Legalize / United Kingdom / Public General Act

Health and Social Care Act 2012

Type Public General Act

Publication 2012-03-27

Last updated 2025-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare a set of accounts in respect of such period as may be specified in the direction which consolidates any accounts prepared by NHS foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the National Health Service Act 2006 in respect of that period.

(3) In preparing any consolidated accounts under this paragraph, Monitor must comply with directions given by the Secretary of State with the approval of the Treasury as to—

(a) the content and form of the consolidated accounts;

(b) the methods and principles according to which the consolidated accounts should be prepared.

(4) Monitor must send a copy of any consolidated accounts under this paragraph to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General—

(a) accompanied by such other reports or information as the Secretary of State may direct, and

(b) within the relevant period.

(5) In sub-paragraph (4)(b), the relevant period is—

(a) in relation to consolidated accounts under sub-paragraph (1), such period after the end of the financial year concerned as the Secretary of State may direct;

(b) in relation to consolidated accounts under sub-paragraph (2), such period as the Secretary of State may direct.

(6) Before giving a direction under sub-paragraph (5), the Secretary of State must consult Monitor.

(7) The Comptroller and Auditor General must—

(a) examine, certify and report on any consolidated accounts sent under this paragraph,

(b) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and

(8) Monitor must act with a view to securing that NHS foundation trusts—

(a) comply promptly with requests from it or the Secretary of State for information relating to their accounts, and

(b) otherwise act so as to facilitate the preparation of accounts by the Secretary of State.

(9) This paragraph does not apply to the financial year specified for the purposes of section 155(7) (which provides for the order that commences section 155, which itself relates to the preparation of the accounts of NHS foundation trusts, to specify the first financial year to which that section will apply) or to the subsequent financial years.

Accounts of Monitor

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(1) Monitor must keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may, with the approval of the Treasury, give directions to Monitor as to—

(a) the content and form of its accounts, and

(b) the methods and principles to be applied in the preparation of its accounts.

(3) In sub-paragraph (2), the reference to accounts includes Monitor's annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.

19

(1) Monitor must prepare annual accounts in respect of each financial year.

(2) Monitor 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 direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) lay copies of them and the report before Parliament.

20

(1) The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).

(2) Monitor must send copies of any interim accounts to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General within such period as the Secretary of State may direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2),

(b) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and

Reports and other information

21

(1) As soon as practicable after the end of each financial year, Monitor must prepare an annual report on how it has exercised its functions during the year.

(2) The report must, in particular—

(a) set out the measures that Monitor has taken to promote economy, efficiency and effectiveness in the use of resources for the exercise of its functions,

(b) include a statement of what it did to comply with the duty under section 63(2) (duty to have regard to Secretary of State's guidance on duty under section 62(9)), and

(c) include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to Secretary of State's guidance on relevant parts of document on improving quality of services).

(3) Monitor must—

(a) lay a copy of the report before Parliament, and

(b) once it has done so, send a copy of it to the Secretary of State.

(4) Monitor must provide the Secretary of State with—

(a) such other reports and information relating to the exercise of Monitor's functions as the Secretary of State may require;

(b) such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may require.

Recommendations by Committees in Parliament

22

Monitor must respond in writing to any recommendation about its exercise of its functions that a Committee of either House of Parliament or a Committee of both Houses makes.

Seal and evidence

23

(1) The application of Monitor's seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose.

(2) A document purporting to be duly executed under Monitor's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Status

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(1) Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) Monitor's property must not be regarded as property of, or property held on behalf of, the Crown.

SCHEDULE 9

Procedure

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2

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Variation of terms

3

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Compliance certificates

4

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Inaccurate, incomplete or misleading information

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SCHEDULE 10

Variation of reference

1

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Monitor’s opinion of public interest etc.

2

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Publication etc. of reference

3

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Information

4

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Time limits

5

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Reports on references

6

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Changes following report

7

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Competition Commission’s power to veto changes

8

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Disclosure etc.

9

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Powers of investigation

10

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SCHEDULE 11

PART 1 — Discretionary requirements

Procedure

1

(1) Where NHS England proposes to impose a discretionary requirement on a person, NHS England must give notice to that person (a “notice of intent”).

