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Health Bill
Schedule 3 — New Schedule 12B to 1977 Act

65

 

Schedule 3

Section 53

 

New Schedule 12B to 1977 Act

“SCHEDULE 12B

ACCOUNTS AND AUDIT

English and cross-border NHS bodies

5

1     (1)  

The following are English NHS bodies for the purposes of this Schedule—

(a)   

any Strategic Health Authority;

(b)   

any Special Health Authority performing functions only or mainly in

respect of England;

(c)   

any Primary Care Trust;

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(d)   

any NHS trust all or most of whose hospitals, establishments and

facilities are situated in England;

(e)   

any trustees for such an NHS trust appointed in pursuance of section

11 of the National Health Service and Community Care Act 1990

(c. 19);

15

(f)   

any special trustees appointed, in pursuance of section 29(1) of the

National Health Service Reorganisation Act 1973 (c. 32) and section

95(1) of this Act, for a trust all or most of whose hospitals,

establishments and facilities are situated in England;

(g)   

any trustees for a Primary Care Trust appointed in pursuance of

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section 96B of this Act.

      (2)  

For the purposes of this Schedule a cross-border SHA is a Special Health

Authority which neither—

(a)   

performs functions only or mainly in respect of England, nor

(b)   

performs functions only or mainly in respect of Wales.

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Welsh NHS bodies

2          

The following are Welsh NHS bodies for the purposes of this Schedule—

(a)   

any Special Health Authority performing functions only or mainly in

respect of Wales;

(b)   

any Local Health Board;

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(c)   

any NHS trust all or most of whose hospitals, establishments and

facilities are situated in Wales;

(d)   

any trustees for such an NHS trust appointed as mentioned in

paragraph 1(1)(e);

(e)   

any special trustees appointed as mentioned in paragraph 1(1)(f) for

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a trust all or most of whose hospitals, establishments and facilities

are situated in Wales.

Accounts to be kept by NHS bodies

3     (1)  

Each English NHS body or cross-border SHA must keep accounts in such

form as the Secretary of State may direct with the approval of the Treasury.

40

           

This is subject to the exception in paragraph 10(2).

 

 

Health Bill
Schedule 3 — New Schedule 12B to 1977 Act

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      (2)  

Each Welsh NHS body must keep accounts in such form as the Assembly

may direct with the approval of the Treasury.

           

This is subject to the exception in paragraph 10(2).

Auditing of accounts of certain English NHS bodies

4     (1)  

This paragraph applies to any English NHS body that is not a Special Health

5

Authority (as to which, see paragraph 7).

           

But it so applies subject to the exception in paragraph 10(2).

      (2)  

The accounts of any such body are to be audited in accordance with the

Audit Commission Act 1998 (c. 18) by an auditor or auditors appointed by

the Audit Commission (see section 2(1)(b) of that Act).

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      (3)  

The Comptroller and Auditor General may examine—

(a)   

any such accounts and any records relating to them, and

(b)   

any report on them by the auditor or auditors.

      (4)  

In this paragraph “the Audit Commission” means the Audit Commission for

Local Authorities and the National Health Service in England and Wales.

15

Preparation of annual accounts

5     (1)  

Each English NHS body or cross-border SHA must prepare in respect of

each financial year annual accounts in such form as the Secretary of State

may direct with the approval of the Treasury.

           

This is subject to the exception in paragraph 10(3).

20

      (2)  

Each Welsh NHS body must prepare in respect of each financial year annual

accounts in such form as the Assembly may direct with the approval of the

Treasury.

           

This is subject to the exception in paragraph 10(3).

Transmission of annual accounts

25

6     (1)  

Sub-paragraph (2) applies to any English NHS body or cross-border SHA.

      (2)  

Any annual accounts prepared by any such body under paragraph 5 must

be transmitted by the body to the Secretary of State by the specified date.

           

The “specified date”, in relation to a financial year, means such date as the

Secretary of State may direct in relation to that year.

30

      (3)  

If the body is a Special Health Authority, it must send a copy of the annual

accounts to the Comptroller and Auditor General as soon as is reasonably

practicable following the end of the financial year in question.

      (4)  

If the body is a Primary Care Trust, it must send a copy of the annual

accounts to the Strategic Health Authority within whose area the Trust’s

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area falls.

      (5)  

Section 61(1) of the Public Audit (Wales) Act 2004 (c. 23) (audit of Welsh

NHS bodies) makes provision for the annual accounts of Welsh NHS bodies

to be submitted to the Auditor General for Wales in order for them to be

examined by him.

40

 

 

Health Bill
Schedule 3 — New Schedule 12B to 1977 Act

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Auditing of certain Special Health Authority accounts by Comptroller and Auditor General

7     (1)  

This paragraph applies where a Special Health Authority that is an English

NHS body or cross-border SHA sends a copy of its annual accounts to the

Comptroller and Auditor General under paragraph 6(3).

