|
| |
| |
House of Commons Disqualification Act 1975 (c. 24) |
| |
7 | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(offices disqualifying for membership of the House), omit the entry for the |
| |
chairman and any non-executive member of the Health Protection Agency. |
| |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
| 5 |
8 | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (offices disqualifying for membership of the Assembly), omit the |
| |
entry for the chairman and any non-executive member of the Health |
| |
| |
Employment Rights Act 1996 (c. 18) |
| 10 |
9 | In section 218 of the Employment Rights Act 1996 (change of employer), in |
| |
subsection (10) omit paragraph (dd). |
| |
Freedom of Information Act 2000 (c. 36) |
| |
10 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
| |
authorities), omit the entry for the Health Protection Agency. |
| 15 |
International Development Act 2002 (c. 1) |
| |
11 | In Schedule 1 to the International Development Act 2002 (statutory bodies |
| |
who may exercise certain powers for the purpose of assisting countries |
| |
outside the UK), omit the entry for the Health Protection Agency. |
| |
Nationality, Immigration and Asylum Act 2002 (c. 41) |
| 20 |
12 (1) | Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power |
| |
of medical inspector to disclose information to health service bodies) is |
| |
| |
| |
(a) | before sub-paragraph (i) insert— |
| 25 |
“(ai) | the Secretary of State,”, and |
| |
(b) | omit sub-paragraph (vi) and the “or” preceding it. |
| |
| |
(a) | after sub-paragraph (i) insert “or”, and |
| |
(b) | omit sub-paragraph (iv) and the “or” preceding it. |
| 30 |
| |
(a) | before sub-paragraph (i) insert— |
| |
“(ai) | the Secretary of State,”, |
| |
(b) | after sub-paragraph (i) insert “or”, and |
| |
(c) | omit sub-paragraph (iii). |
| 35 |
| |
(a) | after sub-paragraph (ii) insert— |
| |
“(iia) | the Regional Agency for Public Health and |
| |
Social Well-being established under section 12 |
| |
| |
| |
|
| |
| |
of the Health and Social Care (Reform) Act |
| |
(Northern Ireland) 2009, or”, and |
| |
(b) | omit sub-paragraph (iv) and the “, or” preceding it. |
| |
Scottish Public Services Ombudsman Act 2002 (asp 11) |
| |
13 | The Scottish Public Services Ombudsman Act 2002 is amended as follows. |
| 5 |
14 | In section 7 (matters which may be investigated: restrictions), omit |
| |
| |
15 | In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90. |
| |
National Health Service Act 2006 (c. 41) |
| |
16 | The National Health Service Act 2006 is amended as follows. |
| 10 |
17 | In section 9 (NHS contracts), in subsection (4) omit paragraph (j). |
| |
18 | In section 71 (schemes for meeting losses and liabilities of certain health |
| |
| |
(a) | in subsection (2) omit paragraph (g), and |
| |
(b) | in subsection (5) for “, (f) and (g)” substitute “and (f)”. |
| 15 |
National Health Service (Wales) Act 2006 (c. 42) |
| |
19 | The National Health Service (Wales) Act 2006 is amended as follows. |
| |
20 | In section 7 (NHS contracts), in subsection (4) omit paragraph (j). |
| |
21 | In section 30 (schemes for meeting losses and liabilities of certain health |
| |
| 20 |
(a) | after paragraph (b) insert “and”, and |
| |
(b) | omit paragraph (e) and the preceding “and”. |
| |
National Health Service (Consequential Provisions) Act 2006 (c. 43) |
| |
22 | In Schedule 1 to the National Health Service (Consequential Provisions) Act |
| |
2006 (consequential amendments), omit paragraphs 257 to 259 (and the |
| 25 |
cross-heading preceding them). |
| |
Health and Social Care Act 2008 (c. 14) |
| |
23 | In section 159 (functions of Health Protection Agency in relation to |
| |
biological substances), omit subsections (2) to (6). |
| |
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1)) |
| 30 |
24 | In article 8 of the Health and Personal Social Services (Northern Ireland) |
| |
Order 1991 (health and social services contracts), in paragraph (2)(g) omit |
| |
| |
| |
| |
|
| |
| |
| |
| |
| |
| |
1 (1) | Monitor is to consist of— |
| |
(a) | a chair appointed by the Secretary of State, |
| 5 |
(b) | at least four other members so appointed, and |
| |
(c) | the chief executive and other members appointed in accordance with |
| |
| |
(2) | The number of executive members must be less than the number of non- |
| |
| 10 |
| |
(a) | references to non-executive members of Monitor are references to the |
| |
members appointed in accordance with sub-paragraph (1)(a) and (b), |
| |
| |
(b) | references to executive members of Monitor are references to the |
| 15 |
| |
The chief executive and other executive members: appointment and status |
| |
2 (1) | The chief executive and the other executive members of Monitor are to be |
| |
appointed by the non-executive members. |
| |
(2) | A person may not be appointed as chief executive or as another executive |