(2) A notice of intent must—

(a) state that NHS England proposes to impose the discretionary requirement and set out its effect,

(b) set out the grounds for the proposal to impose the requirement,

(d) set out the circumstances (if any) in which NHS England may not impose the requirement, and

(e) specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.

(3) The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.

(4) But where NHS England—

(a) proposes to impose a compliance requirement or restoration requirement, and

(b) considers that a shorter notice period is necessary to prevent or minimise further breaches of the kind referred to in section 105(1),

the notice period is to be such shorter period as NHS England may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.

2

(1) After the end of the notice period NHS England must decide whether to—

(a) impose the discretionary requirement, with or without modifications, or

(b) impose any other discretionary requirement.

(2) Where NHS England decides under sub-paragraph (1) to impose a discretionary requirement on a person NHS England must give notice to that person (a “final notice”).

(3) A final notice must—

(a) state that NHS England has decided to impose the discretionary requirement and set out its effect,

(b) set out the grounds for imposing the requirement,

(i) how payment may be made,

(ii) the period (“the payment period”) within which payment must be made,

(iii) any discount applicable for early payment of the penalty, and

(iv) the rate of interest payable for late payment of the penalty,

(d) set out the consequences of failing to comply with the requirement, and

(e) explain the right of appeal conferred by paragraph 3.

(4) The payment period must be not less than 28 days beginning with the day after that on which the final notice is received.

(5) NHS England must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.

3

(1) A person may appeal to the First-tier Tribunal against a decision of NHS England to impose a discretionary requirement.

(2) The grounds for an appeal under this paragraph are—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(d) in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or

(e) that the decision was unreasonable for any other reason.

(3) The discretionary requirement is suspended pending determination of the appeal.

(4) On an appeal under this paragraph, the Tribunal may—

(a) confirm, vary or withdraw the discretionary requirement,

(b) take such steps as NHS England could take in relation to the breach giving rise to the imposition of the requirement, or

4

NHS England may by notice to a person on whom a discretionary requirement has been imposed—

(a) withdraw the discretionary requirement,

(b) in the case of a variable monetary penalty, reduce the amount of the penalty or extend the payment period, or

(c) in the case of a compliance requirement or a restoration requirement, extend the period specified for taking the steps specified in the requirement.

Non-compliance penalties

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(1) If a person fails to comply with a compliance requirement or a restoration requirement NHS England may impose a monetary penalty on that person of such amount as NHS England may determine (a “non-compliance penalty”).

(2) Where NHS England proposes to impose a non-compliance penalty on a person NHS England must give notice to that person (a “non-compliance notice”).

(3) A non-compliance notice must—

(a) specify the amount of the non-compliance penalty,

(b) set out the grounds for imposing the penalty,

(d) state the period (“the payment period”) within which payment must be made,

(e) state any discount applicable for early payment of the penalty,

(f) set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and

(g) explain the right of appeal conferred by paragraph 6.

(4) The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.

(5) If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid NHS England may increase the amount payable by no more than 50% of the amount of the penalty.

(6) NHS England may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.

6

(1) A person may appeal to the First-tier Tribunal against a decision of NHS England to impose a non-compliance penalty.

(2) The grounds for such an appeal are—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law, or

(3) The non-compliance penalty is suspended pending determination of the appeal.

(4) On an appeal, the Tribunal may—

(a) confirm, vary or withdraw the non-compliance penalty, or

(b) remit the decision whether to confirm the penalty, or any matter relating to that decision, to NHS England.

Recovery of financial penalties

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(1) Amounts payable to NHS England of the kind mentioned in sub-paragraph (2) are recoverable summarily as a civil debt (but this does not affect any other method of recovery).

(2) The amounts are—

(a) a variable monetary penalty and any interest payable on it, or

(b) a non-compliance penalty.

Payments of penalties etc. into Consolidated Fund

8

NHS England must pay any sums it receives in respect of any of the following into the Consolidated Fund—

(a) a variable monetary penalty and any interest payable on it, or

(b) a non-compliance penalty.

PART 2 — Enforcement undertakings

Procedure

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(1) NHS England must publish a procedure for entering into enforcement undertakings.

