Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

Health Bill
Part 5 — Appointments Commission
48

(a)
a devolved authority, or
(b)
any other person who is not a Minister of the Crown.
(2)
A requirement to exercise the function jointly or concurrently does not prevent
the Secretary of State from giving a direction under section 55 in respect of the
function, but he must not do so unless he first consults the devolved authority
5
or other person.
(3)
If the Secretary of State gives such a direction, so much of the functions of the
Secretary of State and the devolved authority or other person as is specified in
the direction is exercisable by the Commission acting alone.
(4)
Subsections (2) and (3) do not apply if the function is exercisable jointly or
10
concurrently with the Scottish Ministers, but the Secretary of State may
nevertheless give a direction under section 55 in respect of the exercise of any
function that he has.
57
Commission to exercise Privy Council’s appointment functions
(1)
The Commission is to exercise so much of any function of the Privy Council
15
relating to the appointment of members to any of the regulatory bodies listed
in Schedule 6 as may be specified in a direction given by the Privy Council.
(2)
The Commission is to exercise so much of any function of the Privy Council
relating to the appointment of members to the Council of the Royal
Pharmaceutical Society of Great Britain as may be specified in a direction given
20
by the Privy Council.
58
Commission to exercise Assembly’s appointment functions
The Commission is to exercise so much of any function of the National
Assembly for Wales relating to the appointment of members to the
Commission for Healthcare Audit and Inspection or the Health Protection
25
Agency as may be specified in a direction given by the Assembly.
59
Exercise of appointments functions
(1)
This section applies where any function is exercisable by the Commission in
relation to an appointment by virtue of a direction under section 55, 57 or 58.
(2)
Subject to the following provisions of this section, the function is exercisable by
30
the Commission in relation to the appointment in such manner as it thinks fit,
having regard to the provisions of any enactment or instrument relating to the
making of the appointment (as they have effect in accordance with subsection
(3)).
(3)
References in any such provisions to things done, or falling to be done, by or in
35
relation to the Secretary of State, the Privy Council or the National Assembly
for Wales have effect, so far as necessary in connection with the function being
exercisable by the Commission, as references to things done, or falling to be
done, by or in relation to the Commission.
(4)
The direction mentioned in subsection (1) may contain provisions relating to
40
the manner in which the function is to be exercised.
(5)
Those provisions may, in particular, include provisions relating to—
(a)
matters to which the Commission is to have regard,

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Part 5 — Appointments Commission
49

(b)
any criteria to be used, or
(c)
the procedure to be followed,

in relation to making appointments in exercise of the function.
(6)
The Commission must take into account any guidance which—
(a)
is issued by the Commissioner for Public Appointments or any
5
government department, and
(b)
relates to the making of appointments to public bodies.
Other functions
60
Commission to assist other bodies with appointments
(1)
The Commission may enter into arrangements under subsection (2) with the
10
board of governors of an NHS foundation trust.
(2)
Arrangements under this subsection are arrangements providing for the
Commission to assist the board in connection with the exercise of their powers
relating to—
(a)
the appointment of the chairman and non-executive directors under
15
paragraph 17 of Schedule 1 to the 2003 Act; or
(b)
the appointment of the initial chairman and the initial non-executive
directors in accordance with paragraph 19 of that Schedule.
(3)
The Commission may enter into arrangements under subsection (4) with—
(a)
any Minister of the Crown exercising functions in relation to England,
20
or
(b)
any officer acting on behalf of such a Minister.
(4)
Arrangements under this subsection are arrangements providing for the
Commission to assist the Minister or officer in connection with the exercise by
him of any power relating to—
25
(a)
the appointment of the chairman of any body specified in the
arrangements, or
(b)
the appointment of non-executive members of such a body.
(5)
For the purposes of subsections (3) and (4) it is immaterial that the body’s
functions are not exercisable only in relation to England.
30
(6)
But arrangements may not be entered into under subsection (4) in relation to
any powers that are exercisable by a Minister of the Crown jointly or
concurrently with, or after consultation with—
(a)
a devolved authority, or
(b)
any other person who is not a Minister of the Crown.
35
(7)
In this section—
(a)
“arrangements” means arrangements, whether contractual or
otherwise;
(b)
references to assistance in connection with the exercise of any power of
appointment do not include the making of any appointment.
40

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Part 5 — Appointments Commission
50

