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National Health Service Bill [HL]


National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 6 — Miscellaneous

30

 

65      

Interpretation of this Chapter

(1)   

In this Chapter—

“authorisation” means an authorisation under section 35 or 56,

“health service body” means a Strategic Health Authority, a Primary Care

Trust, an NHS trust, a Special Health Authority or an NHS foundation

5

trust.

(2)   

Any references in this Chapter to goods and services include, in particular,

facilities, education and training.

Chapter 6

Miscellaneous

10

Intervention orders and default powers

66      

Intervention orders

(1)   

This section applies to NHS bodies other than NHS foundation trusts.

(2)   

If the Secretary of State—

(a)   

considers that a body to which this section applies is not performing

15

one or more of its functions adequately or at all, or that there are

significant failings in the way the body is being run, and

(b)   

is satisfied that it is appropriate for him to intervene under this section,

   

he may make an order under this section in respect of the body (an

“intervention order”).

20

(3)   

An intervention order may make any provision authorised by section 67

(including any combination of such provisions).

67      

Effect of intervention orders

(1)   

In this section—

(a)   

“member” means a member of a Strategic Health Authority, Primary

25

Care Trust, Special Health Authority or Local Health Board, or a

member of the board of directors of an NHS trust,

(b)   

“employee member” means a member of a Strategic Health Authority,

Primary Care Trust, Special Health Authority or Local Health Board

who is an officer of the body, or an executive director of an NHS trust.

30

(2)   

An intervention order may provide for the removal from office of—

(a)   

all the members, or

(b)   

those specified in the order,

   

and for their replacement with individuals specified in or determined in

accordance with the order (who need not be the same in number as the

35

removed individuals).

(3)   

An intervention order may provide for the suspension (either wholly, or in

respect only of powers and duties specified in or determined in accordance

with the order) of—

(a)   

all the members, or

40

(b)   

those specified in the order,

 
 

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 6 — Miscellaneous

31

 

   

and for the powers of the suspended members to be exercised, and their duties

performed, during their suspension by individuals specified in or determined

in accordance with the order (who need not be the same in number as the

suspended individuals).

(4)   

The powers and duties referred to in subsection (3) are, in the case of an

5

employee member, only those which he has in his capacity as a member.

(5)   

An intervention order may contain directions to the body to which it relates to

secure that a function of the body specified in the directions—

(a)   

is performed, to the extent specified in the directions, on behalf of the

body and at its expense, by such person as is specified in the

10

directions, and

(b)   

is so performed in such a way as to achieve such objectives as are so

specified,

   

and the directions may require that any contract or other arrangement made by

the body with that person contains such terms and conditions as may be so

15

specified.

(6)   

If the person referred to in subsection (5)(a) is a body to which section 66

applies, the functions of that body include the performance of the functions

specified in the directions under subsection (5).

(7)   

Subsection (8) applies in relation to any provision in this Act, or in any order

20

or regulations made, or directions given, under this Act, relating to—

(a)   

the membership of the body to which an intervention order relates (or

in the case of an NHS trust to the membership of its board of directors),

or

(b)   

the procedure of the body.

25

(8)   

The intervention order may provide in relation to any provision specified in

the order—

(a)   

that it does not apply in relation to the body while the order remains in

force, or

(b)   

that it applies in relation to the body, while the order remains in force,

30

with modifications specified in the order.

(9)   

An intervention order may contain such supplementary directions to the body

to which it relates as the Secretary of State considers appropriate for the

purpose of giving full effect to the order.

68      

Default powers

35

(1)   

This section applies to NHS bodies other than NHS foundation trusts.

(2)   

If the Secretary of State considers that a body to which this section applies—

(a)   

has failed to carry out any functions conferred or imposed on it by or

under this Act, or

(b)   

has in carrying out those functions failed to comply with any

40

regulations or directions relating to those functions,

   

he may after such inquiry as he considers appropriate make an order declaring

it to be in default.

(3)   

The members of the body in default must immediately vacate their office, and

the order—

45

 
 

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 6 — Miscellaneous

32

 

(a)   

must provide for the appointment, in accordance with the provisions

of this Act, of new members of the body, and

(b)   

may contain such provisions as seem to the Secretary of State expedient

for authorising any person to act in the place of the body pending the

appointment of new members.

5

(4)   

An order under this section may contain such supplementary and incidental

provisions as appear to the Secretary of State to be necessary or expedient,

including—

(a)   

provision for the transfer to the Secretary of State of property and

liabilities of the body in default, and

10

(b)   

where any such order is varied or revoked by a subsequent order,

provision in the subsequent order for the transfer to the body in default

of any property or liabilities acquired or incurred by the Secretary of

State in discharging any of the functions transferred to him.

Protection of members and officers of health service bodies

15

69      

Protection from personal liability

(1)   

Section 265 of the Public Health Act 1875 (c. 55) (which relates to the protection

of members and officers of certain authorities) has effect as if there were

included in the authorities referred to in that section a reference to an NHS

body.