(2) NHS England may revise the procedure and if it does so, NHS England must publish the procedure as revised.

(3) NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.

10

(1) Where NHS England accepts an enforcement undertaking, NHS England must publish the undertaking.

(2) But NHS England must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—

(a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

(b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.

Variation of terms

11

The terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and NHS England agree.

Compliance certificates

12

(1) Where NHS England is satisfied that an enforcement undertaking has been complied with, NHS England must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).

(2) A person who has given an enforcement undertaking may at any time make an application to NHS England for a compliance certificate.

(3) The application must be made in such form, and accompanied by such information, as NHS England requires.

(4) NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.

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(1) An appeal lies to the First-tier Tribunal against a decision of NHS England to refuse an application for a certificate of compliance.

(2) The grounds for an appeal under this paragraph are that the decision was—

(a) based on an error of fact,

(b) wrong in law, or

(3) On an appeal under this paragraph, the Tribunal may confirm NHS England’s decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

14

Where NHS England is satisfied that a person who has given an enforcement undertaking has supplied NHS England with inaccurate, misleading or incomplete information in relation to the undertaking—

(a) NHS England may treat the person as having failed to comply with the undertaking, and

(b) if NHS England decides so to treat the person, NHS England must by notice revoke any compliance certificate given to that person.

SCHEDULE 12

Contents etc. of reference

1

(1) A reference under section 120 must specify—

(a) Monitor's reasons for proposing the method to which the reference relates, and

(b) its representations as to why the grounds referred to in section 121(4) do not apply.

(2) Monitor must give notice of the reference to—

(a) NHS England, and

(b) each objector.

(3) The notice must be accompanied by a copy of the reference.

(4) In this Schedule, “objector” means—

(a) in relation to a reference made where the condition in section 120(2)(a) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and

(b) in relation to a reference made where the condition in section 120(2)(b) or (c) is not met, each relevant provider who objected to that proposed method.

Representations by objectors

2

(1) If an objector wishes to make representations to the CMA on the matters specified in the reference for the purposes of paragraph 1(1), the objector must do so before the end of the period of 10 working days beginning with the day on which the objector receives the notice under paragraph 1(2).

(2) The objector must give Monitor a copy of the representations.

(3) If Monitor wishes to reply to representations under sub-paragraph (1), it must do so before the end of the period of 10 working days beginning with the day on which it receives the copy under sub-paragraph (2).

(4) Monitor must send a copy of its reply to the objector who made the representations.

(5) In this Schedule, “working day” means any day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

Functions of Commission in relation to reference

3

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120 must consist of three members of the CMA panel.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A decision of the group is effective only if—

(a) all the members of the group are present when it is made, and

(b) at least two members of the group are in favour of it.

Timetable for determination on reference

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(1) The CMA must make its determination on a reference before the end of the period of 30 working days following the last day for the making by Monitor of a reply in accordance with paragraph 2.

(2) If the CMA is satisfied that there are good reasons for departing from the normal requirements, it may (on one occasion only) extend that period by not more than 20 working days.

(3) The CMA must ensure that an extension under sub-paragraph (2) is notified to—

(a) Monitor,

(b) NHS England, and

Matters to be considered on determination

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(1) If the CMA considers it necessary to disregard the matters referred to in sub-paragraph (2) in order to secure the making of the determination on a reference within the period allowed by paragraph 4, it may do so.

(2) The matters mentioned in sub-paragraph (1) are—

(a) all matters raised by an objector in representations under paragraph 2 that the objector did not raise at the time of the consultation under section 118, and

(b) all matters raised by Monitor in replies under paragraph 2 that it did not include in the reference.

Production of documents

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(1) The CMA may by notice require a person to produce to it the documents specified or otherwise identified in the notice.

(2) The power to require the production of a document is a power to require its production—

(a) at the time and place specified in the notice, and

(b) in a legible form.

(3) The CMA may take copies of a document produced to it under this paragraph.

Oral hearings

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(1) For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by the CMA.

(2) The CMA may administer oaths for the purposes of this Schedule.

(3) The CMA must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.

(4) The CMA may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) to give evidence to it at that time and place....

