|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
|
| |
|
| |
|
the Strategic Health Authority in respect of the accommodation or |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
Constitution and membership |
| |
| 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 |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | consult the person whose services will be made available or who will |
| |
| |
(b) | satisfy himself that the Primary Care Trust has consulted that person, |
| 30 |
| |
(c) | consult any such body as he may recognise as representing that |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
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 |
| |
|
| |
|
| |
|
(b) | for any purposes relating to the health service. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
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 |
| |
| |
(b) | paying the Primary Care Trust sums to enable it to meet (or to |
| |
contribute towards its meeting) expenditure of a description |
| 40 |
| |
(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 |
| |
|
| |
|
| |
|
(b) | staff of the NHS trust, or |
| |
(c) | officers of the Strategic Health Authority. |
| |
| |
| |
| 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). |
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
|
| |
|