Health Bill

House of Commons

Session 2005 - 06
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Health Bill

Health Bill
Schedule 4 — The Appointments Commission: supplementary
72

(a)
any vacancy in the office of chairman or chief executive or in the
membership of the Commission or the committee or sub-committee,
or
(b)
any defect in the appointment of the chairman or the chief executive
or as member of the Commission or the committee or sub-committee.
5
14
The Public Bodies (Admission to Meetings) Act 1960 (c. 67) applies to
meetings of the Commission.
Staff
15    (1)
The Commission may appoint such persons to be employees of the
Commission as it thinks fit.
10
      (2)
The Commission may make arrangements for persons to be seconded to the
Commission to serve as members of its staff.
      (3)
A period of secondment on the staff of the Commission does not affect the
continuity of a person’s employment with the employer from whose service
he is seconded.
15
      (4)
References in this Schedule to members of the Commission’s staff are to
persons who either are employees of the Commission or have been
seconded to it to serve as members of its staff.
16    (1)
Employees of the Commission are to be appointed on such terms and
conditions as the Commission determines.
20
      (2)
Without prejudice to its other powers, the Commission may pay, or make
provision for the payment of—
(a)
pensions, allowances or gratuities, or
(b)
compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.
25
17    (1)
The Commission may, to such extent as it determines, delegate any of its
functions to any members of its staff.
      (2)
Any committee of the Commission may, to such extent as the committee
determines, delegate any function conferred on it to any of its sub-
committees or any member of the Commission’s staff.
30
      (3)
This paragraph is subject to any directions given by the Secretary of State;
and sub-paragraph (2) does not apply in relation to decisions falling to be
made by the Health and Social Care Appointments Committee in relation to
particular appointments.
Financing of Commission
35
18    (1)
The Secretary of State may make—
(a)
such annual payments to the Commission as he thinks appropriate in
respect of the performance by it of functions to which sub-paragraph (2)
applies, and
(b)
such other payments to the Commission as he thinks appropriate in respect
40
of the performance by it of functions to which sub-paragraph (3) applies.
      (2)
This sub-paragraph applies to—

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Schedule 4 — The Appointments Commission: supplementary
73

(a)
any functions exercisable by virtue of a direction under section 55 in
relation to NHS bodies other than Special Health Authorities, and
(b)
such other of the Commission’s functions as may be prescribed.
      (3)
This sub-paragraph applies to any functions exercisable by virtue of a
direction under section 55 in relation to—
5
(a)
Special Health Authorities, or
(b)
bodies mentioned in section 55(3) or (4) or section 57.
      (4)
Before deciding the amount of any payment under this paragraph the
Secretary of State must take account of any income received by the
Commission from any other source.
10
      (5)
Payments under this paragraph may be made—
(a)
at such times, and
(b)
subject to such conditions (if any),

as the Secretary of State thinks appropriate.
19
The National Assembly for Wales may make such payments to the
15
Commission as the Assembly thinks appropriate in respect of the
performance by the Commission of functions exercisable by virtue of a
direction under section 58.
20    (1)
The Secretary of State may make loans to the Commission.
      (2)
A loan under this paragraph may be made on such terms as the Secretary of
20
State thinks appropriate.
21    (1)
The Commission may charge for providing—
(a)
any services under arrangements under section 60(2) or (4),
(b)
any services under section 61(1) to (3), or
(c)
such other services as may be prescribed.
25
      (2)
The amount of any charge is to be fixed in such a way as the Commission
considers appropriate for recovering the costs incurred by it in, or in
connection with, providing the services in question.
Accounts
22    (1)
The Commission must keep accounts in such form as the Secretary of State
30
directs.
      (2)
The Commission must prepare annual reports in respect of each financial
year in such form as the Secretary of State directs.
      (3)
Before the end of the specified period following each financial year the
Commission must send a copy of the annual accounts for that year—
35
(a)
to the Secretary of State, and
(b)
to the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
lay a copy of his report before each House of Parliament.
40
      (5)
The “specified period” is such period as the Secretary of State directs.