(5) At an oral hearing, the CMA may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.

(6) A person comes within this sub-paragraph if the person is—

(a) an objector who has made representations in accordance with paragraph 2,

(b) a person attending the hearing as a representative of a person mentioned in paragraph (a), or

(7) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).

(8) If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—

(a) the CMA is not obliged to require the person to attend the hearing, and

(b) the CMA may make a determination on the reference without hearing that person's evidence or representations.

(9) Where a person is required under this paragraph to attend at a place more than 10 miles from that person's place of residence, the CMA must pay the person the necessary expenses of attending.

Written statements

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(1) The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice to the CMA.

(2) The power to require the production of a written statement includes power to specify the time and place at which it is to be produced.

(3) The written statement must be verified in accordance with a statement of truth.

(4) In this paragraph and paragraph 9, “statement of truth” means a statement that the person producing the document which includes the statement believes the matters stated as facts in the document to be true.

Defaults in relation to evidence

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(1) This paragraph applies if a person (“the defaulter”)—

(a) fails to comply with a notice or other requirement under paragraph 6, 7 or 8,

(b) in complying with a notice under paragraph 8, makes a statement that is false in a material particular, or

(c) in providing information otherwise verified in accordance with a statement of truth required by rules under paragraph 11, provides information that is false in a material particular.

(2) A member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates may certify the failure, or the fact that a false statement has been made, to the High Court.

(3) The High Court may inquire into a matter so certified.

(4) If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter's defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.

General provisions relating to evidence

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(1) No person may be compelled to give evidence under paragraph 6, 7 or 8 which the person could not be compelled to give in civil proceedings in the High Court.

(2) A notice under paragraph 6, 7 or 8 may be given on the CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates.

Procedural rules

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(1) The CMA Board may make rules of procedure for determinations on references under section 120.

(2) Those rules may include provision supplementing the provisions of this Schedule in relation to any notice, hearing or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on—

(a) the taking of evidence at an oral hearing, or

(b) the making of representations at an oral hearing.

(3) The rules may apply, with or without modification, provision included in appeal rules under Schedule 22 to the Energy Act 2004.

(4) The CMA Board must publish rules made under this paragraph.

(5) Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

(6) Rules under this paragraph may make different provision for different cases.

Costs

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(1) Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.

(2) Where it is determined that the method to which the reference relates is not appropriate, the order must require those costs to be paid by Monitor.

(3) Where it is determined that the method to which the reference relates is appropriate, the order must require those costs to be paid by such objectors as are specified in the order.

(4) Where the order specifies more than one objector, it may specify the proportions in which the objectors are to be liable for the costs.

(5) The CMA may also make an order requiring Monitor or an objector who made representations in accordance with paragraph 2 to make payments to the other in respect of costs incurred by the other in connection with a determination on a reference under section 120.

(6) A person required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.

(7) Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at such rate as may be determined in accordance with provision in the order.

Power to modify time limits

13

The Secretary of State may by order vary any period specified in this Schedule as the period within which something must be done.

SCHEDULE 13

General

1

(1) Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor.

(2) Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.

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

2

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—

(bk) Monitor;

Parliamentary Commissioner Act 1967 (c. 13)

3

(1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a) at the appropriate place insert— “ Monitor. ”, and

(b) omit the entry for the Independent Regulator of NHS Foundation Trusts.

(2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Superannuation Act 1972 (c. 11)

4

(1) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.

(2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question).

House of Commons Disqualification Act 1975 (c. 24)

5

(1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—

(a) at the appropriate place insert— “ Chair or other member of Monitor. ”, and

(b) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.

(2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6

(1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—

(a) at the appropriate place insert— “ Chair or other member of Monitor. ”, and

(b) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.

(2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).

Freedom of Information Act 2000 (c. 36)

7

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—

(a) at the appropriate place insert— “ Monitor. ”, and

(b) omit the entry for the Independent Regulator of NHS Foundation Trusts.

National Health Service Act 2006 (c. 41)

8

The National Health Service Act 2006 is amended as follows.

9

(1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts).

(2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).

