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Health Bill


Health Bill
Part 5 — Appointments Commission

51

 

Reports etc.

64      

Annual reports

(1)   

The Commission must prepare in respect of each financial year a report

relating to its performance of its functions during that year.

(2)   

The report must in particular—

5

(a)   

set out the practices adopted by the Commission during the year with

a view to ensuring equal opportunities,

(b)   

contain information about complaints made to the Commission during

the year, and about how complaints made to the Commission were

resolved during the year, and

10

(c)   

deal with any such other matters as the Secretary of State may direct.

(3)   

The Commission must—

(a)   

send the Secretary of State and the National Assembly for Wales copies

of the report as soon as possible after the end of the year, and

(b)   

publish the report in such manner as the Commission considers

15

appropriate.

(4)   

The Secretary of State must lay before each House of Parliament a copy of

every report sent to him under subsection (3).

65      

Other reports and information

(1)   

If requested to do so by—

20

(a)   

the Secretary of State,

(b)   

the Privy Council,

(c)   

a government department, or

(d)   

the Commissioner for Public Appointments,

   

the Commission must provide him or it with such a report or information

25

relating to any aspect of the Commission’s performance of its functions as is

specified in the request.

(2)   

If requested to do so by the National Assembly for Wales, the Commission

must provide it with such a report or information relating to any aspect of the

Commission’s performance of its functions under section 58 as is specified in

30

the request.

(3)   

If requested to do so by a body to which this subsection applies, the

Commission must provide the body with such a report or information relating

to the Commission’s performance of its functions in relation to the body as is

specified in the request.

35

(4)   

Subsection (3) applies to any body in relation to which—

(a)   

functions are exercisable by the Commission by virtue of a direction

under section 55, 57 or 58, or

(b)   

arrangements are in force under section 60.

 
 

Health Bill
Part 5 — Appointments Commission

52

 

Miscellaneous and supplementary

66      

Transfer of staff and property etc.

Schedule 7 makes provision in relation to the transfer to the Appointments

Commission of staff, property, rights and liabilities of the National Health

Service Appointments Commission.

5

67      

Directions

(1)   

Any direction given by the Secretary of State, the Privy Council or the National

Assembly for Wales under this Part—

(a)   

must be given in writing, and

(b)   

may be varied or revoked by a subsequent such direction.

10

(2)   

Where a function of the Secretary of State, the Privy Council or the Assembly

is exercisable by the Commission by virtue of a direction under this Part, the

direction does not preclude the Secretary of State, the Privy Council or the

Assembly (as the case may be) from exercising the function.

(3)   

Section 126(4) of the 1977 Act (supplementary provisions about subordinate

15

legislation) applies in relation to any power to give directions under this Part

as it applies in relation to the powers mentioned in that subsection.

68      

Interpretation

(1)   

In this Part—

“applicable body” is to be read in accordance with subsections (4) and (5);

20

“appointment” is to be read in accordance with subsections (2) and (3);

“the Commission” means the Appointments Commission;

“devolved authority” is to be read in accordance with subsection (7);

“financial year”, in relation to the Commission, means—

(a)   

the period starting on the day the Commission is established

25

and ending with the next 31st March, or

(b)   

any succeeding period of 12 months;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

“the National Health Service Appointments Commission” means the

30

Special Health Authority known by that name;

“NHS bodies” means bodies within section 55(2)(a);

“NHS trust” has the same meaning as in the 1977 Act;

“non-executive members” is to be read in accordance with subsection (6);

“prescribed” means prescribed by regulations;

35

“regulations” means regulations made by the Secretary of State.

(2)   

In this Part “appointment” includes—

(a)   

any process involving an appointment (whether described as re-

appointment or replacement or otherwise) including a temporary

appointment; and

40

(b)   

nomination for appointment;

and also includes removal or suspension from office.

 
 

Health Bill
Part 6 — Miscellaneous

53

 

(3)   

References in this Part to functions relating to the appointment of a person

include functions relating to a person’s tenure of office.

(4)   

In this Part “applicable body” means—

(a)   

any body in relation to which a direction may be given under section

55, 57 or 58, and

5

(b)   

(except in section 62(2)(a) and (b)) any NHS foundation trust and any

body which falls within subsection (5).

(5)   

A body falls within this subsection if arrangements providing for the

Commission to assist in the exercise of any power relating to appointment of

the body’s chairman, or any non-executive member of the body, may be

10

entered into under section 60(4).

(6)   

In this Part “non-executive members”—

(a)   

in relation to a body whose members are known as directors, means

non-executive directors, and

(b)   

in relation to a body in the case of which no distinction is made between

15

executive and non-executive members, means members of the body

(apart from the chairman).

(7)   

Each of the following is a “devolved authority” for the purposes of this Part—

(a)   

the Scottish Ministers,

(b)   

the National Assembly for Wales, and

20

(c)   

any Northern Ireland department.

