Health Act 2006 (c. 28)

(The document as of February, 2008)

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(d) for the purposes of any relevant disciplinary proceedings, or

(e) in accordance with an enactment or order of a court or tribunal.

(4) In subsection (3)--

(a) paragraphs (a) and (b) apply whether or not the appropriate national authority concerned is the one mentioned in subsection (1), and

(b) "relevant disciplinary proceedings" means disciplinary proceedings conducted in relation to an individual by--

(i) an NHS body, statutory health body or health service provider, or

(ii) any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (bodies within remit of Council for the Regulation of Health Care Professionals).

(5) Where information to which this section applies is disclosed to any person in accordance with subsection (3), the information must not be used or further disclosed except--

(a) for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or

(b) in accordance with an enactment or order of a court or tribunal.

(6) Information to which this section applies may be disclosed in accordance with subsection (3) despite any obligation of confidence that would otherwise prohibit or restrict the disclosure.

(7) This section does not prohibit any disclosure or use of information relating to a particular person if it is made with the consent of that person.

51 Protection of personal information disclosed for purposes of proceedings

(1) Information obtained from personal records produced in compliance with a notice under section 46 is "protected information" for the purposes of this section if--

(a) a person ("the discloser"), in accordance with section 50(3), discloses the information for the purposes of any proceedings, and

(b) either--

(i) the identity of the individual in question can be ascertained from the information itself, or

(ii) the discloser has reasonable cause to believe that it will be possible for a person who obtains the information as a direct or indirect consequence of the disclosure to ascertain the individual's identity from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.

(2) The discloser must take all reasonable steps to ensure that, once disclosed by him in accordance with section 50(3), the protected information is not further disclosed to any person who is not someone to whom it is necessary to disclose the information for any purpose connected with the proceedings mentioned in subsection (1)(a).

(3) In subsection (2) the reference to further disclosure of the information does not include any such disclosure--

(a) by way of evidence in any proceedings, or

(b) in accordance with an enactment or order of a court or tribunal.

(4) The appropriate national authority must make provision, whether in a code of practice issued under section 49 or otherwise, for requiring any person disclosing protected information in accordance with section 50(3) to ensure, by the use of a distinguishing mark or in some other way, that the information is clearly identified as protected information for the purposes of this section.

(5) Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless--

(a) the whole of the proceedings are held in private, or

(b) in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).

(6) If, on an application by a party to--

(a) proceedings before a court, or

(b) proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,

the court or tribunal is satisfied that it is in the interests of justice for any information that appears to be protected information to be disclosed by way of evidence in the proceedings, it may give permission for the information to be so disclosed, on such terms as it thinks fit.

(7) When determining such an application, the court or tribunal must consider whether, in the interests of protecting the identity of the individual to whom the information relates, the whole or part of the proceedings should be held in private.

(8) If the court or tribunal is satisfied that the whole or part of the proceedings should be held in private, it must give such directions, or take such other steps, as appear to it to be appropriate.

(9) In this section "proceedings" means--

(a) criminal or civil proceedings, or

(b) relevant disciplinary proceedings (as defined by section 50(4)).

Offences

52 Offences in connection with production of documents

(1) A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 46 or 47.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction--

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 3 on the standard scale,

or to both.

(3) If a person is convicted of an offence under subsection (1) in respect of a failure to produce a document and the failure continues after the date of his conviction, the person--

(a) commits a further offence, and

(b) is liable on summary conviction to a fine not exceeding 2% of level 3 on the standard scale for each day on which the failure so continues.

(4) A person commits an offence if, in purported compliance with any requirement imposed on him under section 47--

(a) he makes a statement which is false or misleading, and

(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.

"False or misleading" means false or misleading in a material particular.

(5) A person guilty of an offence under subsection (4) is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

53 Offences relating to disclosure or use of information

(1) A person commits an offence if he fails to comply with section 50(2) or (5) or section 51(2).

(2) A person guilty of an offence under subsection (1) is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.

(3) It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence--

(a) any of the circumstances in subsection (4) applied, or

(b) he reasonably believed that they applied.

(4) The circumstances referred to in subsection (3) are--

(a) that the disclosure was lawful,

(b) that the information had already been lawfully made available to the public,

(d) that the disclosure was made in a form in which no person to whom the information relates is identified.

(5) Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either--

(a) from the information itself, or

(b) from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.

Supplementary

54 Manner in which disclosure notice may be served

(1) This section provides for the manner in which a notice may be served under section 46.