10

(1) Omit section 32 (general duty of regulator).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

In section 275(1) (general interpretation), at the appropriate place, insert—

“the regulator” means Monitor,

12

In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)” substitute “section 275(1)”.

National Health Service (Wales) Act 2006 (c. 42)

13

In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

14

The Health and Social Care Act 2008 is amended as follows.

15

In section 30(3) (urgent applications for cancellation of registration of service provider: notice requirements), for paragraph (c) substitute—

(c) where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,

16

In section 39(1) (notice requirements in relation to certain matters), for paragraph (c) substitute—

(c) where the person registered as a service provider in respect of the activity is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,

17

In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission), for subsection (2) substitute—

(2) The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.

Health Act 2009 (c. 21)

18

In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph (f) substitute—

(f) Monitor;

Equality Act 2010 (c.15)

19

In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.

SCHEDULE 14

PART 1 — Amendments of the National Health Service Act 2006

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

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37

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38

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39

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40

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PART 2 — Amendments of other Acts

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

41

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

42

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Abortion Act 1967 (c. 87)

43

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Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

44

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Local Government Act 1972 (c. 70)

45

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House of Commons Disqualification Act 1975 (c. 24)

46

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Acquisition of Land Act 1981 (c. 67)

47

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48

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49

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Mental Health Act 1983 (c. 20)

50

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Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

51

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Copyright, Designs and Patents Act 1988 (c. 48)

52

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Health and Medicines Act 1988 (c. 49)

53

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Road Traffic Act 1988 (c. 52)

54

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Access to Health Records Act 1990 (c. 23)

55

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Water Industry Act 1991 (c. 56)

56

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London Local Authorities Act 1991 (c. xiii)

57

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58

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59

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60

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61

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62

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Health Service Commissioners Act 1993 (c. 46)

63

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Vehicle Excise and Registration Act 1994 (c. 22)

64

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Value Added Tax Act 1994 (c. 23)

65

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66

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67

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Employment Rights Act 1996 (c. 18)

68

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69

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70

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Audit Commission Act 1998 (c. 18)

71

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72

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73

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Data Protection Act 1998 (c. 29)

74

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Health Act 1999 (c. 8)

75

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Greater London Authority Act 1999 (c. 29)

76

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Care Standards Act 2000 (c. 14)

77

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78

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79

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80

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Freedom of Information Act 2000 (c. 36)

81

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International Development Act 2002 (c. 1)

82

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Nationality, Immigration and Asylum Act 2002 (c. 41)

83

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Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

84

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Finance Act 2003 (c. 14)

85

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86

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87

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Licensing Act 2003 (c. 17)

88

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89

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90

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91

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92

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93

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Finance Act 2004 (c. 12)

94

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Domestic Violence, Crime and Victims Act 2004 (c. 28)

95

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Children Act 2004 (c. 31)

96

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97

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98

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99

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Civil Contingencies Act 2004 (c. 36)

100

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National Health Service (Wales) Act 2006 (c. 42)

101

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Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

102

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Local Government and Public Involvement in Health Act 2007 (c. 28)

103

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104

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105

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106

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Criminal Justice and Immigration Act 2008 (c. 4)

107

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108

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109

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110

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Autism Act 2009 (c. 15)

111

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Health Act 2009 (c. 21)

112

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113

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114

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Corporation Tax Act 2010 (c. 4)

115

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Equality Act 2010 (c. 15)

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 2011 (c. 25)

117

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118

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119

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SCHEDULE 15

Amendments to the Care Standards Act 2000 (c. 14)

1

The Care Standards Act 2000 is amended as follows.

2

In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)—

(a) for “a Council” substitute “the Welsh Council”, and

(b) after “section 63” insert “, or by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001,”.

3

In section 56 (register of social care workers etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”, and

(b) in subsection (4), for “the Council” substitute “the Welsh Council”.

4

In section 57 (applications for registration), in subsection (1), for “a Council” substitute “the Welsh Council”.

5

In section 58 (grant or refusal of registration), in subsection (1) for “the Council” substitute “the Welsh Council”.

6

In section 58A (visiting social workers from relevant European States)—

(a) in subsections (3) and (7), for “a Council” substitute “the Welsh Council”, and

(b) in subsection (6), for “a Council, that” substitute “the Welsh Council, the”.