20

(2)   

Any reference in that section to the Public Health Act 1875 has effect as if it

included a reference to this Act and the National Health Service (Wales) Act

2006 (c. 00).

Transfer of residual liabilities

70      

Transfer of residual liabilities

25

(1)   

If a Strategic Health Authority, a Primary Care Trust, an NHS trust or a Special

Health Authority ceases to exist, the Secretary of State must exercise his

functions so as to secure that all of the body’s liabilities (other than any

criminal liabilities) are dealt with.

(2)   

A liability is dealt with by being transferred to an NHS body, the Secretary of

30

State or the Welsh Ministers.

Losses and liabilities of certain health service bodies

71      

Schemes for meeting losses and liabilities etc of certain health service bodies

(1)   

The Secretary of State may by regulations made with the consent of the

Treasury establish a scheme whereby any of the bodies specified in subsection

35

(2) may make provision to meet—

(a)   

expenses arising from any loss of or damage to their property, and

(b)   

liabilities to third parties for loss, damage or injury arising out of the

carrying out of the functions of the bodies concerned.

(2)   

The bodies referred to in subsection (1) are—

40

 
 

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 6 — Miscellaneous

33

 

(a)   

Strategic Health Authorities,

(b)   

Primary Care Trusts,

(c)   

NHS trusts,

(d)   

Special Health Authorities,

(e)   

NHS foundation trusts,

5

(f)   

the Commission for Healthcare Audit and Inspection, and

(g)   

the Health Protection Agency,

   

but a scheme under this section may limit the class or description of bodies

which are eligible to participate in it.

(3)   

A scheme under this section may, in particular—

10

(a)   

provide for the scheme to be administered by the Secretary of State

or by a Strategic Health Authority, Primary Care Trust, NHS trust,

Special Health Authority or NHS foundation trust specified in the

scheme,

(b)   

require any body which participates in the scheme to make payments

15

in accordance with the scheme, and

(c)   

provide for the making of payments for the purposes of the scheme by

the Secretary of State.

(4)   

If the Secretary of State so directs, a body which is eligible to participate in a

scheme must do so.

20

(5)   

The Secretary of State may not make a direction under subsection (4) in relation

to an NHS foundation trust.

(6)   

Where a scheme provides for the scheme to be administered by the Secretary

of State, a Strategic Health Authority, Primary Care Trust, NHS trust, Special

Health Authority or NHS foundation trust must carry out such functions in

25

connection with the administration of the scheme by the Secretary of State as

he may direct.

(7)   

Subsections (4) and (6) do not affect any other power of direction of the

Secretary of State.

(8)   

A person or body administering a scheme under this section does not require

30

permission under any provision of the Financial Services and Markets Act 2000

(c. 8) as respects activities carried out under the scheme.

Co-operation between NHS bodies

72      

Co-operation between NHS bodies

It is the duty of NHS bodies to co-operate with each other in exercising their

35

functions.

Directions and regulations under this Part

73      

Directions and regulations under this Part

(1)   

This section applies to directions and regulations under any of—

(a)   

section 7,

40

(b)   

section 8,

(c)   

section 14,

 
 

National Health Service Bill [HL]
Part 3 — Local authorities and the NHS

34

 

(d)   

section 15,

(e)   

section 19,

(f)   

section 20,

(g)   

section 29.

(2)   

Except in prescribed cases, the directions and regulations must not preclude a

5

person or body by whom the function is exercisable apart from the directions

or regulations from exercising the function.

Part 3

Local authorities and the NHS

74      

Supply of goods and services by local authorities

10

(1)   

In the Local Authorities (Goods and Services) Act 1970 (c. 39) the expression

“public body” includes—

(a)   

any Strategic Health Authority, Special Health Authority or Primary

Care Trust, and

(b)   

so far as relates to his functions under this Act, the Secretary of State.

15

(2)   

Subsection (1) has effect as if made by an order under section 1(5) of the Local

Authorities (Goods and Services) Act 1970 and may be varied or revoked by

such an order.

(3)   

Each local authority must make services available to each NHS body acting in

its area, so far as is reasonably necessary and practicable to enable the NHS

20

body to discharge its functions under this Act.

(4)   

“Services” means the services of persons employed by the local authority for

the purposes of its functions under the Local Authority Social Services Act 1970

(c. 42).

75      

Arrangements between NHS bodies and local authorities

25

(1)   

The Secretary of State may by regulations make provision for or in connection

with enabling prescribed NHS bodies (on the one hand) and prescribed local

authorities (on the other) to enter into prescribed arrangements in relation to

the exercise of—

(a)   

prescribed functions of the NHS bodies, and

30

(b)   

prescribed health-related functions of the local authorities,

   

if the arrangements are likely to lead to an improvement in the way in which

those functions are exercised.