(2) The notice may be served on a person by--

(a) delivering it to him;

(b) leaving it at his proper address;

(3) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that--

(a) in the case of a notice to be served on the secretary, clerk or similar officer of a body corporate, it is the address of the registered office of that body or its principal office in the United Kingdom,

(b) in the case of a notice to be served on a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership in the United Kingdom, and

(c) in the case of a notice to be served on an officer of an unincorporated association (other than a partnership), it is the address of the principal office of the association in the United Kingdom.

55 Interpretation

(1) In this Chapter--

"authorised officer", in relation to any function, means (subject to subsection (5)) an officer of the appropriate national authority authorised by the authority to act in exercise of the function;
"document" means anything in which information of any description is recorded;
"employed" means employed whether under a contract of service or a contract for services or otherwise, and whether for remuneration or not;
"functions to which this Chapter applies" has the meaning given by section 44(4);
"health service provider", "NHS body" and "NHS contractor" have the meanings given by section 45;
"personal records" has the meaning given by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);
"statutory health body" has the meaning given by section 45.

(2) Other expressions used in this Chapter which are also used in the 1977 Act have the same meanings as in that Act.

(3) References in this Chapter to the provision of services--

(a) in relation to statutory health bodies, health service providers or NHS contractors, include references to the provision of goods or facilities, and

(b) include references to the provision of services (or goods or facilities) wherever that takes place.

(4) In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.

(5) Where functions of the appropriate national authority are exercisable by a Special Health Authority by virtue of directions under section 48--

(a) references in this Chapter to authorised officers include officers of the Special Health Authority authorised by or on behalf of the Authority to act in exercise of the functions, and

(b) references in this Chapter to information held or disclosed by or on behalf of the appropriate national authority include information held or disclosed by or on behalf of the Special Health Authority.

Chapter 4 Audit

56 Accounts and audit

(1) For section 98 of the 1977 Act substitute--

" 98 Accounts and audit

Schedule 12B to this Act makes provision about the accounts of certain health service bodies and the auditing of such accounts. "

(2) After Schedule 12A to that Act insert, as Schedule 12B, the Schedule set out in Schedule 3 to this Act.

Part 5 Appointments Commission

The Appointments Commission

57 The Appointments Commission

(1) There is to be a body corporate known as the Appointments Commission.

(2) The Commission is to have the functions conferred on it by or under this or any other Act.

(3) Schedule 4 makes further provision about the Commission.

(4) The National Health Service Appointments Commission is abolished on the appointed day.

(5) "The appointed day" means the day appointed under section 83 for the coming into force of subsection (4).

Delegation of appointment functions

58 Commission to exercise Secretary of State's appointment functions

(1) The Commission is to exercise so much of any function of the Secretary of State relating to the appointment of any persons within subsection (2), (3) or (4) as may be specified in a direction given by the Secretary of State.

(2) The persons within this subsection are--

(a) chairmen and non-executive members of Strategic Health Authorities, Primary Care Trusts, NHS trusts or Special Health Authorities;

(b) trustees for NHS trusts or Primary Care Trusts; and

(c) special trustees to which section 95 of the 1977 Act applies (special trustees for university and teaching hospitals).

(3) The persons within this subsection are chairmen and non-executive members of any of the statutory bodies listed in Schedule 5.

(4) The persons within this subsection are chairmen and non-executive members of any other body (however established) which has functions relating to--

(a) health,

(b) social care, or

(5) For the purposes of subsection (4) it is immaterial--

(a) that a body has functions relating to matters other than those specified in that subsection, or

(b) that the body's functions are not exercisable only in relation to England.

59 Cases where appointment functions exercisable jointly etc.

(1) This section applies if a function of the Secretary of State relating to the appointment of any persons within section 58(2), (3) or (4) is exercisable by the Secretary of State jointly or concurrently with--

(a) a devolved authority, or

(b) any other person who is not a Minister of the Crown.

(2) A requirement to exercise the function jointly or concurrently does not prevent the Secretary of State from giving a direction under section 58 in respect of the function, but he must not do so unless he first consults the devolved authority or other person.

(3) If the Secretary of State gives such a direction, so much of the functions of the Secretary of State and the devolved authority or other person as is specified in the direction is exercisable by the Commission acting alone.

(4) Subsections (2) and (3) do not apply if the function is exercisable jointly or concurrently with the Scottish Ministers, but the Secretary of State may nevertheless give a direction under section 58 in respect of the exercise of any function that he has.

