National Health Service Reform and Health Care Professions Act 2002 (c. 17)

(The document as of February, 2008)

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(2) Without prejudice to sub-paragraph (1) above--

(a) all the rights, powers, duties and liabilities of the body from which an employee is transferred under paragraph 22 above under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the Local Health Board to which the employee is transferred under that paragraph; and

(b) anything done before the date of the transfer by or in relation to the body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the Local Health Board to which he is transferred.

(3) Sub-paragraphs (1) and (2) above do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the body from which they would be transferred, or the Local Health Board to which they would be transferred, that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3) above his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

(5) This paragraph is without prejudice to any right of an employee to which paragraph 22 above applies to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise merely because, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

24 (1) Where an employee is to be transferred by an order under paragraph 22 above but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and the employee and the Local Health Board in question.

(2) Where an employee's contract of employment is divided as provided under sub-paragraph (1) above, the order shall provide for paragraph 23 above to have effect in the case of the employee and his contract of employment subject to appropriate modifications.

25 Where a Local Health Board is dissolved, an order under paragraph 19 above includes power to transfer employees of the Board and the order may make any provision in relation to the transfer of those employees which is or may be made in relation to the transfer of employees under paragraph 22 above.

Interpretation

26 In this Schedule, "NHS trust in Wales" means an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales. "

Section 6(2)

SCHEDULE 5 Amendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted--

" (gh) Local Health Boards; " .

The Health Services and Public Health Act 1968 (c. 46)

2 (1) Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

(2) In subsection (1)(a), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board".

(3) In subsection (5A), for "or Primary Care Trust", in both places, there is substituted ", Primary Care Trust or Local Health Board".

(4) In subsection (5B), the "and" at the end of paragraph (bb) is omitted, and after that paragraph there is inserted--

" (bbb) Local Health Boards; and " .

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

3 In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)--

(a) for "1978 and" there is substituted "1978,", and

(b) after "1977" there is inserted "and a Local Health Board established under section 16BA of that Act".

The 1977 Act

4 The 1977 Act is amended as follows.

5 In section 16 (exercise of functions), in subsection (2)(c), after "Trusts" there is inserted ", Local Health Boards".

6 In section 16B (exercise of functions by Primary Care Trusts), in subsection (2)(c), after "NHS trusts" there is inserted ", Local Health Boards".

7 In section 16C (advice for Health Authorities and Primary Care Trusts), in subsection (2), after "Primary Care Trusts" there is inserted "and Local Health Boards".

8 In section 22 (co-operation between health authorities and local authorities), in subsection (1A), the "or" at the end of paragraph (c) is omitted and after that paragraph there is inserted--

" (cc) a Local Health Board; or " .

9 In section 23 (voluntary organisations and other bodies), in subsection (2), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board".

10 In section 26 (supply of goods and services by Secretary of State), in subsection (1)(b), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board".

11 In section 27 (conditions of supply under section 26)--

(a) in subsection (1), for "or Primary Care Trust", in both places, there is substituted ", Primary Care Trust or Local Health Board", and

(b) in subsection (3), for "and Primary Care Trusts" there is substituted ", Primary Care Trusts and Local Health Boards".

12 In section 28 (supply of goods and services by local authorities)--

(a) in subsection (1), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board", and

(b) in subsection (3), after "Primary Care Trusts", in both places, there is inserted ", Local Health Boards".

13 In section 28A (power to make payments towards expenditure on community services)--

(a) in subsection (1)--

(i) the "and" at the end of paragraph (a) is omitted, and

(ii) at the end of paragraph (b) there is inserted "; and", and after that paragraph there is inserted--

" (c) a Local Health Board. " , and

(b) in subsection (2B), after "Primary Care Trust" there is inserted ", Local Health Board".

14 In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), in the definition of "relevant NHS body", after "Primary Care Trust" there is inserted "or Local Health Board".

15 In section 51 (university clinical teaching and research)--

(a) in subsection (2), for "or Primary Care Trust", in both places, there is substituted ", Primary Care Trust or Local Health Board", and

(b) in subsection (3), the "and" at the end of paragraph (bb) is omitted and after that paragraph there is inserted--

" (bbb) Local Health Boards; and " .

