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1 (1) | The membership of the Agency is to be as follows— |
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(c) | the prescribed number of non-executive members; |
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(d) | the prescribed number of executive members. |
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(2) | The chairman is to be appointed by the Secretary of State after consultation |
| 10 |
with each of the devolved authorities. |
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(3) | The non-executive members are to be appointed as follows— |
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(a) | one is to be appointed by the Scottish Ministers; |
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(b) | one is to be appointed by the Department of Health, Social Services |
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and Public Safety in Northern Ireland; |
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(c) | one is to be appointed by the National Assembly for Wales; |
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(d) | the remainder are to be appointed by the Secretary of State. |
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(4) | The executive members are to be appointed by the chairman and the non- |
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executive members of the Agency. |
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(5) | The members of the Agency may appoint one of the non-executive members |
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to be deputy chairman for such period (not exceeding the remainder of his |
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period of office as member) as they specify on making the appointment. |
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(6) | The prescribed number is such number as the Secretary of State prescribes |
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(7) | But the Secretary of State must not act under sub-paragraph (6) unless he |
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first consults each of the devolved authorities. |
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2 (1) | The National Assembly for Wales may direct a Special Health Authority to |
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exercise any function it has by virtue of paragraph 1. |
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(2) | If the Assembly gives such a direction, the National Health Service Act 1977 |
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(c. 49) has effect as if— |
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(a) | the direction is a direction under section 16D of that Act; |
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(b) | the function is exercisable by the Special Health Authority under that |
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3 (1) | The Secretary of State may by regulations prescribe conditions which are to |
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be satisfied in relation to a person before he is appointed as chairman or as |
| 35 |
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(2) | But the Secretary of State must not act under this paragraph unless he first |
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consults each of the devolved authorities. |
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4 | The executive members (including the chief executive) are to be— |
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(a) | employees of the Agency, or |
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(b) | persons seconded to the staff of the Agency. |
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5 (1) | The Agency is not to be regarded as the servant or agent of the Crown or as |
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enjoying any status, immunity or privilege of the Crown. |
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(2) | The property of the Agency is not to be regarded as property of or property |
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held on behalf of the Crown. |
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6 | The Agency is to be treated as a cross-border public authority within the |
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meaning of the Scotland Act 1998 (c. 46) for the purposes of the following |
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(a) | section 23(2)(b) (power of Scottish Parliament to require persons |
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outside Scotland to attend to give evidence or produce documents); |
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(b) | section 70(6) (legislation of Scottish Parliament not to require certain |
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cross-border public authorities to prepare accounts). |
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7 | The Agency must appoint a person to be its chief executive. |
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8 (1) | The Secretary of State may by regulations make provision as to the terms on |
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which the chairman and non-executive members of the Agency are to be |
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(2) | The regulations may in particular make provision as to— |
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(a) | the period for which they are to hold office; |
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(b) | their eligibility for re-appointment; |
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(c) | remuneration and allowances; |
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(d) | circumstances in which their membership is to be suspended or |
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(3) | The Secretary of State may make payments to any person who is or has been |
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chairman or a non-executive member of the Agency of such— |
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| as he thinks appropriate. |
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(4) | But the Secretary of State must not act under this paragraph unless he first |
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consults each of the devolved authorities. |
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9 (1) | The Agency must determine the conditions of service of and the |
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remuneration and allowances payable to the executive members (including |
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the chief executive) of the Agency. |
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(2) | The chief executive must not take part in a discussion or decision in |
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pursuance of sub-paragraph (1) which relates to— |
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(a) | his own conditions of service; |
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(b) | the remuneration and allowances payable to him. |
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|
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|
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(3) | An executive member must not take part in a discussion or decision in |
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pursuance of sub-paragraph (1) which relates to— |
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(a) | his own conditions of service; |
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(b) | the remuneration and allowances payable to him. |
