National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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National Health Service Bill [HL]

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 3 — Powers and duties
191

Research
18    (1)
A Primary Care Trust may conduct, commission or assist the conduct of
research.
      (2)
A Primary Care Trust may, in particular, make officers available or provide
facilities under sub-paragraph (1).
5
Training
19
A Primary Care Trust may—
(a)
make officers available in connection with any instruction provided
under section 63 of the Health Services and Public Health Act 1968
(c. 46),
10
(b)
make officers and facilities available in connection with training
by a university or any other body providing training in connection
with the health service.
Specific duties
20    (1)
As soon as is practicable after the end of each financial year each Primary
15
Care Trust must prepare a report on the Primary Care Trust’s activities
during that year and must send a copy of the report to each Strategic Health
Authority whose area includes any part of the Primary Care Trust’s area and
to the Secretary of State.
      (2)
The report must give details of the measures the Primary Care Trust has
20
taken to promote economy, efficiency and effectiveness in using its
resources for the exercise of its functions.
      (3)
A Primary Care Trust must prepare and send such other reports, and supply
such information, to any Strategic Health Authority whose area includes
any part of the Primary Care Trust’s area or to the Secretary of State as it, or
25
he, requires.
21
Provision must be made by regulations requiring Primary Care Trusts to
publicise—
(a)
the Primary Care Trust’s audited accounts,
(b)
the Primary Care Trust’s annual reports prepared under paragraph
30
20,
(c)
any report on the Primary Care Trust’s accounts made pursuant to
section 8 of the Audit Commission Act 1998 (c. 18) (report of auditor
on matter of public interest), and
(d)
any other document as may be prescribed,
35

by taking such steps as may be specified in the regulations.
Compulsory acquisition
22    (1)
A Primary Care Trust may be authorised to purchase land compulsorily for
the purposes of its functions by means of an order made by the Primary Care
Trust and confirmed by the Secretary of State.
40
      (2)
The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase
of land under this paragraph.

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 4 — Transfer of property
192

      (3)
No order may be made by a Primary Care Trust under Part 2 of the
Acquisition of Land Act 1981 (c. 67) in respect of any land unless the
proposal to acquire the land compulsorily—
(a)
has been submitted to the Secretary of State in the form, and with the
information, required by him, and
5
(b)
has been approved by him.
Dissolution
23    (1)
The Secretary of State may, if a Primary Care Trust is dissolved, by order
transfer (or provide for the transfer) to himself or to a Strategic Health
Authority, an NHS trust, a Special Health Authority, an NHS foundation
10
trust or another Primary Care Trust any property or liabilities of the
dissolved trust.
      (2)
The liabilities which may be transferred by virtue of sub-paragraph (1) to a
Strategic Health Authority, an NHS trust, a Special Health Authority, an
NHS foundation trust or another Primary Care Trust include criminal
15
liabilities.
      (3)
If any consultation requirements apply, they must be complied with before
the order is made.
      (4)
“Consultation requirements” means requirements about consultation
contained in regulations.
20
Part 4
Transfer of property
24    (1)
The Secretary of State may by order (referred to in this paragraph and
paragraph 25 as a transfer order)—
(a)
transfer (or provide for the transfer of) any of the property and
25
liabilities of a health service authority to a Primary Care Trust,
(b)
create or impose (or provide for the creation or imposition of) new
rights or liabilities in respect of property transferred or retained.
      (2)
Any property and liabilities which—
(a)
belong to a health service authority other than the Secretary of State
30
or are used or managed by a Strategic Health Authority, and
(b)
will be transferred to a Primary Care Trust by or under a transfer
order,

must be identified by agreement between the health service authority (or
Strategic Health Authority) and the Primary Care Trust or, in default of
35
agreement, by direction of the Secretary of State.
      (3)
Where a transfer order provides for the transfer of—
(a)
land held on lease from a third party, or
(b)
any other asset leased or hired from a third party or in which a
third party has an interest,
40

the transfer is binding on the third party despite the fact that, apart from this
sub-paragraph, the transfer would have required the third party’s consent
or concurrence.
      (4)
“Third party” means a person other than a health service authority.