61
Functions connected with appointments to bodies to which section 55 or 57
applies
(1)
The Commission may provide chairmen and non-executive members of
relevant bodies with general advice on matters relating to recruitment,
selection, appraisal, training or development and conditions of service
5
(including remuneration).
(2)
The Commission may provide persons appointed by it to be chairmen and
non-executive members of relevant bodies with mentoring and other
assistance in relation to the exercise of their functions.
(3)
The Commission may provide chairmen, executive and non-executive
10
members of relevant bodies with training in connection with their respective
roles and responsibilities.
(4)
Arrangements under section 60(2) or (4) may provide for the Commission to
exercise functions corresponding to those in subsection (1), (2) or (3) above in
relation to the persons in connection with whose appointments the
15
Commission provides assistance under the arrangements.
(5)
In this section “relevant body” means any body in relation to which a direction
is in force under section 55 or 57.
62
Prescribed functions
(1)
Regulations may make provision for or in connection with conferring
20
functions on the Commission in relation to appointments to applicable bodies
and matters relating to such appointments.
(2)
The functions which may be so conferred include—
(a)
administering schemes relating to the payment, to chairmen and non-
executive members of applicable bodies, of remuneration and
25
allowances falling to be determined by the Secretary of State;
(b)
publishing or otherwise making available information as to the terms
and conditions applying to chairmen and non-executive members of
applicable bodies, including information as to such remuneration and
allowances;
30
(c)
assisting the Secretary of State in connection with the implementation
of decisions as to the payment of such remuneration to such persons;
(d)
advising the Secretary of State in connection with the payment of such
allowances to such persons;
(e)
advising the Secretary of State generally on matters relating to
35
appointments to applicable bodies.
(3)
Nothing in subsection (2) is to be read as prejudicing the generality of
subsection (1).
Functions: supplementary
63
Exercise of functions
40
(1)
The Commission must exercise its functions—
(a)
efficiently and cost-effectively, and

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Part 5 — Appointments Commission
51

(b)
in such a way as to ensure the maintenance of public confidence in the
making of appointments to public bodies.
(2)
In connection with the exercise of its functions the Commission may—
(a)
engage in or commission research;
(b)
obtain and analyse data and other information;
5
(c)
make available to any body or person such persons, materials and
facilities as it may determine;
(d)
provide information, advice and guidance, whether generally or to
such bodies or persons as it may determine.
(3)
The information, advice and guidance which may be provided as mentioned
10
in subsection (2)(d) includes—
(a)
information relating to appointments to applicable bodies, and
(b)
advice and guidance on matters relating to appointments to applicable
bodies or the governance of such bodies.
(4)
The Commission may do anything which it thinks is—
15
(a)
appropriate for facilitating, or
(b)
incidental or conducive to,

the exercise of its functions.
(5)
The power under subsection (4) includes power—
(a)
to enter into contracts;
20
(b)
to acquire, and dispose of, land and other property;
(c)
to form, or participate in the forming of, companies;
(d)
to develop and make available for sale (otherwise than for profit)
material for use in connection with appointments to applicable bodies;
(e)
to provide accommodation.
25
(6)
The power under subsection (4) is not restricted by subsection (2), but—
(a)
so far as it relates to functions conferred on the Commission under
section 58, is exercisable subject to directions given by the National
Assembly for Wales;
(b)
so far as it relates to any other functions of the Commission, is
30
exercisable subject to directions given by the Secretary of State.
Reports etc.
64
Annual reports
(1)
The Commission must prepare in respect of each financial year a report
relating to its performance of its functions during that year.
35
(2)
The report must in particular—
(a)
set out the practices adopted by the Commission during the year with
a view to ensuring equal opportunities,
(b)
contain information about complaints made to the Commission during
the year, and about how complaints made to the Commission were
40
resolved during the year, and
(c)
deal with any such other matters as the Secretary of State may direct.
(3)
The Commission must—

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Part 5 — Appointments Commission
52

(a)
send the Secretary of State and the National Assembly for Wales copies
of the report as soon as possible after the end of the year, and
(b)
publish the report in such manner as the Commission considers
appropriate.
(4)
The Secretary of State must lay before each House of Parliament a copy of
5
every report sent to him under subsection (3).
65
Other reports and information
(1)
If requested to do so by—
(a)
the Secretary of State,
(b)
the Privy Council,
10
(c)
a government department, or
(d)
the Commissioner for Public Appointments,

