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National Health Service Bill [HL]


National Health Service Bill [HL]
Schedule 17 — Exempt information relating to health services
Part 1 — Descriptions of exempt information

244

 

4          

Information relating to any particular applicant for, or recipient or former

recipient of, any financial assistance provided by a relevant body.

5          

The amount of any expenditure proposed to be incurred by a relevant body

under any particular contract for the acquisition of property or the supply of

goods and services.

5

6          

Any terms proposed or to be proposed by or to a relevant body in the course

of negotiations for a contract for the acquisition or disposal of property or

the supply of goods or services.

7          

The identity of a relevant body (as well as of any other person, by virtue of

paragraph 6) as the person offering any particular tender for a contract for

10

the supply of goods or services.

8          

Information relating to any consultations or negotiations, or contemplated

consultations or negotiations, in connection with any labour relations matter

arising between a relevant body or a Minister of the Crown and employees

of, or office-holders under, a relevant body.

15

9          

Any instructions to counsel and any opinion of counsel (whether or not in

connection with any proceedings) and any advice received, information

obtained or action to be taken in connection with—

(a)   

any legal proceedings by or against a relevant body, or

(b)   

the determination of any matter affecting a relevant body,

20

           

(whether, in either case, proceedings have been commenced or are in

contemplation).

10         

Information relating to a particular person who was included in a list of

persons undertaking to provide services under Part 2 of the National Health

Service Act 1977 (c. 49).

25

11         

Information relating to a particular person who is, or was formerly, included

in, or is an applicant for inclusion in—

(a)   

a pharmaceutical list, or

(b)   

a pharmaceutical list or ophthalmic list under the National Health

Service (Wales) Act 2006 (c. 00).

30

12         

Information relating to a particular person who—

(a)   

provided primary medical services, primary dental services or

primary ophthalmic services under a contract under section 28K,

28Q or 28WA of the National Health Service Act 1977, or

(b)   

was included in a list under section 28X of that Act.

35

13    (1)  

Information relating to a particular person who—

(a)   

is, or was formerly, providing primary medical services, primary

dental services or primary ophthalmic services under a contract

under section 84, 100 or 117, or

(b)   

is, or was formerly, included in, or is an applicant for inclusion in, a

40

list under section 91, 106, 123 or 146.

      (2)  

In this paragraph—

(a)   

references to primary medical services and primary dental services

include such services provided under the National Health Service

(Wales) Act 2006, and

45

(b)   

references to provisions of this Act include references to

corresponding provisions of that Act.

 

 

National Health Service Bill [HL]
Schedule 17 — Exempt information relating to health services
Part 3 — Interpretation

245

 

14         

Information relating to any particular employee, former employee, or

applicant to become an employee, of a person referred to in paragraph 10,

11, 12 or 13.

15         

Information relating to the physical or mental health of a particular

individual.

5

Part 2

Qualifications

16         

Information relating to a person of a description specified in any of

paragraphs 1 to 4 and 10 to 14 of Part 1 is not exempt information by virtue

of that paragraph unless it relates to an individual of that description in the

10

capacity indicated by the description.

17         

Information falling within paragraph 5 of Part 1 is exempt information if and

so long as disclosure to the public of the amount there referred to would be

likely to give an advantage to a person entering into, or seeking to enter into,

a contract with a relevant body in respect of the property, goods or services,

15

whether the advantage would arise as against that body or as against other

such persons.

18         

Information falling within paragraph 6 of Part 1 is exempt information if and

so long as disclosure to the public of the terms would prejudice a relevant

body in those or any other negotiations concerning the property or goods or

20

services.

19         

Information falling within paragraph 8 of Part 1 is exempt information if and

so long as disclosure to the public of the information would prejudice a

relevant body in those or any other consultations or negotiations in

connection with a labour relations matter arising as mentioned in that

25

paragraph.

