Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 12 — Final provisions
219

the same case or description of case for different purposes of
this Act,
(iii)
any such provision either unconditionally or subject to any
specified condition, and
(c)
may, in particular, make different provision for different areas.
5
(8)
Any such power includes—
(a)
power to make incidental, supplementary, consequential, saving or
transitional provision (including, in the case of a power to make
regulations, provision amending, repealing or revoking enactments),
and
10
(b)
power to provide for a person to exercise a discretion in dealing with
any matter.
(9)
A power to give directions under or by virtue of this Act includes power to
vary or revoke the directions by subsequent directions.
(10)
A direction under or by virtue of this Act by a Minister of the Crown (acting
15
alone) must be given by regulations or an instrument in writing.
(11)
A direction under or by virtue of this Act by any other person (or persons) must
be given by an instrument in writing.
278
Financial provision
There is to be paid out of money provided by Parliament—
20
(a)
any expenditure incurred by virtue of this Act by the Secretary of State, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
279
Commencement
(1)
The following provisions come into force on the day on which this Act is
25
passed—
(a)
section 203 (Health and Care Professions Council: power to make
arrangements with other health or social care regulators);
(b)
section 205(3) (power of Secretary of State to make arrangements with
Health and Care Professions Council to discharge General Social Care
30
Council’s functions during period preceding abolition);
(c)
the provisions of this Part;
(d)
any other provision of this Act so far as it (or an amendment made by
it) confers power to make an order or regulations.
(2)
Sections 164 and 165 (abolition of NHS trusts in England etc.) come into force
35
in accordance with section 164.
(3)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(4)
Different days may be appointed under subsection (3) for different purposes
(including different areas).
40
(5)
An order under subsection (3) may include transitory provision; and such
provision may, in particular, modify the application of a provision of this Act
pending the commencement of—
(a)
another provision of this Act,

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(b)
a provision of another Act,
(c)
a provision of an Act or Measure of the National Assembly for Wales,
or
(d)
a provision of subordinate legislation (within the meaning of the
Interpretation Act 1978).
5
(6)
Where a provision of this Act (or an amendment made by it) requires
consultation to take place, consultation undertaken before the commencement
of the provision is as effective for the purposes of that provision as consultation
undertaken after that commencement.
280
Extent
10
(1)
Subject to subsections (2) to (5), this Act extends to England and Wales only.
(2)
Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked.
(3)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
15
(a)
sections 47, 48 and 50 (public health functions);
(b)
sections 114 to 119 (health special administration);
(c)
section 198(1) (the Health and Care Professions Council);
(d)
section 206(1) (the Professional Standards Authority for Health and
Social Care);
20
(e)
section 214(2) to (4) and (6) (Part 7: consequential provision etc.);
(f)
section 215(1), (3) and (4) and Part 4 of Schedule 14 (abolition of the
Office of the Health Professions Adjudicator);
(g)
this Part.
(4)
Section 269 (arrangements between the Board and Northern Ireland Ministers)
25
extends to England and Wales and Northern Ireland.
(5)
Section 270 (arrangements between the Board and Scottish Ministers) extends
to England and Wales and Scotland.
(6)
The Secretary of State may by order provide that specified provisions of this
Act, in their application to the Isles of Scilly, have effect with such
30
modifications as may be specified.
281
Short title
This Act may be cited as the Health and Social Care Act 2011.

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Schedule 1 — The National Health Service Commissioning Board
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Schedules
Schedule 1
Section 5(2)

The National Health Service Commissioning Board
“Schedule A1
The National Health Service Commissioning Board
5
Status
1     (1)
The Board is not to be regarded as a servant or agent of the Crown,
or as enjoying any status, privilege or immunity of the Crown.
      (2)
The Board’s property is not to be regarded as property of, or
property held on behalf of, the Crown.
10
Membership
2     (1)
The Board is to consist of—
(a)
a chair appointed by the Secretary of State,
(b)
at least five other members so appointed, and
(c)
the chief executive and other members appointed in
15
accordance with paragraph 3.
      (2)
In this Schedule—
(a)
references to non-executive members of the Board are
references to the members appointed in accordance with
sub-paragraph (1)(a) and (b), and
20
(b)
references to executive members of the Board are
references to the other members.
      (3)
The number of executive members must be less than the number
of non-executive members.
The chief executive and other executive members: appointment and status
25
3     (1)
The chief executive and the other executive members of the Board
are to be appointed by the non-executive members.
      (2)
A person may not be appointed as chief executive without the
consent of the Secretary of State.
      (3)
The chief executive and the other executive members are to be
30
employees of the Board.
      (4)
The first chief executive of the Board is to be appointed by the
Secretary of State.

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Non-executive members: tenure
4     (1)
A person holds and vacates office as a non-executive member of
the Board in accordance with that person’s terms of appointment.
      (2)
A person may at any time resign from office as a non-executive
member by giving notice to the Secretary of State.
5
      (3)
The Secretary of State may at any time remove a person from office
as a non-executive member on any of the following grounds—
(a)
incapacity,
(b)
misbehaviour, or
(c)
failure to carry out his or her duties as a non-executive
10
member.
      (4)
The Secretary of State may suspend a person from office as a non-
executive member if it appears to the Secretary of State that there
are or may be grounds to remove that person from office under
sub-paragraph (3).
15
      (5)
A person may not be appointed as a non-executive member for a
period of more than four years.
      (6)
A person who ceases to be a non-executive member is eligible for
re-appointment.
Suspension of non-executive members
20
5     (1)
This paragraph applies where a person is suspended under
paragraph 4(4).
      (2)
The Secretary of State must give notice of the decision to the
person; and the suspension takes effect on receipt by the person of
the notice.
25
      (3)
The notice may be—
(a)
delivered in person (in which case the person is taken to
receive it when it is delivered), or
(b)
sent by first class post to the person’s last known address
(in which case, the person is taken to receive it on the third
30
day after the day on which it is posted).
      (4)
The initial period of suspension must not exceed six months.
      (5)
The Secretary of State may at any time review the suspension.
      (6)
The Secretary of State—
(a)
must review the suspension if requested in writing by the
35
person to do so, but
(b)
need not review the suspension less than three months
after the beginning of the initial period of suspension.
      (7)
Following a review during a period of suspension, the Secretary of
State may—
40
(a)
revoke the suspension, or
(b)
suspend the person for another period of not more than six
months from the expiry of the current period.

