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National Health Service Bill [HL]


National Health Service Bill [HL]
Schedule 2 — Strategic Health Authorities

184

 

(e)   

the appointment and constitution of committees and sub-

committees (and joint committees and joint sub-committees) of (or

including) a Strategic Health Authority (including any such

committees consisting wholly or partly of persons who are not

members of the Strategic Health Authority in question), and

5

(f)   

the procedure of a Strategic Health Authority and of such

committees and sub-committees as are mentioned in paragraph (e).

10         

Regulations made under this Schedule may make provision (including

provision modifying this Schedule) to deal with cases where the post of chief

officer or any other officer of a Strategic Health Authority is held jointly by

10

two or more persons or where the functions of such an officer are in any

other way performed by more than one person.

11         

A Strategic Health Authority may pay subscriptions, of such amounts as the

Secretary of State may approve, to the funds of such bodies as he may

approve.

15

12         

A Strategic Health Authority has power to accept gifts of property

(including property to be held on trust, either for the general or any specific

purposes of the Strategic Health Authority or for any purposes relating to

the health service).

13    (1)  

The Secretary of State may by order provide for the appointment of trustees

20

for a Strategic Health Authority to hold property on trust—

(a)   

for the general or any specific purposes of the Strategic Health

Authority (including the purposes of any specific hospital or other

establishment or facility at or from which services are provided by

the Strategic Health Authority), or

25

(b)   

for any purposes relating to the health service.

      (2)  

An order under sub-paragraph (1) may—

(a)   

make provision as to the persons by whom trustees must be

appointed and generally as to the method of their appointment,

(b)   

make any appointment subject to such conditions as may be

30

specified in the order (including conditions requiring the consent of

the Secretary of State),

(c)   

make provision as to the number of trustees to be appointed,

including provision under which that number may from time to time

be determined by the Secretary of State after consultation with such

35

persons as he considers appropriate, and

(d)   

make provision with respect to the term of office of any trustee and

his removal from office.

      (3)  

Where under sub-paragraph (1) trustees have been appointed for a Strategic

Health Authority, the Secretary of State may by order provide for the

40

transfer of any trust property from the Strategic Health Authority to the

trustees.

14         

The proceedings of a Strategic Health Authority are not invalidated by any

vacancy in its membership or by any defect in a member’s appointment.

15    (1)  

A Strategic Health Authority may—

45

(a)   

make available at a hospital for which it has responsibility

accommodation or services for patients who give undertakings (or

for whom undertakings are given) to pay any charges imposed by

 

 

National Health Service Bill [HL]
Schedule 2 — Strategic Health Authorities

185

 

the Strategic Health Authority in respect of the accommodation or

services, and

(b)   

make and recover charges in respect of such accommodation or

services and calculate them on any basis that it considers to be the

appropriate commercial basis.

5

      (2)  

A Strategic Health Authority may exercise the power conferred by sub-

paragraph (1) only if it is satisfied that its exercise—

(a)   

does not to any significant extent interfere with the performance by

the Strategic Health Authority of any function conferred on it under

this Act to provide accommodation or services of any kind, and

10

(b)   

does not to a significant extent operate to the disadvantage of

persons seeking or afforded admission or access to accommodation

or services at health service hospitals (whether as resident or non-

resident patients) otherwise than under this section.

      (3)  

Before a Strategic Health Authority decides to make accommodation or

15

services available under sub-paragraph (1), it must consult organisations

representative of the interests of persons likely to be affected by the decision.

      (4)  

A Strategic Health Authority may allow accommodation or services which

are made available under sub-paragraph (1) to be so made available in

connection with treatment in pursuance of arrangements—

20

(a)   

made by a medical practitioner or dental practitioner serving

(whether in an honorary or paid capacity) on the staff of a health

service hospital,

(b)   

for the treatment of private patients of that practitioner.

      (5)  

References in this paragraph to a health service hospital include references

25

to such a hospital within the meaning of section 206 of the National Health

Service (Wales) Act 2006 (c. 00), but do not include references to a hospital

vested in an NHS trust or an NHS foundation trust.

