Health Act 2006 (c. 28)

(The document as of February, 2008)

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Effect of notice and payment

9 (1) Proceedings for the offence in respect of which a penalty notice was given may not be brought before the end of the period for payment of the penalty.

(2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 14 and 15 to be tried for the alleged offence.

10 If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 9(1), no proceedings for the offence may be brought, and paragraph 14 does not apply.

11 If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 14 does not apply.

12 If proceedings have been brought pursuant to a request under paragraph 14, but then the penalty or discounted amount is paid as mentioned in paragraph 10 or 11, those proceedings may not be continued.

13 In any proceedings, a certificate is evidence of the facts which it states if it--

(a) purports to be signed by or on behalf of the person responsible for the financial affairs of the enforcement authority on whose behalf the authorised officer who gave a penalty notice was acting, and

(b) states that payment of the penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate.

Trial

14 If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against him.

15 Any request to be tried must be made--

(a) by notice given to the enforcement authority in question before the end of the period for payment of the penalty,

(b) in the manner specified in the penalty notice.

Withdrawal of notices

16 (1) This paragraph applies if an enforcement authority considers that a penalty notice which an authorised officer acting on its behalf has given to a person ("P") ought not to have been given.

(2) The enforcement authority may give notice to P withdrawing the penalty notice.

(3) If it does so--

(a) it must repay any amount which has been paid by way of penalty in pursuance of the penalty notice, and

(b) no proceedings may be brought or continued against P for the offence in question.

Section 10

SCHEDULE 2 Powers of entry, etc.

1 In this Schedule--

"authorised officer" means authorised officer of an enforcement authority,
"premises" includes any place and any vehicle.

2 An authorised officer has the right to do any of the following, on production (if required) of his written authority--

(a) at any reasonable hour, enter any premises (other than premises used only as a private dwelling house not open to the public) which he considers it is necessary for him to enter for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act,

(b) there carry out such inspections and examinations as he considers necessary for that purpose,

(c) if he considers it necessary for that purpose, require the production of any substance or product, and inspect it, and take and retain samples of or extracts from it,

(d) take possession of any substance or product on the premises, and retain it for as long as he considers necessary for that purpose,

(e) require any person to give him such information, or afford him such facilities and assistance, as he considers necessary for that purpose.

3 An authorised officer may, if he considers it necessary for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act, arrange for any substance, product, sample or extract mentioned in paragraph 2(c) or (d) to be analysed.

4 An authorised officer may make such purchases and secure the provision of such services as he considers necessary for the purpose of the proper exercise of his functions by virtue of Chapter 1 of Part 1 of this Act.

5 A person may not be required under paragraph 2 to give any information which he would be entitled to refuse to give in proceedings in the High Court on grounds of legal professional privilege.

6 (1) A justice of the peace may exercise the power in sub-paragraph (3) if he is satisfied on sworn information in writing--

(a) that for the purpose of the proper exercise of the functions of an enforcement authority under Chapter 1 of Part 1 of this Act there are reasonable grounds for entry into any premises other than premises used only as a private dwelling house not open to the public, and

(b) of either or both of the matters mentioned in sub-paragraph (2).

(2) The matters are--

(a) that admission to the premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant under this Schedule has been given to the occupier or a person who reasonably appears to the enforcement authority to be concerned in the management of the premises,

(b) that an application for admission, or the giving of such notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return.

(3) The justice may by warrant signed by him authorise any authorised officer to enter the premises, if need be by force.

(4) Such a warrant continues in force until the end of the period of one month beginning with the date on which the justice signs it.

7 An authorised officer entering any premises by virtue of paragraph 2, or of a warrant under paragraph 6, may take with him such other persons and such equipment as he considers necessary.

8 If premises which an authorised officer is authorised to enter by a warrant under paragraph 6 are unoccupied, or if the occupier is temporarily absent, then on leaving them that officer must leave the premises as effectively secured against unauthorised entry as he found them.

9 If by virtue of paragraph 2(d) an authorised officer takes possession of anything, he must leave on the premises from which it was taken a statement giving particulars of what he has taken and stating that he has taken possession of it.

10 If a direction of the appropriate national authority has effect under section 10(4), this Schedule has effect, in relation to any case or case of a description specified in the direction, as if references to an authorised officer were to a person acting on behalf of the appropriate national authority.

