Health and Social Care Bill

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 12 — Final provisions
248

(a)
sections 50(1) and (3), 51, 52 and 54 (public health functions);
(b)
section 147(2) and paragraph 1 of Schedule 13 (references to Monitor in
instruments etc.);
(c)
section 211(1) (the Health and Care Professions Council);
(d)
section 219(1) (the Professional Standards Authority for Health and
5
Social Care);
(e)
section 227(1) to (4) and (6) and paragraphs 47 and 54 of Schedule 16
(Part 7: consequential provision etc.);
(f)
section 228(1), (3) and (4) and Part 4 of Schedule 16 (abolition of the
Office of the Health Professions Adjudicator);
10
(g)
section 272(1) and (3) and Part 2 of Schedule 21 (abolition of the
Appointments Commission);
(h)
sections 292 and 293 (transfer schemes) insofar as they confer powers in
connection with the abolition of the Health Protection Agency;
(i)
this Part.
15
(4)
Section 287 (arrangements between the Board and Northern Ireland Ministers)
extends to England and Wales and Northern Ireland.
(5)
The following provisions extend to England and Wales and Scotland—
(a)
sections 126 to 131 (health special administration);
(b)
section 288 (arrangements between the Board and Scottish Ministers).
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(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
modifications as may be specified.
299
Short title
This Act may be cited as the Health and Social Care Act 2011.
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Health and Social Care Bill
Schedule 1 — The National Health Service Commissioning Board
249

Schedules
Schedule 1
Section 5(2)

The National Health Service Commissioning Board
“Schedule A1
Section 1D

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
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(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
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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).
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      (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.
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      (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
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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—
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(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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Schedule 1 — The National Health Service Commissioning Board
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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
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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
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(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
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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-
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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
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(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),
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(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
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(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.
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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.
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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
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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
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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.
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      (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—
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(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—
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(a)
examine, certify and report on the consolidated annual
accounts, and

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Schedule 1 — The National Health Service Commissioning Board
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(b)
lay copies of the accounts and the report on them before
Parliament.
      (5)
In this paragraph, “financial year” includes the period which
begins with the day on which the Board is established, and ends
on the following 31 March.
5
Interim Accounts
17    (1)
The Secretary of State may, with the approval of the Treasury,
direct the Board to prepare accounts in respect of such period or
periods as may be specified in the direction (“interim accounts”).
      (2)
The interim accounts in respect of any period must contain—
10
(a)
the Board’s accounts in respect of that period, and
(b)
a consolidation of the Board’s accounts in respect of that
period and any accounts of commissioning consortia in
respect of that period which are prepared by virtue of
paragraph 12(3) of Schedule 1A.
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      (3)
The Board must send copies of any interim accounts to—
(a)
the Secretary of State, and
(b)
if the Secretary of State directs, the Comptroller and
Auditor General,

within such period as the Secretary of State may direct.
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      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on any interim accounts sent
by virtue of sub-paragraph (3)(b),
(b)
if the Secretary of State so directs, send a copy of the report
on the accounts to the Secretary of State, and
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(c)
if the Secretary of State so directs, lay copies of the accounts
and the report on them before Parliament.
Seal and evidence
18    (1)
The application of the Board’s seal must be authenticated by the
signature of any member of the Board or any other person who has
30
been authorised (generally or specially) for that purpose.
      (2)
A document purporting to be duly executed under the Board’s
seal or to be signed on its behalf must be received in evidence and,
unless the contrary is proved, taken to be so executed or signed.”