7

In section 59 (removal etc. from register), in subsection (1), for “Each Council” substitute “The Welsh Council”.

8

In section 60 (rules about registration), for “A Council” substitute “The Welsh Council”.

9

In section 61 (offence relating to use of title “social worker” etc.)—

(a) in subsection (1), after “a person” insert “in Wales”,

(b) in subsection (2)(a), for “a Council” substitute “the Welsh Council”, and

10

In section 62 (codes of practice)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,

(b) in subsections (3), (4) and (6), for “a Council” substitute “the Council”, and

11

In section 63 (approval of courses etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”, and

(b) in subsection (4), for “A Council” substitute “The Council”.

12

In section 64 (qualifications gained outside Council's area)—

(a) in subsection (A1), for “a Council” substitute “the Welsh Council”,

(b) omit subsection (1), and

13

In section 65(1) (power to make rules requiring registered persons to undertake further training), for “A Council” substitute “The Welsh Council”.

14

In section 66 (visitors for certain social work courses)—

(a) in subsection (1), for “A Council” substitute “The Welsh Council”, and

(b) in subsection (3), for “a Council” substitute “the Council”.

15

In section 67 (functions of the appropriate Minister)—

(a) in subsection (2), for “a Council” substitute “the Welsh Council”, and

(b) in subsection (5), omit paragraph (a) (and the “or” following it).

16

In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the Welsh Council”.

17

In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh Council”.

18

Omit section 70 (abolition of the Central Council for Education and Training in Social Work).

19

In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the Welsh Council”.

20

In section 113 (default Ministerial powers), omit subsection (1).

21

In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.

22

In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the end.

23

In section 121 (13) (index of defined expressions)—

(a) omit the entry for “CCETSW”,

(b) omit the entry for references to the Council, the English Council and the Welsh Council, and

the Welsh Council	Section 54

24

In section 122 (commencement), omit “section 70(2) to (5) and”.

25

In section 123 (extent), omit subsection (3).

26

Schedule 1 (the Care Councils) is amended as follows.

27

Omit paragraph 1 (introductory).

28

In paragraph 2 (status)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “an authority's” substitute “the Council's”.

29

In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh Ministers, the Welsh Council”.

30

In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.

31

For paragraph 5 (membership)—

(a) for “Each authority” substitute “The Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

32

In paragraph 6 (appointment, procedure etc.)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”,

(c) in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each place it appears) for “an authority” substitute “the Council”, and

(d) in paragraph (c), for “the authority” substitute “the Council”.

33

(1) Paragraph 7 (remuneration and allowances) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”,

(b) for “the authority”, in each place it appears, substitute “the Council”, and

(3) In sub-paragraph (2)—

(a) for “the Secretary of State so determines” substitute “the Welsh Ministers so determine”,

(b) for “an authority”, in each place it appears, substitute “the Council”, and

(4) In sub-paragraph (3)—

(a) for “the Secretary of State determines” substitute “the Welsh Ministers determine”,

(b) for “an authority” substitute “the Council”,

(d) for “the Secretary of State” substitute “the Welsh Ministers”.

34

(1) Paragraph 8 (chief officer) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “each authority” substitute “the Welsh Council”, and

(b) for “the authority”, in each place it appears, substitute “the Council”.

(3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”.

(4) In sub-paragraph (3), for “the authority” substitute “the Council”.

(5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.

35

(1) Paragraph 12 (staff) is amended as follows.

(2) In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.

(3) In sub-paragraph (2)—

(a) for “an authority” substitute “the Council”, and

(b) for “the authority” substitute “the Council”.

(4) In sub-paragraph (3), for “an authority” substitute “the Council”.

(5) In sub-paragraph (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Council”, and

36

(1) Paragraph 13 (delegation of functions) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “the authority” substitute “the Council”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) for “the authority” substitute “the Council”.

37

In paragraph 14 (arrangements for the use of staff)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”, and

38

In paragraph 16 (payments to authorities)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “an authority” substitute “the Welsh Council”, and

39

(1) Paragraph 18 (accounts) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) In sub-paragraph (3)—

(a) for “An authority” substitute “The Council”,

(b) for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”, and

(5) In sub-paragraph (4)—

(a) for “The Comptroller and Auditor General” substitute “The Auditor General for Wales”, and

(b) for “Parliament” substitute “the Assembly”.

