or intends to provide care for another person. |
| |
(7) | HEE may do anything which appears to it to be necessary or desirable for |
| 30 |
the purposes of or in connection with the exercise of its functions. |
| |
(8) | In section 247C of the National Health Service Act 2006 (Secretary of State’s |
| |
duty to keep health service functions of certain bodies under review), in |
| |
subsection (2), after paragraph (e) insert— |
| |
“(ea) | Health Education England;”. |
| 35 |
Help or advice for other public authorities |
| |
14 (1) | HEE may provide help or advice to another public authority for the purpose |
| |
of 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 |
| |
| |
| |
(a) | includes any person certain of whose functions are functions of a |
| 5 |
| |
(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) | includes a public authority in the Channel Islands or the Isle of Man, |
| 10 |
| |
(b) | subject to that, does not include a reference to a public authority |
| |
outside the United Kingdom. |
| |
| |
15 (1) | HEE must, in the exercise of its functions, co-operate with the Secretary of |
| 15 |
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 |
| |
| |
“(4) | For the purposes of this section, Health Education England is an |
| 20 |
| |
(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) | Health Education England,”. |
| 25 |
(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 |
| |
| |
| |
16 | In section 9(4) of the National Health Service Act 2006 (NHS contracts: health |
| 30 |
service bodies), after paragraph (kb) insert— |
| |
“(kc) | Health Education England,”. |
| |
Arrangements 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 |
| 35 |
corresponds to a function of HEE; |
| |
(b) | to provide services or facilities in so far as the devolved authority |
| |
requires 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 |
| 40 |
giving effect to the arrangements. |
| |
| |
| |
|
| |
| |
Failure to exercise functions |
| |
18 (1) | If 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. |
| 5 |
(2) | If HEE fails to comply with a direction under this section, the Secretary of |
| |
| |
(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. |
| 10 |
(3) | Where the Secretary of State exercises a power under sub-paragraph (1) or |
| |
(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. |
| |
| 15 |
| |
| |
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 |
| 20 |
| |
(2) | An amount is to be regarded as allotted when the Secretary of State notifies |
| |
| |
(3) | The Secretary of State may make a new allotment under this paragraph |
| |
increasing or decreasing the allotment previously made, but only if— |
| 25 |
| |
(b) | a 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 |
| 30 |
to the Secretary of State of sums in respect of charges or other amounts |
| |
relating 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 |
| |
| 35 |
(6) | In this Part of this Schedule, “financial year” includes the period— |
| |
(a) | beginning 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 |
| |
| 40 |
| |
| |
|
| |
| |
Financial duties: expenditure |
| |
20 (1) | HEE must ensure that total expenditure attributable to its exercise of its |
| |
functions in each financial year (its “total spending”) does not exceed the |
| |
| |
(a) | the amount allotted to it for that year under paragraph 19, |
| 5 |
(b) | the income generated in that year from carrying out activities for the |
| |
purposes 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, |
| 10 |
or is not, to be treated for the purposes of sub-paragraph (1) as part of HEE’s |
| |
| |
(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 |
| 15 |
purposes of sub-paragraph (1) as part of HEE’s total spending, and |
| |
(b) | to which financial year those sums are to be attributed. |
| |
(4) | The Secretary of State may direct HEE to use specified banking facilities for |
| |
| |
Financial duties: use of generated income |
| 20 |
21 | Where HEE generates income from carrying out activities for the purposes |
| |
of 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— |
| 25 |
(a) | its use of capital resources in a financial year does not exceed the |
| |
amount 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 |
| 30 |
purposes of this paragraph— |
| |
(a) | resources of a specified description are, or are not, to be treated as |
| |
capital resources or revenue resources; |
| |
(b) | a specified use of capital resources or revenue resources is, or is not, |
| |
to be taken into account. |
| 35 |
(3) | An amount specified for the purposes of sub-paragraph (1)(a) or (b) may be |
| |
| |
| |
(b) | a parliamentary general election takes place, or |
| |
(c) | the Secretary of State considers that exceptional circumstances make |
| 40 |
| |
(4) | A reference to the use of capital resources or revenue resources is a reference |
| |
to their expenditure, consumption or reduction in value. |
| |
| |
| |
|