Part 6

Miscellaneous

Social care bursary

69      

Exercise by Special Health Authority of social care training functions

25

After section 67 of the Care Standards Act 2000 (c. 14) insert—

“67A    

Exercise by Special Health Authority of functions under s. 67(4)(a)

(1)   

The Secretary of State may direct a Special Health Authority to exercise

such of his functions under section 67(4)(a) as may be specified in the

directions.

30

(2)   

If the Secretary of State gives a direction under subsection (1), the

National Health Service Act 1977 shall have effect as if—

(a)   

the direction were a direction of the Secretary of State under

section 16D of that Act, and

(b)   

the functions were exercisable by the Special Health Authority

35

under section 16D.

(3)   

Directions under subsection (1)—

(a)   

shall be given by an instrument in writing, and

(b)   

may be varied or revoked by subsequent directions.”

 
 

Health Bill
Part 6 — Miscellaneous

54

 

NHS costs recovery

70      

NHS costs recovery

In section 153 of the 2003 Act (information contained in certificates relating to

recovery of NHS charges in cases of injury requiring NHS services), for

subsection (9) substitute—

5

“(9)   

For the purposes of subsection (10), a claim made by or on behalf of an

injured person is a qualifying claim if—

(a)   

it does not fall within subsection (3) or within any other

description of claim specified in regulations, and

(b)   

it is settled, and the damages payable under the settlement are

10

to be reduced to reflect the injured person’s share in the

responsibility for the injury in question.”

Transfer of criminal liability

71      

Transfer of criminal liabilities of certain NHS bodies

(1)   

In section 8 of the 1977 Act (Strategic Health Authorities and Health

15

Authorities) at the end add—

“(9)   

The liabilities which may be transferred by virtue of this section and

section 126(4) below to a relevant transferee on the abolition of a

Strategic Health Authority include criminal liabilities.

(10)   

In subsection (9) above “relevant transferee” means—

20

(a)   

a Special Health Authority,

(b)   

a Primary Care Trust,

(c)   

an NHS trust,

(d)   

an NHS foundation trust, or

(e)   

another Strategic Health Authority.”

25

(2)   

In section 11 of that Act (Special Health Authorities)—

(a)   

after subsection (4) insert—

“(4A)   

The liabilities which may be transferred by virtue of this section

and section 126(3) and (4) below to a relevant transferee on the

abolition of a Special Health Authority include criminal

30

liabilities.

(4B)   

In subsection (4A) above “relevant transferee” means—

(a)   

a Strategic Health Authority,

(b)   

a Primary Care Trust,

(c)   

a Local Health Board,

35

(d)   

an NHS trust,

(e)   

an NHS foundation trust, or

(f)   

another Special Health Authority.”, and

(b)   

in subsection (5) after “an order” insert “as is mentioned in subsection

(4) above”.

40

(3)   

In paragraph 20 of Schedule 5A to that Act (transfer of property, rights and

liabilities on dissolution of Primary Care Trust) after sub-paragraph (1)

 
 

Health Bill
Part 7 — Final provisions

55

 

insert—

   “(1A)  

The liabilities which may be transferred by virtue of sub-paragraph

(1) above to a Strategic Health Authority, a Special Health Authority,

an NHS trust, an NHS foundation trust or another Primary Care

Trust include criminal liabilities.”

5

(4)   

In paragraph 19 of Schedule 5B to that Act (transfer of property, rights and

liabilities on dissolution of Local Health Board) after sub-paragraph (1)

insert—

   “(1A)  

The liabilities which may be transferred by virtue of sub-paragraph

(1) above to another Local Health Board include criminal liabilities.”

10

(5)   

In paragraph 30 of Schedule 2 to the National Health Service and Community

Care Act 1990 (c. 19) (transfer of property, rights and liabilities on dissolution

of NHS trust) after sub-paragraph (1) insert—

   “(1A)  

The liabilities which may be transferred by virtue of sub-paragraph

(1) above to any of the bodies mentioned in paragraphs (aa) to (c) of

15

that sub-paragraph include criminal liabilities.”

(6)   

In section 25 of the 2003 Act (dissolution of NHS foundation trusts) after

subsection (3) insert—

“(3A)   

The liabilities which may be transferred by virtue of subsection (3) to

any of the bodies mentioned in paragraphs (a) to (c) of that subsection

20

include criminal liabilities.”

(7)   

In section 28 of that Act (supplementary provision about mergers) after

subsection (3) insert—

“(3A)   

In section 27(1) and (2), and subsections (1) and (2) above, “liabilities”

includes criminal liabilities; and an order under subsection (3) above

25

may transfer any remaining criminal liabilities to any of the bodies

mentioned in section 25(3)(a) to (c).”

Part 7

Final provisions

72      

Offences by bodies corporate etc.