16    (1)  

Any rights acquired, or liabilities (including liabilities in tort) incurred, in

respect of the exercise by a Strategic Health Authority of any function

30

exercisable by it by virtue of section 7 or section 14 are enforceable by or

against that Strategic Health Authority (and no other body).

      (2)  

This paragraph does not apply in relation to the joint exercise of any

functions by a Strategic Health Authority with another body under section

14(2)(c).

35

17         

Provision may be made by regulations with respect to the recording of

information by a Strategic Health Authority, and the furnishing of

information by a Strategic Health Authority to the Secretary of State, another

Strategic Health Authority or a Special Health Authority.

 

 

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 1 — Constitution and membership

186

 

Schedule 3

Section 18

 

Primary Care Trusts

Part 1

Constitution and membership

Status

5

1          

Each Primary Care Trust is a body corporate.

2     (1)  

A Primary Care Trust must not be regarded as the servant or agent of the

Crown or as enjoying any status, immunity or privilege of the Crown.

      (2)  

A Primary Care Trust’s property must not be regarded as property of, or

property held on behalf of, the Crown.

10

Membership

3          

The members of a Primary Care Trust are—

(a)   

a chairman appointed by the Secretary of State,

(b)   

officers of the Primary Care Trust, and

(c)   

a number of persons who are not officers of the Primary Care Trust.

15

4     (1)  

Regulations may make provision about—

(a)   

the appointment of the chairman and other members of a Primary

Care Trust (including any conditions to be fulfilled for

appointment),

(b)   

the tenure of office of the chairman and other members of a Primary

20

Care Trust (including the circumstances in which they cease to hold

office or may be removed or suspended from office),

(c)   

how many persons may be appointed as members of a Primary Care

Trust and how many of those members may be officers (a minimum

and maximum number may be specified for both purposes),

25

(d)   

the appointment and constitution of any committees of a Primary

Care Trust (which may include or consist of persons who are not

members of the Primary Care Trust),

(e)   

the appointment and tenure of office of the members of any

committees of a Primary Care Trust,

30

(f)   

the procedure to be followed by a Primary Care Trust, and by any

committee of the Primary Care Trust, in the exercise of its functions,

(g)   

the circumstances in which a person who is not an officer of the

Primary Care Trust must be treated as if he were such an officer.

      (2)  

The power to make provision under paragraphs (c) and (f) of sub-paragraph

35

(1) includes power to make regulations about the number of persons who

may be appointed and the procedure to be followed during the preparatory

period (within the meaning of paragraph 14(2)).

      (3)  

Any regulations under this paragraph may, in particular, make provision to

deal with cases where the post of any officer of a Primary Care Trust is held

40

jointly by two or more persons or where the functions of such an officer are

in any other way performed by more than one person.

 

 

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 1 — Constitution and membership

187

 

5          

Any reference in this Schedule to a committee of a Primary Care Trust

includes a reference to sub-committees of, and joint committees and joint

sub-committees including, the Primary Care Trust.

6          

The validity of any proceedings of a Primary Care Trust, or of any of its

committees, is not affected by any vacancy among the members or by any

5

defect in the appointment of any member.

Staff

7     (1)  

A Primary Care Trust may employ such officers as it considers appropriate.

      (2)  

A Primary Care Trust may—

(a)   

pay its officers such remuneration and allowances, and

10

(b)   

employ them on such other terms and conditions,

           

as it considers appropriate.

      (3)  

A Primary Care Trust must—

(a)   

in exercising its powers under sub-paragraph (2), and

(b)   

otherwise in connection with the employment of its officers,

15

           

act in accordance with regulations and any directions given by the Secretary

of State.

      (4)  

Before making any regulations under sub-paragraph (3), the Secretary of

State must consult such bodies as he may recognise as representing persons

who, in his opinion, are likely to be affected by the regulations.