Section 56

SCHEDULE 3 New Schedule 12B to 1977 Act

" SCHEDULE 12B ACCOUNTS AND AUDIT

English and cross-border NHS bodies

1 (1) The following are English NHS bodies for the purposes of this Schedule--

(a) any Strategic Health Authority;

(b) any Special Health Authority performing functions only or mainly in respect of England;

(d) any NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

(e) any trustees for such an NHS trust appointed in pursuance of section 11 of the National Health Service and Community Care Act 1990 (c. 19);

(f) any special trustees appointed, in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 (c. 32) and section 95(1) of this Act, for a trust all or most of whose hospitals, establishments and facilities are situated in England;

(g) any trustees for a Primary Care Trust appointed in pursuance of section 96B of this Act.

(2) For the purposes of this Schedule a cross-border SHA is a Special Health Authority which neither--

(a) performs functions only or mainly in respect of England, nor

(b) performs functions only or mainly in respect of Wales.

Welsh NHS bodies

2 The following are Welsh NHS bodies for the purposes of this Schedule--

(a) any Special Health Authority performing functions only or mainly in respect of Wales;

(b) any Local Health Board;

(d) any trustees for such an NHS trust appointed as mentioned in paragraph 1(1)(e);

(e) any special trustees appointed as mentioned in paragraph 1(1)(f) for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.

Accounts to be kept by NHS bodies

3 (1) Each English NHS body or cross-border SHA must keep proper accounts and proper records in relation to the accounts.

(2) If the Secretary of State so directs with the approval of the Treasury, the accounts of any such body of a description specified in the direction must be kept in such form as is so specified.

(3) Each Welsh NHS body must keep proper accounts and proper records in relation to the accounts.

(4) If the Assembly so directs with the approval of the Treasury, the accounts of any such body of a description specified in the direction must be kept in such form as is so specified.

(5) This paragraph has effect subject to the exception in paragraph 10(2).

Preparation of annual accounts

4 (1) Each English NHS body or cross-border SHA must prepare in respect of each financial year annual accounts in such form as the Secretary of State may direct with the approval of the Treasury.

This is subject to the exception in paragraph 10(3).

(2) Each Welsh NHS body must prepare in respect of each financial year annual accounts in such form as the Assembly may direct with the approval of the Treasury.

This is subject to the exception in paragraph 10(3).

Auditing of accounts of certain English NHS bodies

5 (1) This paragraph applies to any English NHS body that is not a Special Health Authority (as to which, see paragraph 7).

(2) Any annual accounts prepared by any such body under paragraph 4 are to be audited in accordance with the Audit Commission Act 1998 (c. 18) by an auditor or auditors appointed by the Audit Commission (see section 2(1)(b) of that Act).

(3) The Comptroller and Auditor General may examine--

(a) any such accounts and any records relating to them, and

(b) any report on them by the auditor or auditors.

(4) In this paragraph "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

Transmission of annual accounts

6 (1) Each English NHS body to which paragraph 5 applies must send a copy of any accounts of the body audited as mentioned in paragraph 5(2) to the Secretary of State by the specified date.

(2) If the body is a Primary Care Trust, it must also send a copy of any such accounts to any Strategic Health Authority whose area includes any part of the Trust's area.

(3) Each Special Health Authority that is an English NHS body or cross-border SHA must send copies of any annual accounts prepared by it under paragraph 4--

(a) to the Secretary of State by the specified date, and

(b) to the Comptroller and Auditor General as soon as is reasonably practicable following the end of the financial year in question.

(4) In sub-paragraph (1) or (3) "the specified date", in relation to a financial year, means such date as the Secretary of State may direct in relation to that year for the purposes of that sub-paragraph.

(5) Section 61(1) of the Public Audit (Wales) Act 2004 (c. 23) (audit of Welsh NHS bodies) makes provision for the annual accounts of Welsh NHS bodies to be submitted to the Auditor General for Wales in order for them to be examined by him.

Auditing of certain Special Health Authority accounts by Comptroller and Auditor General

7 (1) This paragraph applies where a Special Health Authority that is an English NHS body or cross-border SHA sends a copy of its annual accounts to the Comptroller and Auditor General under paragraph 6(3).

(2) The Comptroller and Auditor General must examine, certify and report on the accounts.

(3) The Authority must lay before both Houses of Parliament--

(a) a copy of the accounts, and

(b) the Comptroller and Auditor General's report on them.

Summarised accounts of English NHS bodies other than Special Health Authorities

8 (1) This paragraph applies in relation to English NHS bodies that are not Special Health Authorities.

(2) The Secretary of State must prepare summarised accounts relating to such bodies in respect of each financial year.

This is subject to the exceptions in paragraphs 10(3) and 11(2).

(3) The summarised accounts must be prepared in such form as the Treasury may direct.

(4) The Secretary of State must transmit the summarised accounts to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which they relate.

(5) The Comptroller and Auditor General must --

(a) examine and certify the summarised accounts, and

(b) lay copies of them and his report on them before both Houses of Parliament.

