National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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