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196 Supplementary and consequential provision | |
(1) The appropriate authority may by order made such supplementary, incidental | |
or consequential provision as he or it thinks appropriate for the purposes of, in | |
consequence of or for giving full effect to any provision of this Act. | |
(2) For the purposes of this section “appropriate authority”, in relation to any | 5 |
provision of this Act, means the authority which is the appropriate authority | |
in relation to that provision for the purposes of section 194. | |
(3) An order under this section may modify any Act (including an Act of the | |
Scottish Parliament) or subordinate legislation. | |
(4) The power under this section is not restricted by any other provision of this | 10 |
Act. | |
197 Extent | |
(1) The amendment or repeal of any provision by this Act has the same extent as | |
the provision being amended or repealed (subject to any express limitation | |
contained in this Act). | 15 |
(2) Subject to that and except as provided below this Act extends to England and | |
Wales only. | |
(3) The following provisions also extend to Scotland— | |
(a) sections 122 and 123; | |
(b) Part 3, except for section 159(3); | 20 |
(c) sections 181, 183 and 184 and Schedule 12; | |
(d) this Part. | |
(4) The following provisions also extend to Northern Ireland— | |
(a) sections 122 and 123; | |
(b) section 182; | 25 |
(c) sections 183, 184 and Schedule 12; | |
(d) this Part. | |
198 Short title | |
This Act may be cited as the Health and Social Care (Community Health and | |
Standards) Act 2003. | 30 |
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Schedules | |
Schedule 1 | |
Section 1 | |
Constitution of public benefit corporations | |
Requirement for a constitution | |
1 (1) A public benefit corporation is to have a constitution. | 5 |
(2) As well as any provision authorised or required to be made by this Schedule, | |
the constitution may make further provision (other than provision as to the | |
powers of the corporation) consistent with this Schedule. | |
2 The constitution is to name the corporation and, if the corporation is an NHS | |
foundation trust, its name must include the words “NHS foundation trust”. | 10 |
Members | |
3 (1) The members of a public benefit corporation are to be individuals who— | |
(a) live in the area specified for the purpose in the constitution (“the | |
public constituency”), or | |
(b) are employed by the corporation under a contract of employment | 15 |
(“the staff constituency”). | |
(2) The area specified under sub-paragraph (1)(a) must be an electoral area for | |
the purposes of local government elections in England or an area consisting | |
of two or more such electoral areas. | |
(3) The constitution may also provide for the public constituency to comprise | 20 |
individuals who have attended any of the corporation’s hospitals as patients | |
(including individuals attending as the carer of a patient). | |
(4) The constitution may also provide for the staff constituency to comprise | |
individuals who exercise functions for the purposes of the corporation | |
otherwise than under a contract of employment with the corporation. | 25 |
(5) A person may become or continue as a member of the staff constituency only | |
if— | |
(a) he is employed by the corporation under a contract of employment | |
which has no fixed term or has a fixed term of at least 12 months, or | |
(b) he has been continuously employed by the corporation for at least 12 | 30 |
months or, where sub-paragraph (4) applies, he has continuously | |
exercised functions for the purposes of the corporation for such a | |
period. | |
(6) A person eligible for membership of the staff constituency may not become | |
or continue as a member of the public constituency. | 35 |
(7) Chapter 1 of Part 14 of the Employment Rights Act 1996 (c. 18) applies for | |
the purpose of determining whether an individual has been continuously | |
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employed by the corporation, or has continuously exercised functions for | |
the purposes of the corporation, as it applies for the purposes of that Act. | |
4 The constitution is to require a minimum number of members of each | |
constituency. | |
5 (1) A person may not become a member of a public benefit corporation unless | 5 |
he has agreed to pay a sum not exceeding £1 to the corporation. | |
(2) The constitution may make further provision as to the circumstances in | |
which a person may not become or continue as a member. | |
Board of Governors | |
6 (1) A public benefit corporation is to have a board of governors. | 10 |
(2) Only members of the corporation and persons appointed under the | |
following provisions may become or continue as members of the board. | |
(3) The members of the board other than the appointed members are to be | |
chosen by election. | |
(4) Members of the public constituency or the staff constituency may elect any | 15 |
of their number to be a member of the board. | |
(5) If contested, the election must be by secret ballot. | |
7 (1) The following may not become or continue as members of the board of | |
governors— | |
(a) a person who has been adjudged bankrupt or whose estate has been | 20 |
sequestrated and (in either case) has not been discharged, | |
(b) a person who has made a composition or arrangement with, or | |
granted a trust deed for, his creditors and has not been discharged in | |
respect of it, | |
(c) a person who within the preceding five years has been convicted in | 25 |
the British Islands of any offence if a sentence of imprisonment | |
(whether suspended or not) for a period of not less than three | |
months (without the option of a fine) was imposed on him. | |
(2) The constitution may make further provision as to the circumstances in | |
which a person may not become or continue as a member of the board. | 30 |
8 (1) More than half of the members of the board of governors are to be elected by | |
the public constituency. | |
(2) At least one member of the board is to be elected by the staff constituency. | |
(3) At least one member of the board is to be appointed by a Primary Care Trust | |
for which the corporation provides goods or services. | 35 |
(4) At least one member of the board is to be appointed by one or more | |
qualifying local authorities.