Health Bill
Schedule 6 — The Appointments Commission: list of regulatory bodies
74

Authentication of seal
23    (1)
The application of the Commission’s seal must be authenticated by the
signature of the chairman or another member of the Commission or any
other person authorised by the Commission for the purpose.
      (2)
A document purporting to be duly executed under the seal of the
5
Commission or to be signed on behalf of the Commission is to be—
(a)
received in evidence, and
(b)
unless the contrary is proved, taken to be so executed or signed.
      (3)
This paragraph does not apply in relation to Scotland.
Schedule 5
10
Section 55

The Appointments Commission: list of statutory bodies
List of statutory bodies referred to in section 55(3)
The Commission for Healthcare Audit and Inspection.
The Commission for Patient and Public Involvement in Health.
The Commission for Social Care Inspection.
15
The Council for the Regulation of Health Care Professionals.
The General Social Care Council.
The Health Protection Agency.
The Human Fertilisation and Embryology Authority.
The Human Tissue Authority.
20
The National Biological Standards Board.
The Independent Regulator of NHS Foundation Trusts.
The Postgraduate Medical Education and Training Board.
Schedule 6
Section 57

The Appointments Commission: list of regulatory bodies
25
List of regulatory bodies referred to in section 57(1)
The General Chiropractic Council.
The General Dental Council.
The General Medical Council.
The General Optical Council.
30
The General Osteopathic Council.
The Health Professions Council.
The Nursing and Midwifery Council.

Health Bill
Schedule 7 — Transfer of staff and property etc. to Appointments Commission
75

Schedule 7
Section 66

Transfer of staff and property etc. to Appointments Commission
Interpretation
1
In this Schedule—
“the appointed day” means the day appointed under section 79 for the
5
coming into force of section 54(4),
“employee” means a person who immediately before the appointed
day is an employee of the NHSAC, and
“the NHSAC” means the National Health Service Appointments
Commission.
10
Transfer of staff
2     (1)
An employee’s contract of employment has effect on and after the appointed
day as if originally made between him and the Commission.
      (2)
Accordingly—
(a)
all the rights, powers, duties and liabilities of the NHSAC under or
15
in connection with the contract of employment are by virtue of this
paragraph transferred to the Commission on the appointed day, and
(b)
anything done before the appointed day by or in relation to the
NHSAC in respect of that contract or the employee is to be treated on
and after that day as having been done by or in relation to the
20
Commission.
      (3)
If before the appointed day an employee informs the NHSAC that he does
not wish to become an employee of the Commission—
(a)
sub-paragraphs (1) and (2) do not apply in relation to him, and
(b)
his contract of employment is terminated on the appointed day.
25
      (4)
An employee is not to be treated for any purpose as being dismissed by
reason of the operation of any provision of this paragraph in relation to him.
      (5)
Nothing in this paragraph affects any right of an employee to terminate his
contract of employment if a substantial change is made to his detriment in
his working conditions.
30
      (6)
But no such right arises by reason only that, by virtue of this paragraph, the
identity of his employer changes unless he shows that, in all the
circumstances, the change is significant and is to his detriment.
Transfer of property, rights and liabilities
3     (1)
By virtue of this paragraph the property, rights and liabilities (including
35
criminal liabilities) of the NHSAC existing immediately before the
appointed day are transferred to the Commission on the appointed day.
      (2)
Anything done by or in relation to the NHSAC which is in effect
immediately before the appointed day is to be treated on and after the
appointed day as done by or in relation to the Commission.
40
      (3)
Anything (including any legal proceedings) which—
(a)
relates to anything transferred by sub-paragraph (1), and

Health Bill
Schedule 8 — Minor and consequential amendments
76

(b)
is in the process of being done by or in relation to the NHSAC,

may be continued on and after the appointed day by or in relation to the
Commission.
      (4)
Sub-paragraph (1) does not have effect in relation to any rights or liabilities
transferred by virtue of paragraph 2(2)(a).
5
      (5)
Sub-paragraph (2) does not have effect in relation to anything treated as
done by or in relation to the Commission by virtue of paragraph 2(2)(b).
General
4
Nothing in this Schedule affects the validity of anything done by the
NHSAC.
10
Schedule 8
Section 76

Minor and consequential amendments
Pharmacy Act 1954 (c. 61)
1
The Pharmacy Act 1954 has effect subject to the following amendments.
2
In section 15 (appointment of additional members to the council of the
15
Pharmaceutical Society of Great Britain) omit subsections (3) and (4).
3
In Schedule 1 (statutory committee of the Pharmaceutical Society) omit
paragraph 3A.
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
20
(bodies of which all members are disqualified) insert at the appropriate
place—
“The Appointments Commission.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
25
Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Appointments Commission.”
National Health Service Act 1977 (c. 49)
6
The 1977 Act has effect subject to the following amendments.
30
7     (1)
Section 3 (services generally) is amended as follows.
      (2)
In subsection (1)(c) after “dental,” insert “ophthalmic,”.
      (3)
In subsection (3) after “ophthalmic” insert “services in Wales”.
      (4)
In subsection (4)—
(a)
in paragraph (a) for “or 16CC(2)” substitute “, 16CC(2) or 16CD(4)”,
35