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      (8)
The Secretary of State must revoke the suspension if the Secretary
of State —
(a)
decides that there are no grounds to remove the person
from office under paragraph 4(3), or
(b)
decides that there are grounds to do so but does not
5
remove the person from office under that provision.
6     (1)
Where a person is suspended from office as the chair under
paragraph 4(4), the Secretary of State may appoint a non-executive
member as interim chair to exercise the chair’s functions.
      (2)
Appointment as interim chair is for a term not exceeding the
10
shorter of—
(a)
the period ending with either—
(i)
the appointment of a new chair, or
(ii)
the revocation or expiry of the existing chair’s
suspension, and
15
(b)
the remainder of the interim chair’s term as a non-
executive member.
      (3)
A person who ceases to be the interim chair is eligible for re-
appointment.
Payment of non-executive members
20
7     (1)
The Board must pay to its non-executive members such
remuneration as the Secretary of State may determine.
      (2)
The Board must pay or make provision for the payment of such
pensions, allowances or gratuities as the Secretary of State may
determine to or in respect of any person who is or has been a non-
25
executive member of the Board.
      (3)
If a person ceases to be a non-executive member and the Secretary
of State decides that there are exceptional circumstances which
mean that the person should be compensated, the Board must pay
compensation to the person of such amount as the Secretary of
30
State may, with the approval of the Treasury, determine.
Staff
8
The Board may appoint such persons to be employees of the Board
as it considers appropriate.
9     (1)
Employees of the Board are to be paid such remuneration and
35
allowances as the Board may determine.
      (2)
Employees of the Board are to be appointed on such other terms
and conditions as the Board may determine.
      (3)
The Board may pay or make provision for the payment of such
pensions, allowances or gratuities as it may determine to or in
40
respect of any person who is or has been an employee of the Board.
      (4)
Before making a determination as to remuneration, pensions,
allowances or gratuities for the purposes of this paragraph, the

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Schedule 1 — The National Health Service Commissioning Board
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Board must obtain the approval of the Secretary of State to its
policy on the matter.
Committees
10    (1)
The Board may appoint such committees and sub-committees as it
considers appropriate.
5
      (2)
A committee or sub-committee may consist of or include persons
who are not members or employees of the Board.
      (3)
The Board may pay such remuneration and allowances as it
determines to any person who—
(a)
is a member of a committee or a sub-committee, but
10
(b)
is not an employee of the Board,

whether or not that person is a non-executive member of the
Board.
Trust funds and trustees
11    (1)
The Secretary of State may by order provide for the appointment
15
of trustees for the Board to hold property on trust—
(a)
for the general or any specific purposes of the Board, or
(b)
for any purposes relating to the health service in England.
      (2)
An order under sub-paragraph (1) may—
(a)
make provision as to the persons by whom trustees must
20
be appointed and generally as to the method of their
appointment,
(b)
make any appointment subject to such conditions as may
be specified in the order (including conditions requiring
the consent of the Secretary of State),
25
(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 persons as the Secretary
of State considers appropriate, and
30
(d)
make provision with respect to the term of office of any
trustee and his or her removal from office.
      (3)
Where trustees have been appointed by virtue of sub-paragraph
(1), the Secretary of State may by order provide for the transfer of
any trust property from the Board to the trustees.
35
Procedure
12    (1)
The Board may regulate its own procedure.
      (2)
The validity of any act of the Board is not affected by any vacancy
among the members or by any defect in the appointment of any
member.
40

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Exercise of functions
13
The Board may arrange for the exercise of any of its functions on
its behalf by—
(a)
any non-executive member,
(b)
any employee (including any executive member), or
5
(c)
a committee or sub-committee.
Provision of information to Secretary of State
14    (1)
The Secretary of State may require the Board to provide the
Secretary of State with such information as the Secretary of State
considers it necessary to have for the purposes of the functions of
10
the Secretary of State in relation to the health service.
      (2)
The information must be provided in such form, and at such time
or within such period, as the Secretary of State may require.
Accounts
15    (1)
The Board must keep proper accounts and proper records in
15
relation to the accounts.
      (2)
The Secretary of State may, with the approval of the Treasury, give
directions to the Board as to—
(a)
the content and form of its accounts, and
(b)
the methods and principles to be applied in the
20
preparation of its accounts.
      (3)
In sub-paragraph (2) the reference to accounts includes a reference
to the Board’s consolidated annual accounts prepared under
paragraph 16 and any interim accounts prepared by virtue of
paragraph 17.
25
      (4)
The chief executive of the Board is to be its accounting officer.
Annual accounts
16    (1)
The Board must prepare consolidated annual accounts in respect
of each financial year.
      (2)
The consolidated annual accounts must contain—
30
(a)
the Board’s annual accounts, and
(b)
a consolidation of the Board’s annual accounts and the
annual accounts of each commissioning consortium.
      (3)
The Board must send copies of the consolidated annual accounts
to—
35
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General,

within such period after the end of the financial year to which the
accounts relate as the Secretary of State may direct.
      (4)
The Comptroller and Auditor General must—
40
(a)
examine, certify and report on the consolidated annual
accounts, and