Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

Health Bill
Part 5 — Appointments Commission
47

(4)
The persons within this subsection are chairmen and non-executive members
of any other body (however established) which has functions relating to—
(a)
health,
(b)
social care, or
(c)
the regulation of professions associated with health or social care.
5
(5)
For the purposes of subsection (4) it is immaterial—
(a)
that a body has functions relating to matters other than those specified
in that subsection, or
(b)
that the body’s functions are not exercisable only in relation to England.
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Cases where appointment functions exercisable jointly etc.
10
(1)
This section applies if a function of the Secretary of State relating to the
appointment of any persons within section 55(2), (3) or (4) is exercisable by the
Secretary of State jointly or concurrently with—
(a)
a devolved authority, or
(b)
any other person who is not a Minister of the Crown.
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(2)
A requirement to exercise the function jointly or concurrently does not prevent
the Secretary of State from giving a direction under section 55 in respect of the
function, but he must not do so unless he first consults the devolved authority
or other person.
(3)
If the Secretary of State gives such a direction, so much of the functions of the
20
Secretary of State and the devolved authority or other person as is specified in
the direction is exercisable by the Commission acting alone.
(4)
Subsections (2) and (3) do not apply if the function is exercisable jointly or
concurrently with the Scottish Ministers, but the Secretary of State may
nevertheless give a direction under section 55 in respect of the exercise of any
25
function that he has.
57
Commission to exercise Privy Council’s appointment functions
(1)
The Commission is to exercise so much of any function of the Privy Council
relating to the appointment of members to any of the regulatory bodies listed
in Schedule 6 as may be specified in a direction given by the Privy Council.
30
(2)
The Commission is to exercise so much of any function of the Privy Council
relating to the appointment of members to the Council of the Royal
Pharmaceutical Society of Great Britain as may be specified in a direction given
by the Privy Council.
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Commission to exercise Assembly’s appointment functions
35
The Commission is to exercise so much of any function of the National
Assembly for Wales relating to the appointment of members to the
Commission for Healthcare Audit and Inspection or the Health Protection
Agency as may be specified in a direction given by the Assembly.
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Exercise of appointments functions
40
(1)
This section applies where any function is exercisable by the Commission in
relation to an appointment by virtue of a direction under section 55, 57 or 58.

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Part 5 — Appointments Commission
48

(2)
Subject to the following provisions of this section, the function is exercisable by
the Commission in relation to the appointment in such manner as it thinks fit,
having regard to the provisions of any enactment or instrument relating to the
making of the appointment (as they have effect in accordance with subsection
(3)).
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(3)
References in any such provisions to things done, or falling to be done, by or in
relation to the Secretary of State, the Privy Council or the National Assembly
for Wales have effect, so far as necessary in connection with the function being
exercisable by the Commission, as references to things done, or falling to be
done, by or in relation to the Commission.
10
(4)
The direction mentioned in subsection (1) may contain provisions relating to
the manner in which the function is to be exercised.
(5)
Those provisions may, in particular, include provisions relating to—
(a)
matters to which the Commission is to have regard,
(b)
any criteria to be used, or
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(c)
the procedure to be followed,

in relation to making appointments in exercise of the function.
(6)
The Commission must take into account any guidance which—
(a)
is issued by the Commissioner for Public Appointments or any
government department, and
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(b)
relates to the making of appointments to public bodies.
Other functions
60
Commission to assist other bodies with appointments
(1)
The Commission may enter into arrangements under subsection (2) with the
board of governors of an NHS foundation trust.
25
(2)
Arrangements under this subsection are arrangements providing for the
Commission to assist the board in connection with the exercise of their powers
relating to—
(a)
the appointment of the chairman and non-executive directors under
paragraph 17 of Schedule 1 to the 2003 Act; or
30
(b)
the appointment of the initial chairman and the initial non-executive
directors in accordance with paragraph 19 of that Schedule.
(3)
The Commission may enter into arrangements under subsection (4) with—
(a)
any Minister of the Crown exercising functions in relation to England,
or
35
(b)
any officer acting on behalf of such a Minister.
(4)
Arrangements under this subsection are arrangements providing for the
Commission to assist the Minister or officer in connection with the exercise by
him of any power relating to—
(a)
the appointment of the chairman of any body specified in the
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arrangements, or
(b)
the appointment of non-executive members of such a body.
(5)
For the purposes of subsections (3) and (4) it is immaterial that the body’s
functions are not exercisable only in relation to England.