| 20 |
member without the consent of the Secretary of State. |
| |
(3) | The non-executive members may not appoint more than five executive |
| |
members without the consent of the Secretary of State. |
| |
(4) | The chief executive and the other executive members are to be employees of |
| |
| 25 |
Non-executive members: tenure |
| |
3 (1) | A person holds and vacates office as a non-executive member of Monitor 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. |
| 30 |
(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— |
| |
| |
| |
(c) | failure to carry out his or her duties as a non-executive member. |
| 35 |
(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 the person from office under sub-paragraph (3). |
| |
(5) | A person may not be appointed as a non-executive member for a period of |
| |
| 40 |
| |
| |
|
| |
| |
(6) | A person who ceases to be a non-executive member is eligible for re- |
| |
| |
| |
4 (1) | This paragraph applies where a person is suspended under paragraph 3(4). |
| |
(2) | The Secretary of State must give notice of the decision to the person; and the |
| 5 |
suspension takes effect on receipt by the person of the notice. |
| |
| |
(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 |
| 10 |
case, the person is taken to receive it on the third day after the day on |
| |
| |
(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— |
| 15 |
(a) | must review the suspension if requested in writing by the person to |
| |
| |
(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 |
| 20 |
| |
(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. |
| |
(8) | The Secretary of State must revoke the suspension if the Secretary of State— |
| 25 |
(a) | decides that there are no grounds to remove the person from office |
| |
| |
(b) | decides that there are grounds to do so but does not remove the |
| |
person from office under that provision. |
| |
5 (1) | Where a person is suspended from office as the chair under paragraph 3(4), |
| 30 |
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 shorter of— |
| |
(a) | the period ending with either— |
| |
(i) | the appointment of a new chair, or |
| 35 |
(ii) | the revocation or expiry of the existing chair’s suspension, |
| |
| |
(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 |
| 40 |
6 (1) | Monitor must pay to its non-executive members such remuneration and |
| |
allowances as the Secretary of State may determine. |
| |
| |
| |
|
| |
| |
(2) | Monitor must pay or make provision for the payment of such pensions, |
| |
allowances or gratuities as it may, with the approval of the Secretary of State, |
| |
determine to or in respect of any person who is or has been a non-executive |
| |
| |
(3) | If a person ceases to be a non-executive member and the Secretary of State |
| 5 |
decides that there are exceptional circumstances which mean that the person |
| |
should be compensated, Monitor must pay compensation to the person of |
| |
such amount as the Secretary of State may determine. |
| |
| |
7 (1) | Monitor may appoint such persons to be employees of Monitor as it |
| 10 |
| |
(2) | Employees of Monitor are to be paid such remuneration and allowances as |
| |
| |
(3) | Employees of Monitor are to be appointed on such other terms and |
| |
conditions as Monitor may determine. |
| 15 |
(4) | Monitor may pay or make provision for the payment of such pensions, |
| |
allowances or gratuities as it may determine to or in respect of any person |
| |
who is or has been an employee of Monitor. |
| |
(5) | Before making a determination as to remuneration, pensions, allowances or |
| |
gratuities for the purposes of sub-paragraph (2) or (4), Monitor must obtain |
| 20 |
the approval of the Secretary of State to its policy on that matter. |
| |
| |
8 (1) | Sub-paragraph (2) applies where a person who is an active or deferred |
| |
member of a scheme under section 1 of the Superannuation Act 1972 is |
| |
| 25 |
(2) | The Minister for the Civil Service may determine that the person’s office as |
| |
chair is to be treated for the purposes of the scheme as service in the |
| |
employment by reference to which the person is a member (whether or not |
| |
any benefits are payable by virtue of paragraph 6(2)). |
| |
(3) | Employment with Monitor is among the kinds of employment to which a |
| 30 |
scheme under section 1 of the Superannuation Act 1972 can apply; and, |
| |
accordingly, in Schedule 1 to that Act (in which those kinds of employment |
| |
are listed), at the end of the list of Other Bodies insert— |
| |
| |
(4) | Monitor must pay to the Minister for the Civil Service, at such times as the |
| 35 |
Minister may direct, such sums as the Minister may determine in respect of |
| |
any increase attributable to sub-paragraph (2) or (3) in the sums payable out |
| |
of money provided by Parliament under the Superannuation Act 1972. |