Health Bill
Schedule 8 — Minor and consequential amendments
77

(b)
in paragraph (b) for “or a general dental services contract” substitute
“, a general dental services contract or a general ophthalmic services
contract”.
8
In section 15(1)(a) (duty of Health Authority in relation to family health
services)—
5
(a)
omit “general ophthalmic services”,
(b)
at the end add “and also such arrangements for the provision of
primary ophthalmic services for their area if it is in England, or
general ophthalmic services for their area if it is in Wales;”.
9
In section 18A(3) (provision of services etc.)—
10
(a)
in paragraph (a), omit “general ophthalmic or”,
(b)
in paragraph (b), for “or primary dental services” substitute “,
primary dental services or primary ophthalmic services”.
10
In section 19(1) (advisory committees for Wales) for paragraph (e)
substitute—
15
“(e)
the optometrists,”.
11
In section 26 (supply of goods and services by Secretary of State)—
(a)
in subsection (2)(b), for “or a general dental services contract”
substitute “, a general dental services contract or a general
ophthalmic services contract”,
20
(b)
in subsection (4)(aa), for “or a general dental services contract”
substitute “, a general dental services contract or a general
ophthalmic services contract”.
12
In section 38(1) (arrangements for general ophthalmic services)—
(a)
omit “of every Primary Care Trust and”,
25
(b)
for “ophthalmic opticians” substitute “optometrists”.
13    (1)
Section 39 (regulations as to section 38) is amended as follows.
      (2)
In subsection (1)(a) omit “by each Primary Care Trust and”.
      (3)
In subsection (1)(a) and (d) for “ophthalmic opticians” substitute
“optometrists”.
30
      (4)
In subsections (1)(b) and (c) and (2)(a) for “ophthalmic optician” substitute
“optometrist”.
      (5)
In subsections (1) and (2) omit “Primary Care Trust or” in each place where
it occurs.
      (6)
In subsection (3) omit “Primary Care Trust or” and “of the Primary Care
35
Trust or”.
14
In section 41(3)(d) (arrangements for pharmaceutical services) for
“ophthalmic opticians” substitute “optometrists”.
15
In section 43D(1) (supplementary lists) at the end add “(but in relation to
general ophthalmic services this subsection has effect with the omission of
40
the references to Primary Care Trusts)”.
16
In section 44(B2) (recognition of Local Optical Committees and Local
Pharmaceutical Committees)—
(a)
omit paragraph (a),

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Schedule 8 — Minor and consequential amendments
78

(b)
omit “the Local Optical Committee or”,
(c)
omit “, as the case may be,”.
17    (1)
Section 45A (Local Medical Committees) is amended as follows.
      (2)
In subsection (3), omit “and” at the end of paragraph (a) and after that
paragraph insert—
5
“(aa)
every medical practitioner who, under a general ophthalmic
services contract entered into by him, is providing primary
ophthalmic services in the area for which the committee is
formed; and”.
      (3)
For subsection (4)(a) substitute—
10
“(a)
who is performing primary medical services or primary
ophthalmic services in the area for which the committee is
formed—
(i)
pursuant to section 16CC(2)(a) or 16CD(4)(a) above
respectively;
15
(ii)
(in relation to primary medical services) in
accordance with section 28C arrangements; or
(iii)
under a general medical services contract or a general
ophthalmic services contract, as the case may be;
and”.
20
18
In section 49F(1)(d) (disqualification of practitioners) for “ophthalmic
opticians” substitute “optometrists”.
19
In section 49H(1)(a) and (b) (fraud and unsuitability: supplementary) for
“ophthalmic optician” substitute “optometrist”.
20
In section 49N(4)(b) (national disqualification) omit “(or, in the case of a
25
medical list, to nominate or approve him for inclusion in it)”.
21
In section 72(5) (permission for use of facilities in private practice)—
(a)
in paragraph (a) for “ophthalmic opticians” substitute
“optometrists”,
(b)
in paragraph (d)—
30
(i)
for “or primary dental services” substitute “, primary dental
services or primary ophthalmic services”,
(ii)
for “or a general dental services contract” substitute “, a
general dental services contract or a general ophthalmic
services contract”.
35
22
In section 103(1)(a) (special arrangements as to payment of remuneration)
for “or primary dental services” substitute “, primary dental services or
primary ophthalmic services”.
23
In section 126(4) (orders and regulations, and directions) for “or 28U”
substitute “, 28U or 28WD”.
40
24
In section 128(1) (interpretation and construction)—
(a)
at the appropriate place insert—
““financial year” means a period of 12 months ending with 31st
March in any year;”,
(b)
in the definition of “ophthalmic optician”, for ““ophthalmic
45
optician”” substitute ““optometrist””.