Health Bill

House of Commons

Session 2005 - 06
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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).
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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.

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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.

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Part 6 — Miscellaneous
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(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.”

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Part 6 — Miscellaneous
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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)

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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—

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Part 7 — Final provisions
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(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
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(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