| |
| |
9 (1) | Monitor may appoint such committees and sub-committees as it considers |
| 40 |
| |
(2) | A committee or sub-committee may consist of or include persons who are |
| |
not members or employees of Monitor. |
| |
| |
| |
|
| |
| |
(3) | Monitor may pay such remuneration and allowances as it determines to any |
| |
| |
(a) | is a member of a committee or sub-committee, but |
| |
(b) | is not an employee of Monitor, |
| |
| whether or not that person is a non-executive member of Monitor. |
| 5 |
| |
10 (1) | Monitor may regulate its own procedure. |
| |
(2) | The validity of any act of Monitor is not affected by any vacancy among the |
| |
members or by any defect in the appointment of a member. |
| |
| 10 |
11 (1) | Monitor must exercise its functions effectively, efficiently and economically. |
| |
(2) | Monitor may arrange for the exercise of its functions on its behalf by— |
| |
(a) | a non-executive member; |
| |
(b) | an employee (including the chief executive); |
| |
(c) | a committee or sub-committee. |
| 15 |
| |
12 (1) | Monitor may arrange for persons to assist it in the exercise of its functions in |
| |
| |
(a) | a particular case, or |
| |
(b) | cases of a particular description. |
| 20 |
(2) | Such arrangements may include provision with respect to the payment of |
| |
remuneration and allowances to, or amounts in respect of, such persons. |
| |
| |
13 (1) | Monitor may, with the consent of the Secretary of State, borrow money |
| |
temporarily by way of overdraft. |
| 25 |
(2) | But subject to that, and subject to sections 143 and 144 (power to borrow for |
| |
exercising functions in relation to financial assistance and power of |
| |
Secretary of State to lend etc.), Monitor may not borrow money. |
| |
| |
14 (1) | Monitor may obtain, compile and keep under review information about |
| 30 |
matters relating to the exercise of its functions. |
| |
(2) | Where Monitor exercises the power under sub-paragraph (1), it must do so |
| |
with a view to (among other things) ensuring that it has sufficient |
| |
information to take informed decisions and to exercise its other functions |
| |
| 35 |
(3) | In exercising the power under sub-paragraph (1), Monitor may carry out, |
| |
commission or support (financially or otherwise) research. |
| |
| |
| |
|
| |
| |
| |
15 | Monitor may do anything which appears to it to be necessary or expedient |
| |
for the purposes of, or in connection with, the exercise of its functions. |
| |
| |
16 (1) | The Secretary of State may make payments to Monitor out of money |
| 5 |
provided by Parliament of such amounts as the Secretary of State considers |
| |
| |
(2) | Payments made under sub-paragraph (1) may be made at such times and on |
| |
such conditions (if any) as the Secretary of State considers appropriate. |
| |
Accounts of NHS foundation trusts |
| 10 |
17 (1) | Monitor must prepare in respect of each financial year a set of accounts |
| |
which consolidates the annual accounts of all NHS foundation trusts. |
| |
(2) | The Secretary of State may, with the approval of the Treasury, direct |
| |
Monitor to prepare a set of accounts in respect of such period as may be |
| |
specified in the direction which consolidates any accounts prepared by NHS |
| 15 |
foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the |
| |
National Health Service Act 2006 in respect of that period. |
| |
(3) | In preparing any consolidated accounts under this paragraph, Monitor must |
| |
comply with directions given by the Secretary of State with the approval of |
| |
| 20 |
(a) | the content and form of the consolidated accounts; |
| |
(b) | the methods and principles according to which the consolidated |
| |
accounts should be prepared. |
| |
(4) | Monitor must send a copy of any consolidated accounts under this |
| |
paragraph to the Secretary of State and, if the Secretary of State so directs, |
| 25 |
the Comptroller and Auditor General— |
| |
(a) | accompanied by such other reports or information as the Secretary of |
| |
| |
(b) | within the relevant period. |
| |
(5) | In sub-paragraph (4)(b), the relevant period is— |
| 30 |
(a) | in relation to consolidated accounts under sub-paragraph (1), such |
| |
period after the end of the financial year concerned as the Secretary |
| |
| |
(b) | in relation to consolidated accounts under sub-paragraph (2), such |
| |
period as the Secretary of State may direct. |
| 35 |
(6) | Before giving a direction under sub-paragraph (5), the Secretary of State |
| |
| |
(7) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on any consolidated accounts sent under |
| |
| 40 |
(b) | if the Secretary of State so directs, send a copy of the report on the |
| |
accounts to the Secretary of State, and |
| |
(c) | if the Secretary of State so directs, lay copies of the accounts and the |
| |
report on them before Parliament. |
| |
| |
| |
|