60 Commission to exercise Privy Council's appointment functions

(1) The Commission is to exercise so much of any function of the Privy Council relating to the appointment of members to any of the regulatory bodies listed in Schedule 6 as may be specified in a direction given by the Privy Council.

(2) The Commission is to exercise so much of any function of the Privy Council relating to the appointment of members to the Council of the Royal Pharmaceutical Society of Great Britain as may be specified in a direction given by the Privy Council.

61 Commission to exercise Assembly's appointment functions

The Commission is to exercise so much of any function of the National Assembly for Wales relating to the appointment of members to the Commission for Healthcare Audit and Inspection or the Health Protection Agency as may be specified in a direction given by the Assembly.

62 Exercise of appointments functions

(1) This section applies where any function is exercisable by the Commission in relation to an appointment by virtue of a direction under section 58, 60 or 61.

(2) Subject to the following provisions of this section, the function is exercisable by the Commission in relation to the appointment in such manner as it thinks fit, having regard to the provisions of any enactment or instrument relating to the making of the appointment (as they have effect in accordance with subsection (3)).

(3) References in any such provisions to things done, or falling to be done, by or in relation to the Secretary of State, the Privy Council or the National Assembly for Wales have effect, so far as necessary in connection with the function being exercisable by the Commission, as references to things done, or falling to be done, by or in relation to the Commission.

(4) The direction mentioned in subsection (1) may contain provisions relating to the manner in which the function is to be exercised.

(5) Those provisions may, in particular, include provisions relating to--

(a) matters to which the Commission is to have regard,

(b) any criteria to be used, or

in relation to making appointments in exercise of the function.

(6) The Commission must take into account any guidance which--

(a) is issued by the Commissioner for Public Appointments or any government department, and

(b) relates to the making of appointments to public bodies.

Other functions

63 Commission to assist other bodies with appointments

(1) The Commission may enter into arrangements under subsection (2) with the board of governors of an NHS foundation trust.

(2) Arrangements under this subsection are arrangements providing for the Commission to assist the board in connection with the exercise of their powers relating to--

(a) the appointment of the chairman and non-executive directors under paragraph 17 of Schedule 1 to the 2003 Act; or

(b) the appointment of the initial chairman and the initial non-executive directors in accordance with paragraph 19 of that Schedule.

(3) The Commission may enter into arrangements under subsection (4) with--

(a) any Minister of the Crown exercising functions in relation to England, or

(b) any officer acting on behalf of such a Minister.

(4) Arrangements under this subsection are arrangements providing for the Commission to assist the Minister or officer in connection with the exercise by him of any power relating to--

(a) the appointment of the chairman of any body specified in the arrangements, or

(b) the appointment of non-executive members of such a body.

(5) For the purposes of subsections (3) and (4) it is immaterial that the body's functions are not exercisable only in relation to England.

(6) But arrangements may not be entered into under subsection (4) in relation to any powers that are exercisable by a Minister of the Crown jointly or concurrently with, or after consultation with--

(a) a devolved authority, or

(b) any other person who is not a Minister of the Crown.

(7) In this section--

(a) "arrangements" means arrangements, whether contractual or otherwise;

(b) references to assistance in connection with the exercise of any power of appointment do not include the making of any appointment.

64 Functions connected with appointments to bodies to which section 58 or 60 applies

(1) The Commission may provide chairmen and non-executive members of relevant bodies with general advice on matters relating to recruitment, selection, appraisal, training or development and conditions of service (including remuneration).

(2) The Commission may provide persons appointed by it to be chairmen and non-executive members of relevant bodies with mentoring and other assistance in relation to the exercise of their functions.

(3) The Commission may provide chairmen and executive and non-executive members of relevant bodies with training in connection with their respective roles and responsibilities.

(4) Arrangements under section 63(2) or (4) may provide for the Commission to exercise functions corresponding to those in subsection (1), (2) or (3) above in relation to the persons in connection with whose appointments the Commission provides assistance under the arrangements.

(5) In this section "relevant body" means any body in relation to which a direction is in force under section 58 or 60.

65 Prescribed functions

(1) Regulations may make provision for or in connection with conferring functions on the Commission in relation to appointments to applicable bodies and matters relating to such appointments.