(6) This paragraph has effect subject to any provision made under section 14(1) of the Government Resources and Accounts Act 2000 (power to disapply this paragraph in relation to specified bodies and years).

Summarised accounts of Welsh NHS bodies

9 (1) This paragraph applies in relation to Welsh NHS bodies that are not Special Health Authorities.

(2) The Assembly must prepare summarised accounts relating to such bodies in respect of each financial year.

This is subject to the exceptions in paragraphs 10(3) and 11(2).

(3) The summarised accounts must be prepared in such form as the Treasury may direct.

(4) The Assembly must transmit the summarised accounts to the Auditor General for Wales not later than the end of the month of November following the financial year to which they relate.

(5) The Auditor General for Wales must --

(a) examine and certify the summarised accounts, and

(b) lay copies of them and his report on them before the Assembly.

Exceptions for accounts of charitable trusts

10 (1) For the purposes of this paragraph a "relevant charitable trust", in relation to an NHS body, means a charitable trust whose trustee or trustees is or are that body.

(2) Nothing in paragraph 3, so far as it applies to an NHS body of any description, has effect in relation to accounts relating to a relevant charitable trust.

(3) Nothing in paragraph 4, 8 or 9, so far as it relates to an NHS body of any description, requires any annual or summarised accounts prepared by or in relation to the body to include matters relating to a relevant charitable trust.

(4) In this paragraph "NHS body" means a body which is an English NHS body, a Welsh NHS body or a cross-border SHA.

Exceptions for accounts of non-charitable trusts

11 (1) For the purposes of this paragraph a "relevant non-charitable trust", in relation to an NHS body, means a trust which is not a charitable trust and whose trustee or trustees is or are that body.

(2) Nothing in paragraph 8 or 9, so far as it relates to an NHS body of any description, requires any summarised accounts prepared in relation to the body to include matters relating to a relevant non-charitable trust.

(3) In this paragraph "NHS body" means a body which is an English NHS body, a Welsh NHS body or a cross-border SHA.

Meaning of "the Assembly"

12 In this Schedule "the Assembly" means the National Assembly for Wales. "

Section 57

SCHEDULE 4 The Appointments Commission: supplementary

Status

1 (1) 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.

(2) The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

The Board of the Commission

2 The Commission is to consist of the following members--

(a) the chairman,

(b) the prescribed number of non-executive members,

(d) the prescribed number of executive members.

Chairman and non-executive members

3 (1) The chairman and non-executive members are to be appointed by the Secretary of State.

(2) Of the non-executive members at least one (but not more than four) must be persons who are also appointed to be health and social care commissioners under paragraph 10.

(3) Regulations may--

(a) prescribe conditions which must be satisfied in relation to a person before he is appointed as chairman or as a non-executive member;

(b) make provision as to the circumstances in which a person is disqualified for being the chairman or a non-executive member.

Chief executive

4 (1) The chief executive is to be appointed by the chairman and the non-executive members of the Commission.

(2) The chief executive must be--

(a) an employee of the Commission, or

(b) a person seconded to the staff of the Commission.

(3) Anything authorised or required to be done by the chief executive may be done by any other member of the Commission's staff who is authorised for the purpose by the chief executive (whether generally or specially).

The executive members

5 (1) The executive members are to be appointed by the chairman and the non-executive members of the Commission.

(2) The executive members must be--

(a) employees of the Commission, or

(b) persons seconded to the staff of the Commission.

(3) A person may not be appointed as an executive member unless he is recommended for appointment by the chief executive.

The vice-chairman

6 The members of the Commission may appoint one of the non-executive members to be vice-chairman for such period (not exceeding the remainder of his period of office as member) as they specify on making the appointment.

Terms of appointment: chairman and non-executive members

7 (1) Regulations may make provision as to the terms on which the chairman and non-executive members of the Commission are to be appointed.

(2) The regulations may in particular make provision as to--

(a) the period for which they are to hold office;

(b) their eligibility for re-appointment;

(d) circumstances in which their membership may be suspended or terminated.

(3) Sub-paragraph (4) applies if--

(a) a person ceases to hold office as chairman or a non-executive member of the Commission, and

(b) the Secretary of State determines that there are special circumstances that make it appropriate for that person to receive compensation.

(4) The Secretary of State must--

(a) pay to that person such compensation as the Secretary of State may determine, or

(b) make provision for the payment to or in respect of that person of such pension, allowances or gratuities by way of compensation as the Secretary of State may determine.

Terms of appointment: chief executive and executive members

8 (1) The Commission must determine--

(a) the conditions of service of, and

(b) the remuneration and allowances payable to,

the chief executive and the executive members.