16 In section 84A (intervention orders), in subsection (2), after paragraph (d) there is inserted--

" (e) Local Health Boards. "

17 In section 84B (intervention orders: effect), in subsection (1), in each of paragraphs (a) and (b), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board".

18 In section 85 (Secretary of State's default powers), in subsection (1), after paragraph (bb) there is inserted--

" (bbb) a Local Health Board; " .

19 In section 92 (further transfers of trust property), in subsection (1A), after paragraph (c) there is inserted--

" (cc) a Local Health Board; " .

20 In section 96A (power of health authorities etc to raise money), in each of subsections (1), (3), (4), (7), (8) and (9), after "Special Health Authority", in each place where it occurs, there is inserted ", Local Health Board".

21 In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted--

" (bbb) every Local Health Board; " .

22 In section 99 (regulation of financial arrangements), in subsection (1), after paragraph (ba) there is inserted--

" (bb) Local Health Boards; " .

23 In section 125 (protection of members and officers of authorities), the "and" at the end of paragraph (bb) is omitted and after that paragraph there is inserted--

" (bbb) a Local Health Board; and " .

24 In paragraph 2 of Schedule 7 (which makes additional provision in relation to Community Health Councils)--

(a) in sub-paragraphs (d) and (e), after "Primary Care Trusts", in each place where it occurs, there is inserted ", Local Health Boards", and

(b) in sub-paragraphs (f) and (g), for "and Primary Care Trusts" there is substituted ", Primary Care Trusts and Local Health Boards".

The Acquisition of Land Act 1981 (c. 67)

25 In section 16 of the Acquisition of Land Act 1981 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), the "and" at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted " and

(d) a Local Health Board established under section 16BA of that Act; " .

The Hospital Complaints Procedure Act 1985 (c. 42)

26 In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after "Trust", where it first occurs, there is inserted "and Local Health Board", and in the second place where it occurs there is inserted "or Local Health Board".

The Income and Corporation Taxes Act 1988 (c. 1)

27 In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies), in subsection (2), after paragraph (ab) there is inserted--

" (aba) a Local Health Board; " .

The Housing Act 1988 (c. 50)

28 In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after "1990," there is inserted "or by a Local Health Board,".

The Road Traffic Act 1988 (c. 52)

29 In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after "1977" there is inserted ", by a Local Health Board established under section 16BA of that Act".

The National Health Service and Community Care Act 1990 (c. 19)

30 The National Health Service and Community Care Act 1990 is amended as follows.

31 In section 4 (NHS contracts), in subsection (2), after paragraph (bb) there is inserted--

" (bbb) a Local Health Board; " .

32 In section 8 (transfer of property, rights and liabilities to NHS trust)--

(a) in subsections (1), (2), (3) and (5), for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board", and

(b) in subsection (6)--

(i) in paragraph (a), after "Health Authority" there is inserted ", Local Health Board", and

(ii) for "or Primary Care Trust" there is substituted ", Primary Care Trust or Local Health Board".

33 In section 21 (schemes for meeting losses and liabilities of certain health service bodies), in subsection (2), after paragraph (aaa) there is inserted--

" (aab) Local Health Boards; " .

34 In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after "Health Authority" there is inserted ", Local Health Board".

35 In section 61 (health service bodies: taxation), in subsection (3), after "Primary Care Trust" there is inserted "or Local Health Board".

36 (1) Schedule 2 (National Health Service trusts) is amended as provided in this paragraph.

(2) In paragraph 4, for "or Primary Care Trust", in both places, there is substituted ", Primary Care Trust or Local Health Board".

(3) In paragraph 13, after "Primary Care Trust" there is inserted "or Local Health Board".

(4) In paragraph 30(1), after paragraph (bbb) there is inserted--

" (bbc) a Local Health Board, or " .

The Welsh Language Act 1993 (c. 38)

37 In section 6 of the Welsh Language Act 1993 (meaning of "public body"), in subsection (1), after paragraph (f) there is inserted--

" (ff) a Local Health Board established under section 16BA of the National Health Service Act 1977; " .

The Health Service Commissioners Act 1993 (c. 46)

38 In the Health Service Commissioners Act 1993, in section 2 (bodies subject to investigation), in subsection (2), for paragraph (aa) there is substituted--

" (aa) Local Health Boards, " .