30

(1)   

If an offence committed by a body corporate is proved—

(a)   

to have been committed with the consent or connivance of an officer, or

(b)   

to be attributable to any neglect on his part,

   

the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

35

(2)   

In subsection (1) “officer”, in relation to the body corporate, means a director,

manager, secretary or other similar officer of the body, or a person purporting

to act in any such capacity.

(3)   

If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with his

40

functions of management as if he were a director of the body corporate.

(4)   

If an offence committed by a partnership is proved—

 
 

Health Bill
Part 7 — Final provisions

56

 

(a)   

to have been committed with the consent or connivance of a partner, or

(b)   

to be attributable to any neglect on his part,

   

the partner as well as the partnership is guilty of the offence and liable to be

proceeded against and punished accordingly.

(5)   

In subsection (4) “partner” includes a person purporting to act as a partner.

5

(6)   

If an offence committed by an unincorporated association (other than a

partnership) is proved—

(a)   

to have been committed with the consent or connivance of an officer of

the association or a member of its governing body, or

(b)   

to be attributable to any neglect on the part of such an officer or

10

member,

   

the officer or member as well as the association is guilty of the offence and

liable to be proceeded against and punished accordingly.

(7)   

In this section and section 73 “offence” means an offence under any provision

of this Act.

15

73      

Offences committed by partnerships and other unincorporated associations

(1)   

Proceedings for an offence alleged to have been committed by a partnership

shall be brought in the name of the partnership (and not in that of any of the

partners).

(2)   

Proceedings for an offence alleged to have been committed by an

20

unincorporated association (other than a partnership) shall be brought in the

name of the association (and not in that of any of its members).

(3)   

Rules of court relating to the service of documents shall have effect as if the

partnership or unincorporated association were a body corporate.

(4)   

In proceedings for an offence brought against a partnership or an

25

unincorporated association, the following provisions apply as they apply in

relation to a body corporate—

(a)   

section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the

Magistrates’ Courts Act 1980 (c. 43);

(b)   

sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995

30

(c. 46);

(c)   

section 18 of the Criminal Justice Act (Northern Ireland) 1945

(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern

Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5)   

A fine imposed on a partnership on its conviction for an offence is to be paid

35

out of the partnership assets.

(6)   

A fine imposed on an unincorporated association on its conviction for an

offence is to be paid out of the funds of the association.

(7)   

Subsections (1) and (2) are not to be read as prejudicing any liability of a

partner, officer or member under section 72(4) or (6).

40

74      

Penalties for offences: transitional modification for England and Wales

(1)   

This section contains transitional modifications in respect of penalties for

certain offences committed in England and Wales.

 
 

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Part 7 — Final provisions

57

 

(2)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ courts

power to impose imprisonment), the references in sections 19(2)(b) and

49(5)(b) of this Act to periods of imprisonment of 12 months are to be read as

references to periods of imprisonment of 6 months.

5

(3)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (alteration of penalties for summary offences),

the references in sections 49(2)(a) and 50(2)(b) of this Act to periods of

imprisonment of 51 weeks are to be read as references to periods of

imprisonment of 3 months.

10

75      

Orders and regulations

(1)   

Subject to subsection (2), any power to make an order or regulations under this

Act is exercisable by statutory instrument.

(2)   

Any power of the Department of Health, Social Services and Public Safety to

make an order or regulations under this Act is exercisable by statutory rule for

15

the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/

1573 (N.I. 12).

(3)   

Any power to make an order or regulations under this Act—

(a)   

may be exercised so as to make different provision for different cases or

descriptions of case or different purposes or areas, and

20

(b)   

includes power to make such incidental, supplementary,

consequential, transitory, transitional or saving provision as the

authority making the order or regulations considers appropriate.

(4)   

No statutory instrument containing—

(a)   

regulations under section 3, 4, 6(8), 7(5) or 9(6),

25

(b)   

regulations under section 16 which amend or repeal any provision of

an Act or an Act of the Scottish Parliament,

(c)   

an order under section 42(7),

(d)   

an order under section 76(3) which amends or repeals any provision of

an Act or an Act of the Scottish Parliament, or

30

(e)   

regulations under paragraph 5 or 8 of Schedule 1,

   

may be made by the Secretary of State unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of Parliament.

(5)   

Otherwise, a statutory instrument containing any order or regulations made by

the Secretary of State under this Act (other than an order under section 79) is to

35

be subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)   

A statutory rule containing regulations made by the Department of Health,

Social Services and Public Safety under section 16 which amend or repeal any

provision of an Act is to be subject to affirmative resolution within the meaning

40

of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(7)   

Otherwise, a statutory rule containing regulations made by the Department of

Health, Social Services and Public Safety under Chapter 1 of Part 3 is to be

subject to negative resolution within the meaning of section 41(6) of the

Interpretation Act (Northern Ireland) 1954.

45

 
 

 
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