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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—

 

 

Health Bill
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),

 

 

Health Bill
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””.

 

 

 
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