20

8     (1)  

The Secretary of State may direct a Primary Care Trust—

(a)   

to make the services of any of its officers available to another Primary

Care Trust, or

(b)   

to employ any person who is or was employed by another Primary

Care Trust and is specified in the direction.

25

      (2)  

Before he gives a direction under sub-paragraph (1), the Secretary of State

must—

(a)   

consult the person whose services will be made available or who will

be employed,

(b)   

satisfy himself that the Primary Care Trust has consulted that person,

30

or

(c)   

consult any such body as he may recognise as representing that

person.

      (3)  

Sub-paragraph (2) does not apply in relation to a direction under sub-

paragraph (1)(a) if the Secretary of State—

35

(a)   

considers it necessary to give the direction for the purpose of

dealing temporarily with an emergency, and

(b)   

has previously consulted bodies recognised by him as

representing the person whose services will be made available about

the giving of directions for that purpose.

40

9          

In addition to making provision in relation to Strategic Health Authorities or

Special Health Authorities, regulations under paragraph 7(8) of Schedule 2

or under paragraph 3(8) of Schedule 6 may also provide—

(a)   

for the transfer of officers of one Primary Care Trust to another, and

 

 

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 1 — Constitution and membership

188

 

(b)   

for arrangements under which the officers of a Primary Care Trust

are placed at the disposal of another Primary Care Trust or a local

authority.

10    (1)  

Sub-paragraph (3) applies where the registration of a dental practitioner in

the dentists register is suspended—

5

(a)   

by an interim suspension order under section 32 of the Dentists Act

1984 (c. 24) (interim orders), or

(b)   

by a direction or an order of the Health Committee, the Professional

Performance Committee or the Professional Conduct Committee of

the General Dental Council under any of sections 27B, 27C or 30 of

10

that Act following a relevant determination that that practitioner’s

fitness to practise is impaired.

      (2)  

For the purposes of sub-paragraph (1), a “relevant determination” that a

practitioner’s fitness to practice is impaired is a determination which is

based solely on—

15

(a)   

the ground mentioned in paragraph (b) of subsection (2) of section 27

of the Dentists Act 1984 (deficient professional performance),

(b)   

the ground mentioned in paragraph (c) of that subsection (adverse

physical or mental health), or

(c)   

both those grounds.

20

      (3)  

The suspension does not terminate any contract of employment made

between the dental practitioner and a Primary Care Trust, but a person

whose registration is so suspended must not perform any duties under a

contract made between him and a Primary Care Trust which involves the

practice of dentistry within the meaning of the Dentists Act 1984

25

Remuneration, pensions etc of members

11    (1)  

A Primary Care Trust may pay the chairman and any other members of the

Primary Care Trust such remuneration and such travelling and other

allowances as may be determined by the Secretary of State.

      (2)  

A Primary Care Trust may pay the chairman or any person who has been

30

chairman of the trust such pension, allowance or gratuity as may be

determined by the Secretary of State.

      (3)  

A Primary Care Trust may pay the members of any committee of a Primary

Care Trust such travelling and other allowances as may be determined by

the Secretary of State.

35

      (4)  

If, when a person ceases to be chairman of a Primary Care Trust, the

Secretary of State determines that there are special circumstances which

make it right that that person should receive compensation, the Primary

Care Trust must pay to him a sum by way of compensation of such amount

as the Secretary of State may determine.

40

Trust funds and trustees

12    (1)  

The Secretary of State may by order provide for the appointment of trustees

for a Primary Care Trust to hold property on trust—

(a)   

for the general or any specific purposes of the Primary Care Trust

(including the purposes of any specific hospital or other

45

establishment or facility which is managed by the Trust), or

 

 

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 2 — PCT orders

189

 

(b)   

for any purposes relating to the health service.

      (2)  

The order may—

(a)   

make provision as to the persons by whom trustees must be

appointed and generally as to the method of their appointment,

(b)   

make any appointment subject to such conditions as may be

5

specified in the order (including conditions requiring the consent of

the Secretary of State),

(c)   

make provision as to the number of trustees to be appointed,

including provision under which that number may from time to time

be determined by the Secretary of State after consultation with such

10

persons as he considers appropriate,

(d)   

make provision with respect to the term of office of any trustee and

his removal from office.