Part 3

Interpretation

20         

In this Schedule—

“disposal”, in relation to property, includes the granting of an interest

30

in or right over it,

“employee” means a person employed under a contract of service,

“labour relations matter” means—

(a)   

any of the matters specified in paragraphs (a) to (g) of section

178(2) of the Trade Union and Labour Relations

35

(Consolidation) Act 1992 (c. 52) (matters which may be the

subject of a collective agreement), or

(b)   

any dispute about a matter falling within paragraph (a),

and for the purposes of this definition the enactments mentioned in

paragraph (a), with the necessary modifications, apply in relation to

40

office-holders under a relevant body as they apply in relation to

employees of a relevant body,

“office-holder”, in relation to a relevant body, means the holder of any

paid office appointments to which are or may be made or confirmed

 

 

National Health Service Bill [HL]
Schedule 18 — Section 75 arrangements: transfer of staff

246

 

by the body or by any person who holds any such office or is an

employee of the body.

Schedule 18

Section 75

 

Section 75 arrangements: transfer of staff

Application of Schedule

5

1          

This Schedule applies where, under any arrangements under regulations

under section 75, any functions of a body (“the transferor”) will be exercised

by another body (“the transferee”).

Orders transferring staff

2     (1)  

The Secretary of State may by order transfer to the transferee any specified

10

description of employees of the transferor.

      (2)  

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.

Effect of order on contracts of employment

15

3     (1)  

The contract of employment of an employee transferred by an order under

paragraph 2—

(a)   

is not terminated by the transfer, and

(b)   

has effect from the date of the transfer as if originally made between

the employee and the transferee.

20

      (2)  

In particular—

(a)   

all the rights, powers, duties and liabilities of the transferor under or

in connection with the employee’s contract of employment are by

virtue of this sub-paragraph transferred to the transferee, and

(b)   

anything done before the date of the transfer by or in relation to the

25

transferor in respect of the employee or his contract of employment

is deemed from that date to have been done by or in relation to the

transferee.

      (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

30

connection with it, if he informs the transferor or the transferee that he

objects to the transfer.

      (4)  

Where an employee objects as mentioned in sub-paragraph (3), his contract

of employment with the transferor is terminated immediately before the

date on which the transfer would occur; but he must not be treated, for any

35

purpose, as having been dismissed by that body.

      (5)  

This paragraph does not affect any right of an employee transferred by an

order under paragraph 2 to terminate his contract of employment if a

substantial change is made to his detriment in his working conditions; but

no such right arises by reason only that, under this paragraph, the identity

40

 

 

National Health Service Bill [HL]
Schedule 18 — Section 75 arrangements: transfer of staff

247

 

of his employer changes unless the employee shows that, in all the

circumstances, the change is a significant change and is to his detriment.

Effect of order on pension rights

4     (1)  

An order under paragraph 2 may provide that, in the case of an employee of

any specified description who is transferred by the order, paragraph 3 does

5

not apply in relation to—

(a)   

so much of the employee’s contract of employment as relates to

relevant pension provisions, or

(b)   

any rights, powers, duties or liabilities under or in connection with

that contract, or otherwise arising in connection with the employee’s

10

employment, and relating to such provisions.

      (2)  

If an order under paragraph 2 provides as mentioned in sub-paragraph (1),

the order may in relation to any such employee make such provision (if any)

as the Secretary of State considers appropriate with respect to all or any of

the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.

15

      (3)  

The provision which may be made by virtue of sub-paragraph (2) includes

provision—

(a)   

for any such employee’s contract of employment with the transferee

to have effect with any specified modifications,

(b)   

for relevant pension provisions of any specified description to have

20

effect in the case of any such employee with any such modifications.

      (4)  

In this paragraph “relevant pension provisions” means the provisions of an

occupational pension scheme within the meaning of the Pension Schemes

Act 1993 (c. 48), with the exception (if the order under paragraph 2 so

provides) of any provisions of such a scheme falling within a description

25

specified in the order.

Divided employments

5     (1)  

Where an employee will be transferred by an order under paragraph 2 but

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

30

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 between the employee and the transferee.

      (2)  

Where an employee’s contract of employment is divided as provided under

sub-paragraph (1)—

35

(a)   

the order must provide for paragraph 3 to have effect in the case of

the employee and his contract of employment subject to appropriate

modifications, and

(b)   

paragraph 4 similarly applies only so far as appropriate in

connection with the employee’s employment by the transferee.

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