|
| |
|
| |
| |
New Schedule 12B to 1977 Act |
| |
| |
| |
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 |
| |
| |
(c) | any Primary Care Trust; |
| 10 |
(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 |
| |
| 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 |
| 20 |
| |
(2) | For the purposes of this Schedule a cross-border SHA is a Special Health |
| |
| |
(a) | performs functions only or mainly in respect of England, nor |
| |
(b) | performs functions only or mainly in respect of Wales. |
| 25 |
| |
2 | The following are Welsh NHS bodies for the purposes of this Schedule— |
| |
(a) | any Special Health Authority performing functions only or mainly in |
| |
| |
(b) | any Local Health Board; |
| 30 |
(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 |
| |
| |
(e) | any special trustees appointed as mentioned in paragraph 1(1)(f) for |
| 35 |
a trust all or most of whose hospitals, establishments and facilities |
| |
| |
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). |
| |
|
| |
|
| |
|
(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). |
| 10 |
(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 |
| |
| |
| 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 |
| 35 |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
(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). |
| 15 |
(3) | The summarised accounts must be prepared in such form as the Treasury |
| |
| |
(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. |
| 20 |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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.” |
| |
| |
| |
The Appointments Commission: supplementary |
| |
| |
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 |
| |
(b) | the prescribed number of non-executive members, |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
| |
(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. |
| |
| |
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). |
| |
| |
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 |
| |
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 |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
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) |
| |
| |
(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 |
| |
| |
(a) | his conditions of service, and |
| |
(b) | remuneration or allowances payable to him, |
| 30 |
| must be determined by agreement between his employer and the |
| |
| |
| |
9 (1) | The Commission may appoint such committees and sub-committees as it |
| |
| 35 |
(2) | A committee or sub-committee may consist of or include persons who are |
| |
not members of the Commission. |
| |
| |
(a) | may delegate to a committee or sub-committee such of its functions |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
| |
(4) | The persons so appointed are to be known as “health and social care |
| |
| |
(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 |
| |
| |
(b) | their eligibility for re-appointment as such commissioners; |
| 25 |
(c) | remuneration and allowances payable to them as such |
| |
| |
(d) | circumstances in which they may be suspended or removed from |
| |
office as such commissioners. |
| |
| 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- |
| |
| |
(2) | Sub-paragraph (1) has effect subject to any directions given by the Secretary |
| 35 |
| |
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 |
| |
| 40 |
13 | The validity of any proceedings of the Commission, or any of its committees |
| |
or sub-committees, is not affected by— |
| |
|
| |
|