      (3)  

Where trustees have been appointed for a Primary Care Trust under sub-

paragraph (1), the Secretary of State may by order provide for the transfer of

15

any trust property from the Primary Care Trust to the trustees.

Part 2

PCT orders

13    (1)  

A PCT order must specify—

(a)   

the name of the Primary Care Trust, and

20

(b)   

the operational date of the Primary Care Trust.

      (2)  

The operational date of a Primary Care Trust is the date on which functions

exercisable by it may be undertaken fully by the Primary Care Trust.

14    (1)  

A PCT order may provide for the establishment of a Primary Care Trust with

effect from a date earlier than the operational date.

25

      (2)  

During the period beginning with that earlier date and ending with the day

immediately preceding the operational date (referred to in this Schedule as

the preparatory period), the exercise of any functions by the Primary Care

Trust must be limited to such exercise as may be specified in the PCT order

for the purpose of enabling it to begin to operate satisfactorily with effect

30

from the operational date.

      (3)  

A PCT order may require a Strategic Health Authority whose area includes

any part of the area of a Primary Care Trust to meet costs of the Primary Care

Trust performing its functions during the preparatory period by doing

either or both of the following—

35

(a)   

discharging such liabilities of the Primary Care Trust as may be

incurred during the preparatory period and are of a description

specified in the order,

(b)   

paying the Primary Care Trust sums to enable it to meet (or to

contribute towards its meeting) expenditure of a description

40

specified in the order.

      (4)  

A PCT order may require an NHS trust, or a Strategic Health Authority

whose area includes any part of the area of a Primary Care Trust, to make

available to the Primary Care Trust during the preparatory period—

(a)   

premises and other facilities of the NHS trust or Strategic Health

45

Authority,

 

 

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 3 — Powers and duties

190

 

(b)   

staff of the NHS trust, or

(c)   

officers of the Strategic Health Authority.

Part 3

Powers and duties

General

5

15    (1)  

A Primary Care Trust may do anything which appears to it to be necessary

or expedient for the purposes of or in connection with its functions.

      (2)  

In particular it may—

(a)   

acquire and dispose of property,

(b)   

enter into contracts, and

10

(c)   

accept gifts of property (including property to be held on trust, either

for the general or any specific purposes of the Primary Care Trust or

for any purposes relating to the health service).

Rights and liabilities

16    (1)  

Any rights acquired, or liabilities (including liabilities in tort) incurred, in

15

respect of the exercise by a Primary Care Trust of any function exercisable

by it by virtue of section 7, 19 or 15 are enforceable by or against that Primary

Care Trust (and no other body).

      (2)  

This paragraph does not apply in relation to the joint exercise of any

functions by a Primary Care Trust with another body under section 19(2)(c).

20

Powers of Primary Care Trusts to enter into externally financed development agreements

17    (1)  

The powers of a Primary Care Trust include power to enter into externally

financed development agreements.

      (2)  

For the purposes of this paragraph, an agreement is an externally financed

development agreement if it is certified as such in writing by the Secretary

25

of State.

      (3)  

The Secretary of State may give a certificate under this paragraph if—

(a)   

in his opinion the purpose or main purpose of the agreement is the

provision of facilities or services in connection with the discharge by

the Primary Care Trust of any of its functions, and

30

(b)   

a person proposes to make a loan to, or provide any other form of

finance for, another party in connection with the agreement.

      (4)  

If a Primary Care Trust enters into an externally financed development

agreement it may also, in connection with that agreement, enter into an

agreement with a person who falls within sub-paragraph (3)(b) in relation to

35

the externally financed development agreement.

      (5)  

“Another party” means any party to the agreement other than the Primary

Care Trust.

      (6)  

The fact that an agreement made by a Primary Care Trust has not been

certified under this paragraph does not affect its validity.

40

 

 

 
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