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 5 — Transfer of staff
193

      (5)
In this paragraph and paragraph 25, “health service authority” means the
Secretary of State, a Strategic Health Authority, a Primary Care Trust or an
NHS trust.
25    (1)
Stamp duty is not chargeable in respect of any transfer to a Primary Care
Trust effected by or under a transfer order.
5
      (2)
Where it becomes necessary, for the purpose of a transfer by or under a
transfer order, to apportion any property or liabilities, the order may contain
such provisions as appear to the Secretary of State to be appropriate for the
purpose.
      (3)
Where a transfer order transfers (or provides for the transfer of) any
10
property or rights to which paragraph 24(3) applies, the order must contain
such provisions as appear to the Secretary of State to be appropriate to
safeguard the interests of third parties (within the meaning of that sub-
paragraph), including, where appropriate, provision for the payment of
compensation of an amount to be determined in accordance with the order.
15
      (4)
A certificate issued by the Secretary of State that—
(a)
any specified property,
(b)
any specified interest in or right over any property, or
(c)
any specified right or liability,

has been vested in a Primary Care Trust by or under a transfer order is
20
conclusive evidence of that fact for all purposes.
      (5)
“Specified” means specified in the certificate.
      (6)
A transfer order may include provision for matters to be settled by
arbitration by a person determined in accordance with the order.
      (7)
Paragraph 24 and this paragraph do not affect—
25
(a)
any existing power of a health service authority to transfer
property or liabilities to a Primary Care Trust,
(b)
the extent of the power conferred by section 272(8).
Part 5
Transfer of staff
30
26    (1)
The Secretary of State may by order transfer to a Primary Care Trust any
specified description of employees to which this paragraph applies.
      (2)
This paragraph applies to employees of—
(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
35
(c)
an NHS trust.
      (3)
An order may be made under this paragraph only if any prescribed
requirements about consultation have been complied with in relation to
each of the employees to be transferred.
27    (1)
The contract of employment of an employee transferred under paragraph
40
26—
(a)
is not terminated by the transfer, and

National Health Service Bill [HL]
Schedule 3 — Primary Care Trusts
Part 5 — Transfer of staff
194

(b)
has effect from the date of the transfer as if originally made
between the employee and the Primary Care Trust to which he is
transferred.
      (2)
In particular—
(a)
all the rights, powers, duties and liabilities of the body from which
5
an employee is transferred under paragraph 26 under or in
connection with his contract of employment are by virtue of this
sub-paragraph transferred to the Primary Care Trust to which the
employee is transferred under that paragraph, and
(b)
anything done before the date of the transfer by or in relation to
10
the body from which he is so transferred in respect of him or the
contract of employment is deemed from that date to have been done
by or in relation to the Primary Care Trust to which he is transferred.
      (3)
Sub-paragraphs (1) and (2) do not transfer an employee’s contract of
employment, or the rights, powers, duties and liabilities under or in
15
connection with it, if he informs the body from which they would be
transferred, or the Primary Care Trust to which they would be transferred,
that he objects to the transfer.
      (4)
Where an employee objects as mentioned in sub-paragraph (3) his contract
of employment with the body from which he would be transferred is
20
terminated immediately before the date on which the transfer would occur;
but he must not be treated, for any purpose, as having been dismissed by
that body.
      (5)
This paragraph does not affect any right of an employee to which paragraph
26 applies to terminate his contract of employment if a substantial change is
25
made to his detriment in his working conditions.
      (6)
But no such right arises by reason only that under this paragraph the
identity of his employer changes, unless the employee shows that, in all the
circumstances, the change is a significant change and is to his detriment.
28    (1)
Where an employee will be transferred by an order under paragraph 26 but
30
will continue to be employed for certain purposes by the transferor, the
order may provide that the contract of employment of the employee is, on
the date on which the employee is transferred, divided so as to constitute
two separate contracts of employment between the employee and the
transferor and the employee and the Primary Care Trust in question.
35
      (2)
Where an employee’s contract of employment is divided as provided under
sub-paragraph (1), the order must provide for paragraph 27 to have effect in
the case of the employee and his contract of employment subject to
appropriate modifications.
29
Where a Primary Care Trust is dissolved, an order under paragraph 23
40
includes power to transfer employees of the Primary Care Trust and the
order may make any provision in relation to the transfer of those employees
which is or may be made in relation to the transfer of employees under
paragraph 26.