(2) The functions which may be so conferred include--

(a) administering schemes relating to the payment, to chairmen and non-executive members of applicable bodies, of remuneration and allowances falling to be determined by the Secretary of State;

(b) publishing or otherwise making available information as to the terms and conditions applying to chairmen and non-executive members of applicable bodies, including information as to such remuneration and allowances;

(c) assisting the Secretary of State in connection with the implementation of decisions as to the payment of such remuneration to such persons;

(d) advising the Secretary of State in connection with the payment of such allowances to such persons;

(e) advising the Secretary of State generally on matters relating to appointments to applicable bodies.

(3) Nothing in subsection (2) is to be read as prejudicing the generality of subsection (1).

Functions: supplementary

66 Exercise of functions

(1) The Commission must exercise its functions--

(a) efficiently and cost-effectively, and

(b) in such a way as to ensure the maintenance of public confidence in the making of appointments to public bodies.

(2) In connection with the exercise of its functions the Commission may--

(a) engage in or commission research;

(b) obtain and analyse data and other information;

(d) provide information, advice and guidance, whether generally or to such bodies or persons as it may determine.

(3) The information, advice and guidance which may be provided as mentioned in subsection (2)(d) includes--

(a) information relating to appointments to applicable bodies, and

(b) advice and guidance on matters relating to appointments to applicable bodies or the governance of such bodies.

(4) The Commission may do anything which it thinks is--

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

(5) The power under subsection (4) includes power--

(a) to enter into contracts;

(b) to acquire, and dispose of, land and other property;

(d) to develop and make available for sale (otherwise than for profit) material for use in connection with appointments to applicable bodies;

(e) to provide accommodation.

(6) The power under subsection (4) is not restricted by subsection (2), but--

(a) so far as it relates to functions conferred on the Commission under section 61, is exercisable subject to directions given by the National Assembly for Wales;

(b) so far as it relates to any other functions of the Commission, is exercisable subject to directions given by the Secretary of State.

Reports etc.

67 Annual reports

(1) The Commission must prepare in respect of each financial year a report relating to its performance of its functions during that year.

(2) The report must in particular--

(a) set out the practices adopted by the Commission during the year with a view to ensuring equal opportunities,

(b) contain information about complaints made to the Commission during the year, and about how complaints made to the Commission were resolved during the year, and

(3) The Commission must--

(a) send the Secretary of State and the National Assembly for Wales copies of the report as soon as possible after the end of the year, and

(b) publish the report in such manner as the Commission considers appropriate.

(4) The Secretary of State must lay before each House of Parliament a copy of every report sent to him under subsection (3).

68 Other reports and information

(1) If requested to do so by--

(a) the Secretary of State,

(b) the Privy Council,

(d) the Commissioner for Public Appointments,

the Commission must provide him or it with such a report or information relating to any aspect of the Commission's performance of its functions as is specified in the request.

(2) If requested to do so by the National Assembly for Wales, the Commission must provide it with such a report or information relating to any aspect of the Commission's performance of its functions under section 61 as is specified in the request.

(3) If requested to do so by a body to which this subsection applies, the Commission must provide the body with such a report or information relating to the Commission's performance of its functions in relation to the body as is specified in the request.

(4) Subsection (3) applies to any body in relation to which--

(a) functions are exercisable by the Commission by virtue of a direction under section 58, 60 or 61, or

(b) arrangements are in force under section 63.

Miscellaneous and supplementary

69 Transfer of staff and property etc.

Schedule 7 makes provision in relation to the transfer to the Appointments Commission of staff, property, rights and liabilities of the National Health Service Appointments Commission.

70 Directions

(1) Any direction given by the Secretary of State, the Privy Council or the National Assembly for Wales under this Part--

(a) must be given in writing, and

(b) may be varied or revoked by a subsequent such direction.

(2) Where a function of the Secretary of State, the Privy Council or the Assembly is exercisable by the Commission by virtue of a direction under this Part, the direction does not preclude the Secretary of State, the Privy Council or the Assembly (as the case may be) from exercising the function.

(3) Section 126(4) of the 1977 Act (supplementary provisions about subordinate legislation) applies in relation to any power to give directions under this Part as it applies in relation to the powers mentioned in that subsection.

71 Interpretation

(1) In this Part--

"applicable body" is to be read in accordance with subsections (4) and (5);
"appointment" is to be read in accordance with subsections (2) and (3);
"the Commission" means the Appointments Commission;
"devolved authority" is to be read in accordance with subsection (7);
"financial year", in relation to the Commission, means--
(a)
the period starting on the day the Commission is established and ending with the next 31st March, or
(b)
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