|
| |
|
| |
| |
(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. |
| |
| |
(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 |
| |
(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, |
| |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
(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. |
| |
| |
| |
“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 |
| |
| |
“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 |
| |
| 40 |
(b) | nomination for appointment; |
| |
and also includes removal or suspension from office. |
| |
|
| |
|
| |
|
(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 |
| |
| 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. |
| |
| |
| |
| |
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 |
| |
| 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 |
| |
(3) | Directions under subsection (1)— |
| |
(a) | shall be given by an instrument in writing, and |
| |
(b) | may be varied or revoked by subsequent directions.” |
| |
|
| |
|
| |
|
| |
| |
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, |
| |
| |
(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 |
| |
(4B) | In subsection (4A) above “relevant transferee” means— |
| |
(a) | a Strategic Health Authority, |
| |
(b) | a Primary Care Trust, |
| |
(c) | a Local Health Board, |
| 35 |
| |
(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 |
| |
| 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) |
| |
|
| |
|
| |
|
| |
“(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) |
| |
| |
“(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 |
| |
| |
“(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 |
| |
| |
“(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).” |
| |
| |
| |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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) | 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. |
| |
|
| |
|
| |
|
(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/ |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|