      (2)  

The Comptroller and Auditor General must examine, certify and report on

5

the accounts.

      (3)  

The Authority must lay before both Houses of Parliament—

(a)   

a copy of the accounts, and

(b)   

the Comptroller and Auditor General’s report on them.

Summarised accounts of English NHS bodies other than Special Health Authorities

10

8     (1)  

This paragraph applies in relation to English NHS bodies that are not Special

Health Authorities.

      (2)  

The Secretary of State must prepare summarised accounts relating to such

bodies in respect of each financial year.

           

This is subject to the exceptions in paragraphs 10(3) and 11(2).

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      (3)  

The summarised accounts must be prepared in such form as the Treasury

may direct.

      (4)  

The Secretary of State must transmit the summarised accounts to the

Comptroller and Auditor General not later than the end of the month of

November following the financial year to which they relate.

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      (5)  

The Comptroller and Auditor General must —

(a)   

examine and certify the summarised accounts, and

(b)   

lay copies of them and his report on them before both Houses of

Parliament.

      (6)  

This paragraph has effect subject to any provision made under section 14(1)

25

of the Government Resources and Accounts Act 2000 (power to disapply

this paragraph in relation to specified bodies and years).

Summarised accounts of Welsh NHS bodies

9     (1)  

This paragraph applies in relation to Welsh NHS bodies that are not Special

Health Authorities.

30

      (2)  

The Assembly must prepare summarised accounts relating to such bodies in

respect of each financial year.

           

This is subject to the exceptions in paragraphs 10(3) and 11(2).

      (3)  

The summarised accounts must be prepared in such form as the Treasury

may direct.

35

      (4)  

The Assembly must transmit the summarised accounts to the Auditor

General for Wales not later than the end of the month of November

following the financial year to which they relate.

      (5)  

The Auditor General for Wales must —

(a)   

examine and certify the summarised accounts, and

40

(b)   

lay copies of them and his report on them before the Assembly.

 

 

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Schedule 4 — The Appointments Commission: supplementary

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      (6)  

This paragraph has effect subject to any provision made under section 14(1)

of the Government Resources and Accounts Act 2000 (power to disapply

this paragraph in relation to specified bodies and years).

Exceptions for accounts of charitable trusts

10    (1)  

For the purposes of this paragraph a “relevant charitable trust”, in relation

5

to an NHS body, means a charitable trust whose trustee or trustees is or are

that body.

      (2)  

Nothing in paragraph 3 or 4, so far as it applies to an NHS body of any

description, has effect in relation to accounts relating to a relevant charitable

trust.

10

      (3)  

Nothing in paragraph 5, 8 or 9, so far as it relates to an NHS body of any

description, requires any annual or summarised accounts prepared by or in

relation to the body to include matters relating to a relevant charitable trust.

      (4)  

In this paragraph “NHS body” means a body which is an English NHS body,

a Welsh NHS body or a cross-border SHA.

15

Exceptions for accounts of non-charitable trusts

11    (1)  

For the purposes of this paragraph a “relevant non-charitable trust”, in

relation to an NHS body, means a trust which is not a charitable trust and

whose trustee or trustees is or are that body.

      (2)  

Nothing in paragraph 8 or 9, so far as it relates to an NHS body of any

20

description, requires any summarised accounts prepared in relation to the

body to include matters relating to a relevant non-charitable trust.

      (3)  

In this paragraph “NHS body” means a body which is an English NHS body,

a Welsh NHS body or a cross-border SHA.

Meaning of “the Assembly”

25

12         

In this Schedule “the Assembly” means the National Assembly for Wales.”

Schedule 4

Section 54

 

The Appointments Commission: supplementary

Status

1     (1)  

The Commission is not to be regarded as the servant or agent of the Crown

30

or as enjoying any status, immunity or privilege of the Crown.

      (2)  

The Commission’s property is not to be regarded as property of, or property

held on behalf of, the Crown.

The Board of the Commission

2          

The Commission is to consist of the following members—

35

(a)   

the chairman,

(b)   

the prescribed number of non-executive members,

 

 

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Schedule 4 — The Appointments Commission: supplementary

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(c)   

the chief executive, and

(d)   

the prescribed number of executive members.

Chairman and non-executive members

3     (1)  

The chairman and non-executive members are to be appointed by the

Secretary of State.

5

      (2)  

Of the non-executive members at least one (but not more than four) must be

persons who are also appointed to be health and social care commissioners

under paragraph 10.

      (3)  

Regulations may—

(a)   

prescribe conditions which must be satisfied in relation to a person

10

before he is appointed as chairman or as a non-executive member;

(b)   

make provision as to the circumstances in which a person is

disqualified for being the chairman or a non-executive member.

Chief executive

4     (1)  

The chief executive is to be appointed by the chairman and the non-

15

executive members of the Commission.

      (2)  

The chief executive must be—

(a)   

an employee of the Commission, or

(b)   

a person seconded to the staff of the Commission.