(2) The chief executive or (as the case may be) an executive member must not take part in a discussion or decision in pursuance of sub-paragraph (1) which relates to--

(a) his own conditions of service, or

(b) remuneration or allowances payable to him.

(3) If the chief executive or an executive member is a person seconded to the Commission--

(a) his conditions of service, and

(b) remuneration or allowances payable to him,

must be determined by agreement between his employer and the Commission.

Committees: general

9 (1) The Commission may appoint such committees and sub-committees as it thinks appropriate.

(2) A committee or sub-committee may consist of or include persons who are not members of the Commission.

(3) The Commission--

(a) may delegate to a committee or sub-committee such of its functions as it thinks fit; and

(b) may, in particular, delegate to a committee the function of appointing a sub-committee.

(4) The Commission may make arrangements for the payment of such remuneration and allowances as it thinks fit to any person who--

(a) is a member of a committee or sub-committee, but

(b) is not an employee of the Commission,

whether or not he is also a member of the Commission.

(5) This paragraph is subject to paragraph 10 and to any directions given by the Secretary of State.

The Health and Social Care Appointments Committee

10 (1) There is to be a committee of the Commission to be known as the Health and Social Care Appointments Committee.

(2) The Committee is to discharge on behalf of the Commission--

(a) the functions which are exercisable by it by virtue of directions under section 58, 60 or 61, and

(b) such other functions as the Secretary of State may specify.

(3) The Committee is to consist of--

(a) the chairman of the Commission,

(b) the chief executive, and

(4) The persons so appointed are to be known as "health and social care commissioners".

(5) Regulations may--

(a) prescribe conditions which must be satisfied in relation to persons before they are appointed as health and social care commissioners;

(b) make provision as to the circumstances in which persons are disqualified for being health and social care commissioners;

(6) The provision that may be made in relation to the health and social care commissioners under sub-paragraph (5)(c) includes, in particular, provision as to--

(a) the period for which they are to hold office as health and social care commissioners;

(b) their eligibility for re-appointment as such commissioners;

(d) circumstances in which they may be suspended or removed from office as such commissioners.

Proceedings

11 (1) The Commission may make such provision as it thinks fit to regulate--

(a) its own proceedings (including quorum), and

(b) the procedure (including quorum) of its committees and sub-committees.

(2) Sub-paragraph (1) has effect subject to any directions given by the Secretary of State.

12 On any occasion when both the chairman and the vice-chairman are, for any reason, unable to perform the duties of chairman, the other members of the Commission may appoint one of the non-executive members to act in the place of the chairman.

13 The validity of any proceedings of the Commission, or any of its committees or sub-committees, is not affected by--

(a) any vacancy in the office of chairman or chief executive or in the membership of the Commission or the committee or sub-committee, or

(b) any defect in the appointment of the chairman or the chief executive or a member of the Commission or the committee or sub-committee.

14 The Public Bodies (Admission to Meetings) Act 1960 (c. 67) applies to meetings of the Commission.

Staff

15 (1) The Commission may appoint such persons to be employees of the Commission as it thinks fit.

(2) The Commission may make arrangements for persons to be seconded to the Commission to serve as members of its staff.

(3) A period of secondment on the staff of the Commission does not affect the continuity of a person's employment with the employer from whose service he is seconded.

(4) References in this Schedule to members of the Commission's staff are to persons who either are employees of the Commission or have been seconded to it to serve as members of its staff.

16 (1) Employees of the Commission are to be appointed on such terms and conditions as the Commission determines.

(2) Without prejudice to its other powers, the Commission may pay, or make provision for the payment of--

(a) pensions, allowances or gratuities, or

(b) compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

17 (1) The Commission may, to such extent as it determines, delegate any of its functions to any members of its staff.

(2) Any committee of the Commission may, to such extent as the committee determines, delegate any function conferred on it to any of its sub-committees or any member of the Commission's staff.

(3) This paragraph is subject to any directions given by the Secretary of State; and sub-paragraph (2) does not apply in relation to decisions falling to be made by the Health and Social Care Appointments Committee in relation to particular appointments.

Financing of Commission

18 (1) The Secretary of State may make--

(a) such annual payments to the Commission as he thinks appropriate in respect of the performance by it of functions to which sub-paragraph (2) applies, and

(b) such other payments to the Commission as he thinks appropriate in respect of the performance by it of functions to which sub-paragraph (3) applies.

(2) This sub-paragraph applies to--

(a) any functions exercisable by virtue of a direction under section 58 in relation to Strategic Health Authorities, Primary Care Trusts or NHS trusts, and

(b) such other of the Commission's functions as may be prescribed.

(3) This sub-paragraph applies to any functions exercisable by virtue of a direction under section 58 in relation to--

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