The Vehicle Excise and Registration Act 1994 (c. 22)

39 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted " or

(e) a Local Health Board established under section 16BA of that Act. "

The Value Added Tax Act 1994 (c. 23)

40 In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after "Primary Care Trust" there is inserted "and a Local Health Board".

The Data Protection Act 1998 (c. 29)

41 In section 69 of the Data Protection Act 1998 (meaning of "health professional"), in subsection (3), after paragraph (bb) there is inserted--

" (bbb) a Local Health Board established under section 16BA of that Act, " .

The Government of Wales Act 1998 (c. 38)

42 (1) The Government of Wales Act 1998 is amended as provided in this paragraph.

(2) In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted--

" 25A A Local Health Board. "

(3) In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted--

" 12A A Local Health Board. "

The 1999 Act

43 The 1999 Act is amended as follows.

44 In section 20 (functions of the Commission for Health Improvement), after subsection (7) there is inserted--

" (8) If a Local Health Board has responsibility for any health care--

(a) paragraphs (a), (b) and (c) of subsection (1) are to be read as if they included a reference to that Local Health Board as well as to the bodies which are mentioned there, and

(b) the definition of "NHS body" in subsection (7) is to be read as if it included a reference to that Local Health Board. "

45 In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of "NHS body", after "Primary Care Trust" there is inserted ", Local Health Board".

The Care Standards Act 2000 (c. 14)

46 In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of "National Health Service body", for "or a Primary Care Trust" there is substituted ", a Primary Care Trust or a Local Health Board".

The Learning and Skills Act 2000 (c. 21)

47 In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted--

" (ba) a Local Health Board, " .

The Freedom of Information Act 2000 (c. 36)

48 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted--

" 39A A Local Health Board established under section 16BA of the National Health Service Act 1977. "

The Health and Social Care Act 2001 (c. 15)

49 The Health and Social Care Act 2001 is amended as follows.

50 In section 7 (functions of overview and scrutiny committees), in subsection (4), after "Primary Care Trust" there is inserted ", Local Health Board".

51 In section 46 (directed partnership arrangements), in subsection (5), in the definition of "NHS body", after "Primary Care Trust" there is inserted ", Local Health Board".

Section 20(11)

SCHEDULE 6 The Commission for Patient and Public Involvement in Health

Status

1 The Commission for Patient and Public Involvement in Health ("the Commission") is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

Powers

2 (1) Subject to any directions given by the Secretary of State, the Commission 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.

(2) That includes, in particular--

(a) acquiring and disposing of land and other property, and

(b) entering into contracts.

Membership

3 The Commission is to consist of a chairman appointed by the Secretary of State, and a number of other members.

Appointment, procedure etc

4 (1) The Secretary of State may by regulations make provision as to--

(a) the appointment of the chairman and other members of the Commission (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment, and the terms of their appointment),

(b) the tenure of office of the chairman and other members of the Commission (including circumstances in which they cease to hold office or may be removed or suspended from office),

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission),

(d) the procedure of the Commission and any of its committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment).

(2) The regulations may, in particular, make provision to deal with cases where the post of any officer of the Commission is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

5 The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (access to meetings and documents), with or without modifications.

6 (1) The Secretary of State may direct a Special Health Authority to exercise--

(a) his function of appointing the chairman under paragraph 3, and

(b) any functions conferred on him by regulations made under paragraph 4 in relation to the appointment or the tenure of office of the chairman and the other members.

(2) If he does so, the 1977 Act has effect as if--

(a) the directions were directions of the Secretary of State under section 16D of that Act, and, accordingly,

(b) the functions were exercisable by the Special Health Authority under section 16D.

Remuneration and allowances

7 (1) The Commission may pay to its chairman and to any other member such remuneration and allowances as the Secretary of State may determine.

(2) The Commission may pay to any member of a committee or sub-committee such allowances as the Secretary of State may determine.

(3) If the Secretary of State so determines, the Commission must pay, or make provision for the payment of, such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Commission.

(4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Commission to receive compensation, the Commission must pay to him such compensation as the Secretary of State may determine.

Staff

8 (1) There is to be a Chief Executive of the Commission who is to be an employee of the Commission and is to be responsible to the Commission for the general exercise of the Commission's functions.