Health Bill
Part 5 — Appointments Commission
49

(6)
But arrangements may not be entered into under subsection (4) in relation to
any powers that are exercisable by a Minister of the Crown jointly or
concurrently with, or after consultation with—
(a)
a devolved authority, or
(b)
any other person who is not a Minister of the Crown.
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(7)
In this section—
(a)
“arrangements” means arrangements, whether contractual or
otherwise;
(b)
references to assistance in connection with the exercise of any power of
appointment do not include the making of any appointment.
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Functions connected with appointments to bodies to which section 55 or 57
applies
(1)
The Commission may provide chairmen and non-executive members of
relevant bodies with general advice on matters relating to recruitment,
selection, appraisal, training or development and conditions of service
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(including remuneration).
(2)
The Commission may provide persons appointed by it to be chairmen and
non-executive members of relevant bodies with mentoring and other
assistance in relation to the exercise of their functions.
(3)
The Commission may provide chairmen, executive and non-executive
20
members of relevant bodies with training in connection with their respective
roles and responsibilities.
(4)
Arrangements under section 60(2) or (4) may provide for the Commission to
exercise functions corresponding to those in subsection (1), (2) or (3) above in
relation to the persons in connection with whose appointments the
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Commission provides assistance under the arrangements.
(5)
In this section “relevant body” means any body in relation to which a direction
is in force under section 55 or 57.
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Prescribed functions
(1)
Regulations may make provision for or in connection with conferring
30
functions on the Commission in relation to appointments to applicable bodies
and matters relating to such appointments.
(2)
The functions which may be so conferred include—
(a)
administering schemes relating to the payment, to chairmen and non-
executive members of applicable bodies, of remuneration and
35
allowances falling to be determined by the Secretary of State;
(b)
publishing or otherwise making available information as to the terms
and conditions applying to chairmen and non-executive members of
applicable bodies, including information as to such remuneration and
allowances;
40
(c)
assisting the Secretary of State in connection with the implementation
of decisions as to the payment of such remuneration to such persons;
(d)
advising the Secretary of State in connection with the payment of such
allowances to such persons;

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Part 5 — Appointments Commission
50

(e)
advising the Secretary of State generally on matters relating to
appointments to applicable bodies.
(3)
Nothing in subsection (2) is to be read as prejudicing the generality of
subsection (1).
Functions: supplementary
5
63
Exercise of functions
(1)
The Commission must exercise its functions—
(a)
efficiently and cost-effectively, and
(b)
in such a way as to ensure the maintenance of public confidence in the
making of appointments to public bodies.
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(2)
In connection with the exercise of its functions the Commission may—
(a)
engage in or commission research;
(b)
obtain and analyse data and other information;
(c)
make available to any body or person such persons, materials and
facilities as it may determine;
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(d)
provide information, advice and guidance, whether generally or to
such bodies or persons as it may determine.
(3)
The information, advice and guidance which may be provided as mentioned
in subsection (2)(d) includes—
(a)
information relating to appointments to applicable bodies, and
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(b)
advice and guidance on matters relating to appointments to applicable
bodies or the governance of such bodies.
(4)
The Commission may do anything which it thinks is—
(a)
appropriate for facilitating, or
(b)
incidental or conducive to,
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the exercise of its functions.
(5)
The power under subsection (4) includes power—
(a)
to enter into contracts;
(b)
to acquire, and dispose of, land and other property;
(c)
to form, or participate in the forming of, companies;
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(d)
to develop and make available for sale (otherwise than for profit)
material for use in connection with appointments to applicable bodies;
(e)
to provide accommodation.
(6)
The power under subsection (4) is not restricted by subsection (2), but—
(a)
so far as it relates to functions conferred on the Commission under
35
section 58, is exercisable subject to directions given by the National
Assembly for Wales;
(b)
so far as it relates to any other functions of the Commission, is
exercisable subject to directions given by the Secretary of State.