After section 67 of the Care Standards Act 2000 (c. 14) insert— Exercise by Special Health Authority of functions under s. 67(4)(a) 67A (1) The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions. (2) If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if— (a) the direction were a direction of the Secretary of State under section 7 of that Act, and (b) the functions were exercisable by the Special Health Authority under section 7. (3) Directions under subsection (1)— (a) shall be given by an instrument in writing, and (b) may be varied or revoked by subsequent directions.

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73 NHS costs recovery

In section 153 of the 2003 Act (information contained in certificates relating to recovery of NHS charges in cases of injury requiring NHS services), for subsection (9) substitute— (9) For the purposes of subsection (10), a claim made by or on behalf of an injured person is a qualifying claim if— (a) it does not fall within subsection (3) or within any other description of claim specified in regulations, and (b) it is settled, and the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.

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74 Transfer of criminal liabilities of certain NHS bodies

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75 Amendments relating to Local Health Boards and abolition of Welsh health authorities

(1) The Secretary of State or the Assembly may by order make such amendments of any enactment as he or it considers appropriate— (a) in order to reflect the fact that (by virtue of relevant directions) transferred functions may be exercised by Local Health Boards, or (b) otherwise in consequence of, or in connection with, the abolition of Welsh health authorities effected under section 27(5) of the Government of Wales Act 1998 (c. 38). (2) Where a transferred function which became exercisable by a Local Health Board by virtue of relevant directions ceases to be so exercisable, the Secretary of State or the Assembly may by order— (a) substitute for any reference to a Local Health Board in any enactment relating to the function a reference to the Assembly, and (b) make such amendments of any enactment as he or it considers appropriate in consequence of any such substitution. (3) No order may be made under subsection (1)(a) in relation to a transferred function on or after the date on which subsection (4) applies to the function. (4) This subsection applies to a transferred function on the date when either of the following comes into force in relation to the function— (a) an order made under subsection (1)(b) which amends an enactment so as to provide for the function to be exercisable only by the Assembly, or (b) an order made under subsection (2). (5) In this section— “amendments” includes repeals, revocations and modifications; “the Assembly” means the National Assembly for Wales; “relevant directions” means directions given in regulations made under section 16BB of the National Health Service Act 1977 (c. 49) or section 12 of the National Health Service (Wales) Act 2006; “transferred function” means a function transferred to the Assembly by the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W. 98)); “Welsh health authority” means a Health Authority for an area in, or consisting of, Wales.

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76 Offences by bodies corporate etc.

(1) If an offence committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer, or (b) to be attributable to any neglect on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In subsection (1) “officer”, in relation to the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (4) If an offence committed by a partnership is proved— (a) to have been committed with the consent or connivance of a partner, or (b) to be attributable to any neglect on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (5) In subsection (4) “partner” includes a person purporting to act as a partner. (6) If an offence committed by an unincorporated association (other than a partnership) is proved— (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or (b) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly. (7) In this section and section 77 “offence” means an offence under any provision of this Act.

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77 Offences committed by partnerships and other unincorporated associations

(1) Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners). (2) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) shall be brought in the name of the association (and not in that of any of its members). (3) Rules of court relating to the service of documents shall have effect as if the partnership or unincorporated association were a body corporate. (4) In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply as they apply in relation to a body corporate— (a) section 33 of the Criminal Justice Act 1925 (c. 86) andSchedule 3 to the Magistrates' Courts Act 1980 (c. 43); (b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46); (c) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). (5) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets. (6) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association. (7) Subsections (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under section 76(4) or (6).

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78 Penalties for offences: transitional modification for England and Wales

(1) This section contains transitional modifications in respect of penalties for certain offences committed in England and Wales. (2) In relation to an offence committed before 2 May 2022, the references in section 21(2)(b) of this Act to periods of imprisonment of the general limit in a magistrates’ court are to be read as references to periods of imprisonment of 6 months. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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79 Orders and regulations

(1) Subject to subsection (2), any power to make an order or regulations under this Act is exercisable by statutory instrument. (2) Any power of the Department of Health, Social Services and Public Safety to make an order or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (3) Any power to make an order or regulations under this Act— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the authority making the order or regulations considers appropriate. (4) No statutory instrument containing— (a) regulations under section 3, 4, 5, 6(8), 7(6) , 8(7) or 9(1A), (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) regulations under section 17 which amend or repeal any provision of an Act or an Act of the Scottish Parliament, (d) an order under section 45(7), (e) an order under section 75 or 80(3) which amends or repeals any provision of an Act or an Act of the Scottish Parliament, or (f) regulations under paragraph 5 , 8 or 17 of Schedule 1, may be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (4A) No statutory instrument containing (a) regulations under section 9(1A), (b) ... or (c) regulations under paragraph 17 of Schedule 1, may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (5) Otherwise, a statutory instrument containing any order or regulations made by the Secretary of State under this Act (other than an order under section 83) is to be subject to annulment in pursuance of a resolution of either House of Parliament. (6) No statutory instrument containing an order under section 80(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament may be made by the Scottish Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament. (7) Otherwise, a statutory instrument containing an order under section 80(4) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament. (8) A statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under section 17 which amend or repeal any provision of an Act is to be subject to affirmative resolution within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). (9) Otherwise, a statutory rule containing regulations made by the Department of Health, Social Services and Public Safety under Chapter 1 of Part 3 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

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80 Amendments, repeals and revocations

(1) Schedule 8 contains minor and consequential amendments. (2) Schedule 9 makes provision for the repeal and revocation of enactments (including enactments which are spent). (3) The Secretary of State may by order make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as he considers appropriate for the general purposes, or any particular purposes, of this Act or in consequence of, or for giving full effect to, any provision made by this Act. (4) The Scottish Ministers may by order make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as they consider appropriate for the general purposes, or any particular purposes, of the provisions specified in subsection (5) or in consequence of, or for giving full effect to, any of those provisions. (5) Those provisions are— (a) section 36(2), (b) so far as extending to Scotland, section 73 and paragraph 55 of Schedule 8. (6) An order under subsection (4) may not include any provision which would be outside the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament. (7) An order under subsection (3) may not include any provision which it would be competent for the Scottish Ministers to make in an order under subsection (4). (8) An order under subsection (3) or (4) may amend, repeal, revoke or otherwise modify any enactment.

