Care Bill [HL]

House of Lords

Session 2013 - 14
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Care Bill [HL]

Care Bill [HL]
Schedule 5 — Health Education England
Part 3 — Finance and reports
134

Financial 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
5
specified 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,
10
specifying 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
15
imposed 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
20
reference 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
25
losses 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—
30
(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)
the content and form of its accounts, and
35
(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)
such accounts as are prepared under paragraph 27.
40
      (4)
The chief executive of HEE is to be its accounting officer.

Care Bill [HL]
Schedule 5 — Health Education England
Part 3 — Finance and reports
135

Annual accounts
26    (1)
HEE must prepare consolidated annual accounts for each financial year.
      (2)
The consolidated annual accounts must include—
(a)
the annual accounts of each LETB,
(b)
the annual accounts of each other committee of HEE, and
5
(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)
the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts
10
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)
lay copies of them and the report on them before Parliament.
Interim accounts
15
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)
The interim accounts in respect of any period must include—
(a)
the accounts of each LETB in respect of that period, and
20
(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)
the Secretary of State, and
(b)
if the Secretary of State directs, the Comptroller and Auditor
25
General,

within 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 under sub-
paragraph (3)(b),
30
(b)
if the Secretary of State directs, send a copy of the report on the
accounts to the Secretary of State, and
(c)
if the Secretary of State directs, lay copies of the accounts and the
report on them before Parliament.
Annual report
35
28    (1)
As soon as is feasible after the end of each financial year, HEE must prepare
an annual report on how it has exercised its functions during the year.
      (2)
The report must include, in particular, HEE’s assessment of—
(a)
the extent to which is has during the year—
(i)
achieved the objectives and reflected the priorities set by the
40
Secretary of State for the purposes of section 98(1); and

Care Bill [HL]
Schedule 5 — Health Education England
Part 4 — Consequential amendments
136

(ii)
achieved the outcomes set by the Secretary of State for the
purposes of section 98(2); and
(b)
how effectively it discharged its duties under this Act or under
regulations under this Act.
      (3)
HEE must—
5
(a)
lay a copy of the report before Parliament, and
(b)
send a copy of it to the Secretary of State.
      (4)
HEE must provide the Secretary of State with such other reports and
information relating to the exercise of its functions as the Secretary of State
may request.
10
Part 4
Consequential amendments
Public Records Act 1958
29
In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the
appropriate place insert—
15
“Health Education England.”
Public Bodies (Admission to Meetings) Act 1960
30
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after
paragraph (bl) insert—
“(bm)
Health Education England;”.
20
Parliamentary Commissioner Act 1967
31
In Schedule 2 to the Parliamentary Commissioner Act 1967, at the
appropriate place insert—
“Health Education England”.
House of Commons Disqualification Act 1975
25
32
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
at the appropriate place insert—
“Health Education England.”
Copyright, Designs and Patents Act 1988
33
In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of
30
“the Crown”), after “the Care Quality Commission” insert “, Health
Education England”.
Freedom of Information Act 2000
34
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (health
service), at the appropriate place insert—
35
“Health Education England.”

Care Bill [HL]
Schedule 6 — Local Education and Training Boards
137

Equality Act 2010
35
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
public sector equality duty), in the group of entries under the heading
“Health, social care and social security”, before the entry for the Health
Service Commissioner for England, insert—
5
“Health Education England.”
Schedule 6
Section 102

Local Education and Training Boards
The area for which an LETB is appointed
1     (1)
HEE must ensure that the areas of LETBs—
10
(a)
do not coincide or overlap, and
(b)
together cover the whole of England.
      (2)
HEE may vary the area of an LETB.
      (3)
HEE must—
(a)
keep an up-to-date record of the area of each LETB, and
15
(b)
publish the record.
Assessment of whether the appointment criteria are being met in relation to LETBs
2     (1)
HEE must, whenever it considers appropriate, assess—
(a)
whether the appointment criteria are being met in relation to an
LETB, and
20
(b)
if they are not, whether enough of the appointment criteria are being
met for the LETB in question to be able to exercise its functions.
      (2)
Having carried out an assessment under sub-paragraph (1), HEE must
notify the LETB of, and then publish—
(a)
the result of the assessment, and
25
(b)
if HEE is not satisfied that the criteria are being met in relation to the
LETB, HEE’s reasons for not being so satisfied.
      (3)
Where, on an assessment under sub-paragraph (1), HEE is not satisfied that
all the appointment criteria are being met in relation to an LETB but is
satisfied that enough of them are being met for the LETB to be able to
30
exercise its functions, HEE may impose conditions on the LETB relating to
its operation.
      (4)
Where, on an assessment under sub-paragraph (1), HEE is not satisfied that
enough of the appointment criteria are being met in relation to the LETB for
the LETB to be able to exercise its functions, HEE may do one or more of the
35
following—
(a)
appoint new members of the LETB (whether as well as or instead of
existing members);
(b)
exercise functions on behalf of the LETB;