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(4) | If the chief executive or an executive member is a person seconded to the |
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Agency his conditions of service and the remuneration and allowances |
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payable to him must be determined by agreement between his employer |
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Disqualification for appointment |
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10 (1) | The Secretary of State may by regulations make provision as to the |
| 10 |
circumstances in which a person is disqualified for being the chairman or a |
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non-executive member of the Agency. |
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(2) | But the Secretary of State must not act under this paragraph unless he first |
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consults each of the devolved authorities. |
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11 (1) | The Agency may appoint such committees and sub-committees as it thinks |
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(2) | A committee or sub-committee may include or consist of persons who are |
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not members of the Agency. |
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(3) | The Agency may delegate to a committee or sub-committee such of its |
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functions as it thinks fit. |
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(4) | The Agency may make arrangements for the payment of such remuneration |
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and allowances as it thinks fit to any person who is a member of a committee |
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or sub-committee (whether or not he is also a member of the Agency). |
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(5) | This paragraph is subject to anything contained in a direction given by the |
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(6) | But the Secretary of State must not act under sub-paragraph (5) unless he |
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first consults each of the devolved authorities. |
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12 (1) | The Agency may make such arrangements as it thinks fit with any other |
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person for the discharge by that person of such of the functions of the |
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Agency as are specified in the arrangements. |
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(2) | The arrangements may include such provision as the Agency thinks fit for |
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the remuneration of such a person. |
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13 (1) | The Agency may make such provision as it thinks fit to regulate its own |
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(2) | This paragraph is subject to anything contained in a direction given by the |
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(3) | But the Secretary of State must not give a direction to which sub-paragraph |
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(2) applies unless he first consults each of the devolved authorities. |
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14 | On any occasion when both the chairman and deputy chairman are, for any |
| 40 |
reason, unable to perform the duties of chairman the other members of the |
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Agency may appoint one of the non-executive members to act in place of the |
| |
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|
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|
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15 | The Public Bodies (Admission to Meetings) Act 1960 (c. 67) applies to the |
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16 | The validity of any proceedings of the Agency is not affected by— |
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(a) | any defect in the appointment of the chairman or a member of the |
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(b) | any vacancy in the office of chairman or in the membership of the |
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| |
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17 (1) | The Agency may appoint such staff and on such conditions of service as it |
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(2) | A period of secondment on the staff of the Agency does not affect the |
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continuity of a person’s employment with the employer from whose service |
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18 | A scheme maintained by the Atomic Energy Authority under paragraph 7(2) |
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of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32) (pensions and |
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pension schemes for officers and employees of the Authority) may apply to |
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such of the Agency’s employees as the Agency determines. |
| |
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19 (1) | The Secretary of State may pay to the Agency out of money provided by |
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Parliament such sums as he thinks appropriate. |
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(2) | But in deciding any amount to be paid under sub-paragraph (1) the |
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Secretary of State must take account of— |
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(a) | sums paid to the Agency by the Scottish Ministers under sub- |
| |
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(b) | sums paid to the Agency by the Department of Health, Social |
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Services and Public Safety in Northern Ireland under sub-paragraph |
| |
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(c) | sums paid to the Agency by the National Assembly for Wales under |
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(d) | any income received by the Agency from any other source. |
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(3) | The Scottish Ministers may pay to the Agency such sums as they think |
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(4) | The Department of Health, Social Services and Public Safety in Northern |
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Ireland may pay to the Agency such sums as the Department thinks |
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(5) | The National Assembly for Wales may pay to the Agency such sums as the |
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Assembly thinks appropriate. |
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(6) | A payment under this paragraph may be made at such time and subject to |
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such conditions as the person making the payment thinks appropriate. |
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20 (1) | The Secretary of State may make loans to the Agency out of money provided |
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(2) | A devolved authority may make loans to the Agency. |
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(3) | A loan may be made on such terms (including terms as to repayment and |
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interest) as the person making the loan decides. |