(6) In sub-paragraph (5)—

(a) for “an authority” substitute “the Council”, and

(b) in paragraph (a), for “the authority” substitute “the Council”.

40

(1) Paragraph 19 (reports etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An Authority” substitute “The Council”,

(b) for “the Secretary of State” substitute “the Welsh Ministers”, and

(4) In sub-paragraph (3), for “the authority” substitute “the Council”.

41

In paragraph 20 (application of seal)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) in paragraphs (a) and (b), for “the authority” substitute “the Council”.

42

In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.

43

For the title to Schedule 1 substitute “The Welsh Council”.

44

The Health and Social Care Act 2008 is amended as follows.

45

(1) In section 124 (regulation of social care workers)—

(a) in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,

(b) in that subsection, for “their regulation” substitute “the regulation of social care workers”, and

(2) For the title to that section substitute “Regulation of social care workers: Wales”.

46

Section 125 (standard of proof in proceedings relating to registration of social care worker)—

(a) in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the Care Council for Wales, a committee of the Council or any officer of the Council”, and

(b) in subsection (3), omit paragraph (a).

47

(1) Section 126 (education and training of approved mental health professionals) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate Minister” substitute “Welsh Ministers”, and

(b) omit “the General Social Care Council or”.

(3) In subsection (4), omit the definition of “the appropriate Minister”.

(4) For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.

48

In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert—

(za) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and training of approved mental health professionals: Wales),

49

(1) Schedule 9 (regulation of social care workers) is amended as follows.

(2) In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—

“the Council” means the Care Council for Wales.

(3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for “the appropriate Council” substitute “the Council”.

(4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.

(5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to “Welsh Ministers, on”.

(6) In paragraph 8 (matters outside the scope of regulations)—

(a) in sub-paragraph (1), omit “the General Social Care Council or”,

(b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and

(7) Omit paragraph 9 (preliminary procedure for making regulations: England).

(8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.

Amendments to other Acts

50

In the following provisions, omit the entry for the General Social Care Council—

(a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

(b) Schedule 2 to the Parliamentary Commissioner Act 1967,

(d) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and

(e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

51

In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).

52

In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in entry number 8 in the table in subsection (7)—

(a) in the first column, after “social care workers” insert “in Wales”, and

(b) in the second column, for the words from “General” to the end substitute “Care Council for Wales”.

PART 2 — The Health and Care Professions Council

53

(1) A reference in any instrument or document to the Health Professions Council is to be read, in relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions Council.

(2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council.

(3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation.

54

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.

55

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ The Health and Care Professions Council ”.

56

In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—

(a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,

(b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,

(d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,

(e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and

(f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.

57

In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—

(a) the Health and Care Professions Council;

58

After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—

(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).

General

59

(1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care.

(2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.

(3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation.

Health Act 1999 (c. 8)

60

In section 60(1) of the Health Act 1999—

(a) in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and

(b) in each of paragraphs (d) and (e), for “Council” substitute “Authority”.

61

In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.

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

62

In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—

(a) section 25(2), (2A) and (4),

(b) section 26(1), (2), (3) and (4),

(d) section 26B(1) and (4) (in each case, in each place it appears),

(e) section 27(1), (2), (4), (10) and (14),

(f) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),

(g) section 29(4) and (7) (in each case, in each place it appears),

(h) in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),

(i) the title of each of sections 26, 27 and 29, and

(j) the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.

63

In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.

64

Omit section 26(12) of that Act.

65

In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council's” substitute “Authority's”.

66

For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.

Other Acts, etc.

67

In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.

68

In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—

(a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

(b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and

(c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.

69

(1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—

(a) Schedule 1 to the Public Records Act 1958,

(b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,

(d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

(2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert— “ The Professional Standards Authority for Health and Social Care ”.

(3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).

PART 4 — The Office of the Health Professions Adjudicator

Miscellaneous amendments

70

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).