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A qualifying local authority is a local authority for an area which includes | |
the whole or part of the area specified under paragraph 3(1)(a). | |
(5) If any of the corporation’s hospitals includes a medical or dental school | 40 |
provided by a university, at least one member of the board is to be appointed | |
by that university. | |
(6) An organisation specified in the constitution as a partnership organisation | |
may appoint a member of the board. | |
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9 (1) A member of the board of governors elected by the public constituency or | |
the staff constituency may hold office for a period of three years. | |
(2) Such a member is to be eligible for re-election at the end of that period. | |
(3) But a person elected to membership of the board ceases to hold office if he | |
ceases to be a member of the relevant constituency. | 5 |
10 The corporation may pay travelling and other expenses to members of the | |
board of governors at rates decided by the corporation. | |
11 The constitution is to provide for the chairman of the corporation or (in his | |
absence) another person to preside at meetings of the board of governors. | |
12 (1) The constitution is to provide for meetings of the board of governors to be | 10 |
open to members of the public. | |
(2) But the constitution may provide for members of the public to be excluded | |
from a meeting for special reasons. | |
13 (1) The constitution is to make provision as to— | |
(a) the conduct of elections for membership of the board, | 15 |
(b) the appointment of persons to membership, | |
(c) the practice and procedure of the board, | |
(d) the removal of a member from office. | |
(2) The constitution may make further provision about the board. | |
Directors | 20 |
14 (1) A public benefit corporation is to have a board of directors. | |
(2) The constitution is to provide for all the powers of the corporation to be | |
exercisable by the board of directors on its behalf. | |
(3) But the constitution may provide for any of those powers to be delegated to | |
a committee of directors or to an executive director. | 25 |
15 (1) The board is to consist of— | |
(a) executive directors, one of whom is to be the chief executive and | |
another the finance director, | |
(b) non-executive directors, one of whom is to be the chairman. | |
(2) A person may not be appointed as an executive director if he is within | 30 |
paragraph 7(1). | |
(3) A person may be appointed as a non-executive director only if— | |
(a) he is a member of the public constituency, or | |
(b) where any of the corporation’s hospitals includes a medical or dental | |
school provided by a university, he exercises functions for the | 35 |
purposes of that university, | |
and he is not within paragraph 7(1). | |
16 (1) It is for the board of governors at a general meeting to appoint or remove the | |
chairman and the other non-executive directors.
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Removal of a non-executive director under this sub-paragraph requires | 40 |
the approval of three-quarters of the members of the board. | |
(2) It is for the non-executive directors to appoint or remove the chief executive. | |
(3) It is for the chief executive to appoint or remove the executive directors. | |
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(4) An appointment or removal under sub-paragraph (2) or (3) requires the | |
approval of a majority of the board of governors voting at a general meeting. | |
17 (1) It is for the board of governors at a general meeting to decide the | |
remuneration and allowances, and the other terms and conditions of office, | |
of the non-executive directors. | 5 |
(2) The corporation is to establish a committee of non-executive directors to | |
decide the remuneration and allowances, and the other terms and | |
conditions of office, of the executive directors. | |
Register of members etc. | |
18 (1) A public benefit corporation is to have— | 10 |
(a) a register of members showing, in respect of each member, the | |
constituency to which he belongs, | |
(b) a register of members of the board of governors, | |
(c) a register of directors, | |
(d) a register of interests of the directors. | 15 |
(2) The constitution may make further provision about the registers including, | |
in particular, admission to, and removal from, the registers. | |
19 The constitution is to make provision for dealing with conflicts of interest of | |
the directors. | |
20 (1) The following documents of a public benefit corporation are to be available | 20 |
for inspection by members of the public free of charge at all reasonable | |
times— | |
(a) a copy of the current constitution, | |
(b) a copy of the current authorisation, | |
(c) the registers mentioned in paragraph 18, | 25 |
(d) a copy of the latest annual accounts and of any report of the auditor | |
on them, | |
(e) a copy of the latest annual report, | |
(f) a copy of the latest information as to its forward planning, | |
(g) a copy of any notice given under section 23. | 30 |
(2) Any person who requests it is to be provided with a copy of or extract from | |
any of the above documents. | |
(3) If the person requesting the copy or extract is not a member of the | |