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|
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|
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21 | Sums received by the Agency under paragraph 19 or 20 must be applied by |
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it in accordance with any direction given by the person making the payment |
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or loan (as the case may be). |
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22 (1) | The Agency must keep accounts in such form as the Secretary of State |
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(2) | The Agency must prepare annual accounts in respect of each financial year |
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in such form as the Secretary of State decides. |
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(3) | Before the end of the specified period following each financial year to which |
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the annual accounts relate the Agency must send a copy of the annual |
| |
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(a) | the Secretary of State; |
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(b) | the Comptroller and Auditor General; |
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(c) | each of the devolved authorities. |
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(4) | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on the annual accounts; |
| 15 |
(b) | lay a copy of the accounts and of his report before each House of |
| |
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(c) | send a copy of his report to each of the devolved authorities. |
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(5) | The Scottish Ministers must lay a copy of the accounts and of the |
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Comptroller and Auditor General’s report before the Scottish Parliament. |
| 20 |
(6) | The Department of Health, Social Services and Public Safety in Northern |
| |
Ireland must lay a copy of the accounts and of the Comptroller and Auditor |
| |
General’s report before the Northern Ireland Assembly. |
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(7) | The specified period is such period as the Secretary of State directs. |
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(8) | The financial year is— |
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(a) | the period starting on the day the Agency is established and ending |
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(b) | each succeeding period of 12 months. |
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23 (1) | The Auditor General for Wales and the Auditor General for Scotland may |
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(a) | the Agency to give him access to the accounts at all reasonable times; |
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(b) | any person who has functions in relation to the accounts to provide |
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him with reasonable assistance in the exercise of his functions. |
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(2) | A requirement under this paragraph must not be made unless the person |
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proposing to make the requirement first consults the Comptroller and |
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24 (1) | The Agency must as soon as possible after the end of each financial year |
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prepare and send to the Secretary of State a report on the carrying out of its |
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functions during that year. |
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(2) | The Agency must provide the Secretary of State with such other reports and |
| |
information as he directs relating to the exercise of its functions. |
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(3) | The Secretary of State must lay before each House of Parliament a copy of |
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every report sent to him under sub-paragraph (1). |
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(4) | In this paragraph and in paragraphs 25 to 27 financial year has the same |
| 45 |
meaning as in paragraph 22. |
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|
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|
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25 (1) | The Agency must as soon as possible after the end of each financial year |
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prepare and send to the Scottish Ministers a report on the carrying out of |
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such functions as it has which are exercisable within devolved competence |
| |
(within the meaning of the Scotland Act 1998 (c. 46)) during that year. |
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(2) | The Agency must provide the Scottish Ministers with such other reports and |
| 5 |
information as they direct relating to the exercise of such functions as are so |
| |
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(3) | The Scottish Ministers must lay before the Scottish Parliament a copy of |
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every report sent to them under sub-paragraph (1). |
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26 (1) | The Agency must as soon as possible after the end of each financial year |
| 10 |
prepare and send to the Department of Health, Social Services and Public |
| |
Safety in Northern Ireland a report on the carrying out of such functions as |
| |
it has which relate to a transferred matter (within the meaning of section 4 of |
| |
the Northern Ireland Act 1998 (c. 47)). |
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(2) | The Agency must provide the Department with such other reports and |
| 15 |
information as the Department directs relating to the exercise of such |
| |
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(3) | The Department must lay before the Northern Ireland Assembly a copy of |
| |
every report sent to it under sub-paragraph (1). |
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27 (1) | The Agency must as soon as possible after the end of each financial year |
| 20 |
prepare and send to the National Assembly for Wales a report on the |
| |
carrying out of its functions in relation to Wales during that year. |
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(2) | The Agency must provide the Assembly with such other reports and |
| |
information as the Assembly directs relating to the exercise of its functions |
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28 (1) | The application of the Agency’s seal is authenticated by the signature of the |
| |
chairman or another member of the Agency. |
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(2) | A document purporting to be duly executed under the seal of the Agency or |
| |
to be signed on behalf of the Agency must be received in evidence and |
| 30 |
(except to the extent that the contrary is shown) taken to be duly so executed |
| |
| |
(3) | This paragraph does not apply in relation to Scotland. |
| |
| |
29 (1) | A power to make regulations under this Schedule must be exercised by |
| 35 |
statutory instrument subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(2) | Regulations may make different provision for different purposes. |
| |
| |
30 | Each of the following is a devolved authority— |
| 40 |
(a) | the Scottish Ministers; |
| |
(b) | the Department of Health, Social Services and Public Safety in |
| |
| |
(c) | the National Assembly for Wales. |
| |
|
| |
|