71

(1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—

(a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,

(b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,

(d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).

(2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case.

(3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).

(4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).

Amendments to the Health Act 1999 (c. 8)

72

(1) The Health Act 1999 is amended as follows.

(2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA).

(3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008.

(4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”.

(5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.

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

73

(1) In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)—

(a) in paragraph (c), omit “otherwise than by reason of his physical or mental health”, and

(b) in paragraph (f), omit the words from “, other than a direction” to the end.

(2) In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.

Amendments to the Health Act 2006 (c. 28)

74

(1) Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it.

(2) Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions).

(3) In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.

75

(1) The Health and Social Care Act 2008 is amended as follows.

(2) In section 128 (interpretation), omit the definition of “the OHPA”.

(3) In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4).

(4) In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.

Savings

76

(1) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs.

(2) Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes—

(a) the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State,

(b) the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and

(c) the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State.

(3) Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.

77

A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.

78

In paragraphs 76 and 77—

“abolition” means the commencement of section 231(1);

“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

“the OHPA” means the Office of the Health Professions Adjudicator.

SCHEDULE 16

Membership, appointment, etc.

1

(1) NICE consists of—

(a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive members”), and

(b) at least three but not more than five other members appointed by the non-executive members (referred to in this Schedule as the “executive members”).

(2) One of the non-executive members must be appointed as the chair.

(3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.

(4) The executive members are employees of NICE.

(5) Regulations may—

(a) prescribe the number of executive members (subject to sub-paragraph (1)(b)), and

(b) provide that all or any of the executive members (other than the chief executive) must hold posts of descriptions specified in the regulations.

Tenure of non-executive office

2

(1) The chair and other non-executive members—

(a) hold and vacate office in accordance with the terms of their appointments, but

(b) may resign office by giving notice to the Secretary of State.

(2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).

(4) A non-executive member may not be appointed for a period of more than four years.

(5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.

Suspension from non-executive office

3

(1) This paragraph applies where a person is suspended under paragraph 2(3).

(2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.

(3) The notice may be—

(a) delivered in person (in which case, the person is taken to receive it when it is delivered), or

(b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).

(4) The initial period of suspension must not exceed six months.

(5) The Secretary of State may at any time review the suspension.

(6) The Secretary of State—

(a) must review the suspension if requested in writing by the person to do so, but

(b) need not review the suspension less than three months after the beginning of the initial period of suspension.

(7) Following a review during a period of suspension, the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the person for another period of not more than six months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office under paragraph 2(2), or

(b) decides that there are grounds to do so but does not remove the person from office under that provision.

4

(1) This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).

(2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair's functions.

(3) The interim chair—

(a) holds and vacates office in accordance with the terms of the appointment, but

(b) may resign office by giving notice in writing to the Secretary of State.

(4) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair's suspension, and

(b) the remainder of the interim chair's term as a non-executive member.

(5) A person who ceases to be the interim chair is eligible for re-appointment.

Remuneration etc. of non-executive members

5

(1) NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.

(2) NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.

(3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount as the Secretary of State may determine.

Staff

6

(1) NICE may appoint such persons to be employees of NICE as it considers appropriate.

(2) Employees of NICE are to be paid such remuneration and allowances as NICE may determine.

(3) Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.

(4) NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of NICE.

(5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.

Committees

7

(1) NICE may appoint such committees and sub-committees as it considers appropriate.

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

(3) NICE may pay such remuneration and allowances as it may determine to any person who—

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

(b) is not an employee of NICE,

whether or not that person is a non-executive member of NICE.

Procedure

8

(1) NICE may regulate its own procedure.

(2) But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee.

(3) The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.

Exercise of functions

9

NICE may arrange for the exercise of its functions on its behalf by—

(a) a non-executive member;

(b) an employee (including an executive member);

General powers

10

(1) NICE 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) But, except as provided by paragraph 11(3), NICE has no power to borrow money.

(3) NICE may do any of the following only with the approval of the Secretary of State—

(a) form, or participate in the forming of, companies,

(b) invest in companies (whether by acquiring assets, securities or rights or otherwise), and

(4) The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate.

(5) In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).

Finance

11

(1) The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.

(2) Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.

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