the Commission must provide him or it with such a report or information
relating to any aspect of the Commission’s performance of its functions as is
specified in the request.
15
(2)
If requested to do so by the National Assembly for Wales, the Commission
must provide it with such a report or information relating to any aspect of the
Commission’s performance of its functions under section 58 as is specified in
the request.
(3)
If requested to do so by a body to which this subsection applies, the
20
Commission must provide the body with such a report or information relating
to the Commission’s performance of its functions in relation to the body as is
specified in the request.
(4)
Subsection (3) applies to any body in relation to which—
(a)
functions are exercisable by the Commission by virtue of a direction
25
under section 55, 57 or 58, or
(b)
arrangements are in force under section 60.
Miscellaneous and supplementary
66
Transfer of staff and property etc.
Schedule 7 makes provision in relation to the transfer to the Appointments
30
Commission of staff, property, rights and liabilities of the National Health
Service Appointments Commission.
67
Directions
(1)
Any direction given by the Secretary of State, the Privy Council or the National
Assembly for Wales under this Part—
35
(a)
must be given in writing, and
(b)
may be varied or revoked by a subsequent such direction.
(2)
Where a function of the Secretary of State, the Privy Council or the Assembly
is exercisable by the Commission by virtue of a direction under this Part, the
direction does not preclude the Secretary of State, the Privy Council or the
40
Assembly (as the case may be) from exercising the function.

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Part 5 — Appointments Commission
53

(3)
Section 126(4) of the 1977 Act (supplementary provisions about subordinate
legislation) applies in relation to any power to give directions under this Part
as it applies in relation to the powers mentioned in that subsection.
68
Interpretation
(1)
In this Part—
5
“applicable body” is to be read in accordance with subsections (4) and (5);
“appointment” is to be read in accordance with subsections (2) and (3);
“the Commission” means the Appointments Commission;
“devolved authority” is to be read in accordance with subsection (7);
“financial year”, in relation to the Commission, means—
10
(a)
the period starting on the day the Commission is established
and ending with the next 31st March, or
(b)
any succeeding period of 12 months;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
15
“the National Health Service Appointments Commission” means the
Special Health Authority known by that name;
“NHS bodies” means bodies within section 55(2)(a);
“NHS trust” has the same meaning as in the 1977 Act;
“non-executive members” is to be read in accordance with subsection (6);
20
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
(2)
In this Part “appointment” includes—
(a)
any process involving an appointment (whether described as re-
appointment or replacement or otherwise) including a temporary
25
appointment; and
(b)
nomination for appointment;
and also includes removal or suspension from office.
(3)
References in this Part to functions relating to the appointment of a person
include functions relating to a person’s tenure of office.
30
(4)
In this Part “applicable body” means—
(a)
any body in relation to which a direction may be given under section
55, 57 or 58, and
(b)
(except in section 62(2)(a) and (b)) any NHS foundation trust and any
body which falls within subsection (5).
35
(5)
A body falls within this subsection if arrangements providing for the
Commission to assist in the exercise of any power relating to appointment of
the body’s chairman, or any non-executive member of the body, may be
entered into under section 60(4).
(6)
In this Part “non-executive members”—
40
(a)
in relation to a body whose members are known as directors, means
non-executive directors, and
(b)
in relation to a body in the case of which no distinction is made between
executive and non-executive members, means members of the body
(apart from the chairman).
45

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Part 6 — Miscellaneous
54

(7)
Each of the following is a “devolved authority” for the purposes of this Part—
(a)
the Scottish Ministers,
(b)
the National Assembly for Wales, and
(c)
any Northern Ireland department.
Part 6
5
Miscellaneous
Social care bursary
69
Exercise by Special Health Authority of social care training functions
After section 67 of the Care Standards Act 2000 (c. 14) insert—
“67A
Exercise by Special Health Authority of functions under s. 67(4)(a)
10
(1)
The Secretary of State may direct a Special Health Authority to exercise
such of his functions under section 67(4)(a) as may be specified in the
directions.
(2)
If the Secretary of State gives a direction under subsection (1), the
National Health Service Act 1977 shall have effect as if—
15
(a)
the direction were a direction of the Secretary of State under
section 16D of that Act, and
(b)
the functions were exercisable by the Special Health Authority
under section 16D.
(3)
Directions under subsection (1)—
20
(a)
shall be given by an instrument in writing, and
(b)
may be varied or revoked by subsequent directions.”
NHS costs recovery
70
NHS costs recovery
In section 153 of the 2003 Act (information contained in certificates relating to
25
recovery of NHS charges in cases of injury requiring NHS services), for
subsection (9) substitute—
“(9)
For the purposes of subsection (10), a claim made by or on behalf of an
injured person is a qualifying claim if—
(a)
it does not fall within subsection (3) or within any other
30
description of claim specified in regulations, and
(b)
it is settled, and the damages payable under the settlement are
to be reduced to reflect the injured person’s share in the
responsibility for the injury in question.”
Transfer of criminal liability
35
71
Transfer of criminal liabilities of certain NHS bodies
(1)
In section 8 of the 1977 Act (Strategic Health Authorities and Health