|
| |
|
(a) | any vacancy in the office of chairman or chief executive or in the |
| |
membership of the Commission or the committee or sub-committee, |
| |
| |
(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. |
| |
| |
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 |
| |
| 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 |
| |
| |
| 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) |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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— |
| |
| |
(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. |
| |
| |
22 (1) | The Commission must keep accounts in such form as the Secretary of State |
| 30 |
| |
(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. |
| |
|
| |
|
| |
|
| |
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. |
| |
| 10 |
| |
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. |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
| |
| |
Transfer of staff and property etc. to Appointments Commission |
| |
| |
| |
“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 |
| |
| 10 |
| |
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. |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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). |
| |
| |
4 | Nothing in this Schedule affects the validity of anything done by the |
| |
| 10 |
| |
| |
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 |
| |
| |
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 |
| |
| |
“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 |
| |
| |
“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”. |
| |
| |
(a) | in paragraph (a) for “or 16CC(2)” substitute “, 16CC(2) or 16CD(4)”, |
| 35 |
|
| |
|
| |
|
(b) | in paragraph (b) for “or a general dental services contract” substitute |
| |
“, a general dental services contract or a general ophthalmic services |
| |
| |
8 | In section 15(1)(a) (duty of Health Authority in relation to family health |
| |
| 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) |
| |
| 15 |
| |
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 |
| |
| 30 |
(4) | In subsections (1)(b) and (c) and (2)(a) for “ophthalmic optician” substitute |
| |
| |
(5) | In subsections (1) and (2) omit “Primary Care Trust or” in each place where |
| |
| |
(6) | In subsection (3) omit “Primary Care Trust or” and “of the Primary Care |
| 35 |
| |
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)— |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(i) | pursuant to section 16CC(2)(a) or 16CD(4)(a) above |
| |
| 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; |
| |
| 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 |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(b) | in the definition of “ophthalmic optician”, for ““ophthalmic |
| 45 |
optician”” substitute ““optometrist””. |
| |
|
| |
|