Care Bill [HL]
Schedule 6 — Local Education and Training Boards
138

(c)
make arrangements for the persons who provide health services in
the area for which the LETB was appointed to be represented by
another LETB instead.
      (5)
Before imposing conditions under sub-paragraph (3) or taking action under
sub-paragraph (4), HEE must notify the LETB concerned of—
5
(a)
the conditions it proposes to impose or action it proposes to take, and
(b)
its reasons for proposing to impose those conditions or take that
action.
      (6)
Having imposed conditions under sub-paragraph (3) or taken action under
sub-paragraph (4), HEE must publish—
10
(a)
details of the conditions it imposed or action it took, and
(b)
its reasons for imposing those conditions or taking that action.
      (7)
Before making arrangements under sub-paragraph (4)(c), HEE must obtain
the approval of the other LETB.
      (8)
Regulations must require specified commissioners of health services to
15
include in the arrangements under the National Health Service Act 2006 for
the provision of such services terms to ensure that a provider of such
services—
(a)
co-operates with any LETB which represents that provider by virtue
of arrangements made by HEE under sub-paragraph (4)(c), in such
20
manner and to such extent as that LETB may request, in planning the
provision of, and in providing, education and training for health care
workers;
(b)
provides that LETB with such information as it may request.
      (9)
Regulations may specify other circumstances in which HEE may intervene
25
in the operation of an LETB (whether by imposing conditions or in such
other way as is specified).
     (10)
A reference to exercising a function includes a reference to exercising it
properly.
Publication and review of the appointment criteria
30
3     (1)
HEE must publish the appointment criteria; but before doing so it must
obtain the approval of the Secretary of State.
      (2)
HEE must keep the appointment criteria under review and may revise them;
and the duty to obtain approval under sub-paragraph (1) applies to revised
criteria only in so far as HEE considers the revisions significant.
35
Exercise of functions
4     (1)
Regulations may—
(a)
give LETBs additional functions relating to the provision of
education and training for health care workers or to the planning of
its provision;
40
(b)
impose requirements on LETBs relating to how they exercise
functions.
      (2)
An LETB 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.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 1 — Constitution
139

      (3)
If HEE considers that an LETB is failing or has failed to exercise a function,
or that there is a significant risk that it will fail to do so, HEE must direct the
LETB to exercise such function within such period, and in such manner, as
the direction specifies.
      (4)
If an LETB fails to comply with a direction under sub-paragraph (3), HEE
5
may take action under one or more of paragraphs (a) to (c) of paragraph 2(4)
(with paragraph 2(5) to (7) applying accordingly).
      (5)
The reference in sub-paragraph (3) to exercising a function includes a
reference to exercising it properly.
Schedule 7
10
Section 107

The Health Research Authority
Part 1
Constitution
Membership
1     (1)
The HRA consists of—
15
(a)
a chair appointed by the Secretary of State,
(b)
at least three but no more than four other members appointed by the
Secretary of State,
(c)
a chief executive appointed by the members appointed under
paragraphs (a) and (b), and
20
(d)
at least two but no more than three 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 the HRA, and
(b)
are referred to in this Schedule as the “non-executive members”.
25
      (3)
The members appointed under sub-paragraph (1)(c) and (d)—
(a)
are employees of the HRA, and
(b)
are referred to in this Schedule as the “executive members”.
      (4)
The number of non-executive members must exceed the number of
executive members.
30
Non-executive members: terms of office
2     (1)
A person holds office as a non-executive member of the HRA on the terms
of that person’s appointment.
      (2)
A person may not be appointed as a non-executive member for a period of
more than four years.
35
      (3)
A person who ceases to be a non-executive member is eligible for re-
appointment.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 1 — Constitution
140

      (4)
A person may resign from office as a non-executive member by giving notice
to 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;
5
(b)
misbehaviour;
(c)
failure 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).
10
Non-executive members: suspension from office
3     (1)
Having decided to suspend a person under paragraph 2(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—
15
(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 (in which
case, the person is taken to receive it on the third day after the day on
which it is posted).
20
      (3)
The initial period of suspension must not exceed six months.
      (4)
The 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
25
(b)
need not review the suspension less than three months after the
beginning 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
30
(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)
decides that there are no grounds to remove the person from office
under paragraph 2(5), or
35
(b)
decides that there are grounds to do so but nonetheless decides not
to do so.
4     (1)
Where a person is suspended from office as the chair under paragraph 2(6),
the Secretary of State may appoint a non-executive member as interim chair
to exercise the chair’s functions.
40
      (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