      (3)  

Anything authorised or required to be done by the chief executive may be

20

done by any other member of the Commission’s staff who is authorised for

the purpose by the chief executive (whether generally or specially).

The executive members

5     (1)  

The executive members are to be appointed by the chairman and the non-

executive members of the Commission.

25

      (2)  

The executive members must be—

(a)   

employees of the Commission, or

(b)   

persons seconded to the staff of the Commission.

      (3)  

A person may not be appointed as an executive member unless he is

recommended for appointment by the chief executive.

30

The vice-chairman

6          

The members of the Commission may appoint one of the non-executive

members to be vice-chairman for such period (not exceeding the remainder

of his period of office as member) as they specify on making the

appointment.

35

Terms of appointment: chairman and non-executive members

7     (1)  

Regulations may make provision as to the terms on which the chairman and

non-executive members of the Commission are to be appointed.

      (2)  

The regulations may in particular make provision as to—

 

 

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Schedule 4 — The Appointments Commission: supplementary

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(a)   

the period for which they are to hold office;

(b)   

their eligibility for re-appointment;

(c)   

remuneration and allowances;

(d)   

circumstances in which their membership may be suspended or

terminated.

5

      (3)  

Sub-paragraph (4) applies if—

(a)   

a person ceases to hold office as chairman or a non-executive

member of the Commission, and

(b)   

the Secretary of State determines that there are special circumstances

that make it appropriate for that person to receive compensation.

10

      (4)  

The Secretary of State must

(a)   

pay to that person such compensation as the Secretary of State may

determine, or

(b)   

make provision for the payment to or in respect of that person of such

pension, allowances or gratuities by way of compensation as the Secretary

15

of State may determine.

Terms of appointment: chief executive and executive members

8     (1)  

The Commission must determine—

(a)   

the conditions of service of, and

(b)   

the remuneration and allowances payable to,

20

           

the chief executive and the executive members.

      (2)  

The chief executive or (as the case may be) an executive member must not

take part in a discussion or decision in pursuance of sub-paragraph (1)

which relates to—

(a)   

his own conditions of service, or

25

(b)   

remuneration or allowances payable to him.

      (3)  

If the chief executive or an executive member is a person seconded to the

Commission—

(a)   

his conditions of service, and

(b)   

remuneration or allowances payable to him,

30

           

must be determined by agreement between his employer and the

Commission.

Committees: general

9     (1)  

The Commission may appoint such committees and sub-committees as it

thinks appropriate.

35

      (2)  

A committee or sub-committee may consist of or include persons who are

not members of the Commission.

      (3)  

The Commission—

(a)   

may delegate to a committee or sub-committee such of its functions

as it thinks fit; and

40

(b)   

may, in particular, delegate to a committee the function of

appointing a sub-committee.

      (4)  

The Commission may make arrangements for the payment of such

remuneration and allowances as it thinks fit to any person who—

 

 

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Schedule 4 — The Appointments Commission: supplementary

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(a)   

is a member of a committee or sub-committee, but

(b)   

is not an employee of the Commission,

           

whether or not he is also a member of the Commission.

      (5)  

This paragraph is subject to paragraph 10 and to any directions given by the

Secretary of State.

5

The Health and Social Care Appointments Committee

10    (1)  

There is to be a committee of the Commission to be known as the Health and

Social Care Appointments Committee.

      (2)  

The Committee is to discharge on behalf of the Commission—

(a)   

the functions which are exercisable by it by virtue of directions under

10

section 55, 57 or 58, and

(b)   

such other functions as the Secretary of State may specify.

      (3)  

The Committee is to consist of—

(a)   

the chairman of the Commission,

(b)   

the chief executive, and

15

(c)   

not more than the prescribed number of persons appointed by the

Secretary of State.

      (4)  

The persons so appointed are to be known as “health and social care

commissioners”.

      (5)  

Regulations may make provision as to the terms on which the health and

20

social care commissioners are to be appointed.

      (6)  

The regulations may in particular make provision as to—

(a)   

the period for which they are to hold office as health and social care

commissioners;

(b)   

their eligibility for re-appointment as such commissioners;

25

(c)   

remuneration and allowances payable to them as such

commissioners;

(d)   

circumstances in which they may be suspended or removed from

office as such commissioners.

Proceedings

30

11    (1)  

The Commission may make such provision as it thinks fit to regulate—

(a)   

its own proceedings (including quorum), and

(b)   

the procedure (including quorum) of its committees and sub-

committees.

      (2)  

Sub-paragraph (1) has effect subject to any directions given by the Secretary

35

of State.

12         

On any occasion when both the chairman and the vice-chairman are, for any

reason, unable to perform the duties of chairman, the other members of the

Commission may appoint one of the non-executive members to act in the

place of the chairman.

40

13         

The validity of any proceedings of the Commission, or any of its committees

or sub-committees, is not affected by—

 

 

 
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