(2)   

The arrangements which may be prescribed include arrangements—

(a)   

for or in connection with the establishment and maintenance of a

35

fund—

(i)   

which is made up of contributions by one or more NHS bodies

and one or more local authorities, and

(ii)   

out of which payments may be made towards expenditure

incurred in the exercise of both prescribed functions of the NHS

40

body or bodies and prescribed health-related functions of the

authority or authorities,

 
 

National Health Service Bill [HL]
Part 3 — Local authorities and the NHS

35

 

(b)   

for or in connection with the exercise by an NHS body on behalf of a

local authority of prescribed health-related functions of the authority in

conjunction with the exercise by the NHS body of prescribed functions

of the NHS body,

(c)   

for or in connection with the exercise by a local authority on behalf of

5

an NHS body of prescribed functions of the NHS body in conjunction

with the exercise by the local authority of prescribed health-related

functions of the local authority,

(d)   

as to the provision of staff, goods or services in connection with any

arrangements mentioned in paragraph (a), (b) or (c),

10

(e)   

as to the making of payments by a local authority to an NHS body in

connection with any arrangements mentioned in paragraph (b),

(f)   

as to the making of payments by an NHS body to a local authority in

connection with any arrangements mentioned in paragraph (c).

(3)   

Regulations under this section may make provision—

15

(a)   

as to the cases in which NHS bodies and local authorities may enter into

prescribed arrangements,

(b)   

as to the conditions which must be satisfied in relation to prescribed

arrangements (including conditions in relation to consultation),

(c)   

for or in connection with requiring the consent of the Secretary of State

20

to the operation of prescribed arrangements (including provision in

relation to applications for consent, the approval or refusal of such

applications and the variation or withdrawal of approval),

(d)   

in relation to the duration of prescribed arrangements,

(e)   

for or in connection with the variation or termination of prescribed

25

arrangements,

(f)   

as to the responsibility for, and the operation and management of,

prescribed arrangements,

(g)   

as to the sharing of information between NHS bodies and local

authorities.

30

(4)   

The provision which may be made by virtue of subsection (3)(f) includes

provision in relation to—

(a)   

the formation and operation of joint committees of NHS bodies and

local authorities,

(b)   

the exercise of functions which are the subject of prescribed

35

arrangements (including provision in relation to the exercise of such

functions by joint committees or employees of NHS bodies and local

authorities),

(c)   

the drawing up and implementation of plans in respect of prescribed

arrangements,

40

(d)   

the monitoring of prescribed arrangements,

(e)   

the provision of reports on, and information about, prescribed

arrangements,

(f)   

complaints and disputes about prescribed arrangements,

(g)   

accounts and audit in respect of prescribed arrangements.

45

(5)   

Arrangements made by virtue of this section do not affect—

(a)   

the liability of NHS bodies for the exercise of any of their functions,

(b)   

the liability of local authorities for the exercise of any of their functions,

or

 
 

National Health Service Bill [HL]
Part 3 — Local authorities and the NHS

36

 

(c)   

any power or duty to recover charges in respect of services provided in

the exercise of any local authority functions.

(6)   

The Secretary of State may issue guidance to NHS bodies and local authorities

in relation to consultation or applications for consent in respect of prescribed

arrangements.

5

(7)   

The reference in subsection (1) to an improvement in the way in which

functions are exercised includes an improvement in the provision to any

individuals of any services to which those functions relate.

(8)   

In this section—

“health-related functions”, in relation to a local authority, means

10

functions of the authority which, in the opinion of the Secretary of

State—

(a)   

have an effect on the health of any individuals,

(b)   

have an effect on, or are affected by, any functions of NHS

bodies, or

15

(c)   

are connected with any functions of NHS bodies,

“NHS body” does not include a Special Health Authority.

(9)   

Schedule 18 makes provision with respect to the transfer of staff in connection

with arrangements made by virtue of this section.

76      

Power of local authorities to make payments

20

(1)   

A local authority may make payments to a Strategic Health Authority, a

Primary Care Trust or a Local Health Board towards expenditure incurred or

to be incurred by the body in connection with the performance by it of

prescribed functions.

(2)   

A payment under this section may be made in respect of expenditure of a

25

capital or of a revenue nature or in respect of both kinds of expenditure.

(3)   

The Secretary of State may by directions prescribe conditions relating to

payments under this section.

(4)   

The power under subsection (3) may in particular be exercised so as to require,

in such circumstances as may be specified—

30

(a)   

repayment of the whole or part of a payment under this section, or

(b)   

in respect of property acquired with payments under this section,

payment of an amount representing the whole or part of an increase in

the value of the property which has occurred since its acquisition.

(5)   

No payment may be made under this section in respect of any expenditure

35

unless the conditions relating to it conform with the conditions prescribed for

payments of that description under subsection (3).

77      

Care Trusts

(1)   

Where—

(a)   

a Primary Care Trust or an NHS trust is, or will be, a party to any

40

existing or proposed LA delegation arrangements, and

(b)   

the Secretary of State considers that designation of the body as a Care

Trust would be likely to promote the effective exercise by the body of

prescribed health-related functions of a local authority (in accordance

 
 

 
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