corporation, the corporation may impose a reasonable charge for doing so. | |
Auditor | 35 |
21 (1) A public benefit corporation is to have an auditor. | |
(2) It is for the board of governors to appoint or remove the auditor at a general | |
meeting of the board. | |
(3) But a person may not be appointed as auditor unless he (or, in the case of a | |
firm, each of its members) is a member of one or more of the following | 40 |
bodies— | |
(a) the bodies mentioned in section 3(7)(a) to (e) of the Audit | |
Commission Act 1998 (c. 18), | |
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(b) any other body of accountants established in the United Kingdom | |
and for the time being approved by the regulator for the purposes of | |
this paragraph. | |
(4) The corporation is to establish a committee of non-executive directors to | |
monitor the exercise of the auditor’s functions. | 5 |
Accounts | |
22 (1) A public benefit corporation is to keep accounts in such form as the regulator | |
may with the approval of the Treasury direct. | |
(2) The accounts are to be audited by the corporation’s auditor. | |
(3) But the Comptroller and Auditor General may examine— | 10 |
(a) the accounts, | |
(b) any records relating to them, and | |
(c) any report of the auditor on them. | |
(4) In auditing the accounts the auditor is to comply with any directions given | |
by the regulator as to the standards, procedures and techniques to be | 15 |
adopted. | |
23 (1) A public benefit corporation is to prepare in respect of each financial year | |
annual accounts in such form as the regulator may with the approval of the | |
Treasury direct. | |
(2) In preparing its annual accounts, the corporation is to comply with any | 20 |
directions given by the regulator with the approval of the Treasury as to— | |
(a) the methods and principles according to which the accounts are to be | |
prepared, | |
(b) the information to be given in the accounts. | |
(3) In determining the form and content of the annual accounts the regulator is | 25 |
to aim to ensure that the accounts present a true and fair view. | |
(4) The corporation must— | |
(a) lay a copy of the annual accounts, and any report of the auditor on | |
them, before Parliament, and | |
(b) once it has done so, send copies of those documents to the regulator | 30 |
and the registrar of companies. | |
(5) In this paragraph and paragraph 25 “financial year” means— | |
(a) the period beginning with the date on which the corporation is | |
authorised under section 6 and ending with the next 31st March, and | |
(b) each successive period of twelve months beginning with 1st April. | 35 |
Annual reports and forward plans | |
24 (1) A public benefit corporation is to prepare annual reports and send them to | |
the regulator and the registrar of companies. | |
(2) The reports are to give— | |
(a) information on any steps taken by the corporation to secure that | 40 |
(taken as a whole) the actual membership of its public constituency | |
is representative of those eligible for such membership, | |
(b) any other information the regulator requires. | |
(3) It is for the regulator to decide— | |
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(a) the form of the reports, | |
(b) when the reports are to be sent to him, | |
(c) the periods to which the reports are to relate. | |
25 (1) A public benefit corporation is to give information as to its forward planning | |
in respect of each financial year to the regulator. | 5 |
(2) The information is to be prepared by the directors after consulting the board | |
of governors. | |
Meeting of board of governors to consider annual accounts and reports | |
26 The following documents are to be presented to the board of governors of a | |
public benefit corporation at a general meeting— | 10 |
(a) the annual accounts, | |
(b) any report of the auditor on them, | |
(c) the annual report. | |
Instruments etc. | |
27 (1) The constitution is to make provision for the authentication of the fixing of | 15 |
the corporation’s seal. | |
(2) A document purporting to be duly executed under the corporation’s seal or | |
to be signed on its behalf is to be received in evidence and, unless the | |
contrary is proved, taken to be so executed or signed. | |
Schedule 2 | 20 |
Section 2 | |
Independent Regulator of NHS Foundation Trusts | |
Regulator’s terms of appointment | |
1 (1) The regulator holds office for the period determined by the Secretary of State | |
on his appointment (or re-appointment) to the office. | |
(2) But— | 25 |
(a) the regulator may at any time resign his office by giving notice to the | |
Secretary of State, | |
(b) the Secretary of State may at any time remove him from office on the | |
ground of incapacity or misbehaviour. | |
(3) Subject to that, the regulator holds and vacates office on the terms | 30 |
determined by the Secretary of State. | |
Remuneration and pensions | |
2 (1) The Secretary of State is to pay to the regulator— | |
(a) such remuneration, and | |
(b) such travelling and other allowances, | 35 |
as the Secretary of State may determine. | |
(2) In the case of any such person who holds or has held office as regulator as | |
the Secretary of State may determine, the Secretary of State is to pay— | |
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