(2) Subject to sub-paragraph (3), the Chief Executive is to be appointed by the Commission.

(3) The first Chief Executive is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.

(4) The Commission may appoint such other employees as it considers appropriate, on such terms and conditions as the Commission may determine.

Delegation of functions

9 The Commission may arrange for the discharge of any of its functions by a committee, sub-committee, member or employee of the Commission.

Assistance

10 (1) The Commission may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to the Commission

11 (1) The Secretary of State may make payments out of money provided by Parliament to the Commission of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) The Secretary of State may make loans out of money provided by Parliament to the Commission on such terms (including terms as to repayment and interest) as he may determine.

(3) The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (2).

(4) The Secretary of State may give directions to the Commission as to the application of any sums he pays it under sub-paragraph (1) or (2), and the Commission must comply with any such directions.

Accounts and audit

12 (1) The Commission must keep accounts in such form as the Secretary of State may determine.

(2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The Commission must send copies of the annual accounts to the Secretary of State and 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 determine.

(4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(5) In this paragraph, "financial year" means--

(a) the period beginning with the date on which the Commission is established and ending with the next 31st March, and

(b) each successive period of 12 months ending with 31st March.

Reports and other information

13 (1) The Commission shall--

(a) prepare a report in relation to its activities in each financial year,

(b) as soon as possible after the end of each financial year, send a copy of its report for that year to the Secretary of State,

(d) make such other reports to the Secretary of State, and supply to him such information, as he may require.

(2) The Secretary of State shall lay before Parliament any report he receives under sub-paragraph (1)(b).

(3) The Secretary of State may make regulations providing for the Commission to make other reports, in accordance with the regulations, to prescribed persons or descriptions of person.

(4) In this paragraph "financial year" has the meaning given in paragraph 12(5).

Application of seal and evidence

14 The application of the seal of the Commission must be authenticated by the signature--

(a) of any member of the Commission, or

(b) of any other person who has been authorised by the Commission (whether generally or specially) for that purpose.

15 A document purporting to be duly executed under the seal of the Commission 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.

Miscellaneous amendments

16 In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3--

" Commission for Patient and Public Involvement in Health. "

17 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments etc subject to investigation), the following entry is inserted at the appropriate place--

" Commission for Patient and Public Involvement in Health. "

18 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), the following entry is inserted at the appropriate place--

" The Commission for Patient and Public Involvement in Health. "

19 In Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 45A there is inserted--

" 45B The Commission for Patient and Public Involvement in Health. "

Section 25(4)

SCHEDULE 7 The Council for the Regulation of Health Care Professionals

Status

1 The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Council's property is not to be regarded as property of, or property held on behalf of, the Crown.

2 For the purposes of--

(a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b) section 70(6) of that Act (accounts prepared by cross-border bodies),

the Council is to be treated as a cross-border public authority within the meaning of that Act.

Powers

3 The power in section 26(1) includes the power to--

(a) acquire and dispose of land and other property, and

(b) enter into contracts.

Membership and chairman

4 (1) The Council is to consist of--

(a) a member appointed by the National Assembly for Wales,

(b) a member appointed by the Scottish Ministers,

(d) a member appointed by each regulatory body (who need not be a member of a regulatory body), and

(e) other members appointed by the Secretary of State.

(2) Subject to sub-paragraph (3), the members of the Council shall elect one of their number as chairman.

(3) The first chairman shall be appointed as such from among the members by the Secretary of State.

(4) The number of members to be appointed under paragraph (d) of sub-paragraph (1) is to be one fewer than the total number of other members.

Appointment, procedure etc

5 (1) The Secretary of State may direct a Special Health Authority to exercise his function of appointing members of the Council under paragraph 4(1)(e).

(2) If he does so, the 1977 Act has effect as if--

(a) the directions were directions of the Secretary of State under section 16D of that Act, and, accordingly,

(b) the function were exercisable by the Special Health Authority under section 16D.

6 The Secretary of State may by regulations provide for--

(a) the election of the chairman and the appointment of other members of the Council (including any conditions to be fulfilled for appointment),

(b) the tenure of office of the chairman and other members of the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office), and

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Council (including committees and sub-committees which consist of or include persons who are not members of the Council).

7 The Council may regulate its own procedure.

8 The validity of any proceedings of the Council is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Members' interests

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