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81 Expenses

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by the Secretary of State by virtue of this Act; (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

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82 Interpretation

(1) In this Act— ... “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); "the 2006 Act" means the National Health Service Act 2006 ... “the health service”— in relation to England and Wales, has the same meaning as in the 2006 Act, in relation to Scotland, has the same meaning as in the National Health Service (Scotland) Act 1978 (c. 29), and in relation to Northern Ireland, means health services within the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)). (2) In this Act “enactment” includes— (a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), and (b) (in sections 17(5)(f) and 80(8)) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation, and references to enactments include enactments passed or made after the passing of this Act. (3) Subsection (2) applies except where the context otherwise requires.

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83 Commencement

(1) The following provisions come into force on the day on which this Act is passed— (a) sections 74 and 75, (b) sections 79, 80(3) to (8), 81 and 82, this section and section 84, (c) paragraphs 36, 53 and 54 of Schedule 8, (d) section 80(1) so far as relating to those paragraphs, and (e) (except for section 36(2)) any other provision of this Act so far as it— (i) confers power to make an order or regulations, or (ii) defines any expression relevant to the exercise of any such power. Subsections (2)(b) and (3) to (6) have effect subject to paragraph (e). (2) The following provisions come into force on such day as the Scottish Ministers may by order appoint— (a) section 36(2), and (b) so far as extending to Scotland— (i) section 73, (ii) paragraph 55 of Schedule 8, and (iii) section 80(1) so far as relating to that paragraph. (3) Part 5 comes into force on such day as the Secretary of State, after consulting the National Assembly for Wales, may by order appoint. (4) The following provisions come into force in relation to Wales on such day as the National Assembly for Wales may by order appoint— (a) Chapter 1 of Part 1 and sections 76 and 77 so far as relating to offences under that Chapter, and (b) paragraph 24(a) of Schedule 8 and section 80(1) so far as relating to that paragraph. (5) The following provisions come into force on such day as the National Assembly for Wales may by order appoint— (a) Chapter 1 of Part 3 and sections 76 to 78 so far as relating to the Assembly's functions under that Chapter (see section 24) or to offences committed in relation to those functions, (b) Chapter 1 of Part 4 so far as relating to the Assembly's functions under sections 42 and 42B of the 1977 Act, (c) Chapter 3 of Part 4 and sections 76 to 78 so far as relating to the Assembly's counter fraud functions in relation to the health service in Wales (see section 44) or to offences committed in relation to those functions, (d) section 56, Schedule 3 and paragraph 44 of Schedule 8 so far as relating to Welsh NHS bodies, (e) paragraphs 43 and 62 of Schedule 8, (f) so far as relating to Welsh NHS bodies, any provision of Schedule 9 which repeals or revokes an enactment amending or repealing section 98 of the 1977 Act, and (g) section 80(1) and (2) so far as relating to the provisions in paragraphs (d), (e) and (f). In this subsection “Welsh NHS body” has the meaning given by paragraph 2 of the Schedule 12B inserted by Schedule 3. (6) The following provisions come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint— (a) Chapter 1 of Part 3 so far as relating to the functions of the Department of Health, Social Services and Public Safety under that Chapter (see section 24), and (b) sections 76 and 77 so far as relating to offences committed in relation to those functions. (7) Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint. (8) Different days may be appointed for different provisions, different purposes or different areas.

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84 Short title and extent

(1) This Act may be cited as the Health Act 2006. (2) Subject to subsections (3) and (4), this Act extends to England and Wales only. (3) The following provisions extend also to Scotland and Northern Ireland— (a) Chapter 1 of Part 3, (b) Part 5, and (c) sections 75, 76, 77, 79 to 83 and this section. (4) Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.

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SCHEDULE 1 Fixed penalties

Section 9 Contents of penalty notice 1 A penalty notice must— (a) state the alleged offence, and (b) give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it. 2 (1) A penalty notice must also state— (a) the name and address of the enforcement authority on whose behalf the authorised officer was acting when he gave the notice, (b) the amount of the penalty and the period for its payment, (c) the discounted amount and the period for its payment, (d) the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c), (e) the person to whom and the address at which payment may be made, (f) by what method payment may be made, (g) the person to whom and the address at which any representations relating to the notice may be made. (2) The person mentioned in sub-paragraph (1)(e) and (g) must be the enforcement authority referred to in sub-paragraph (1)(a). 3 A penalty notice must also— (a) inform the person to whom it is given of his right to be tried for the alleged offence, and (b) explain how that right may be exercised. 4 A penalty notice must be in a form specified in regulations made by the Secretary of State. Amount of penalty and period for payment 5 The penalty is such amount as the Secretary of State may specify in regulations. 6 The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given. Discounted amount and period for payment 7 (1) A discounted amount is payable instead of the amount specified in regulations under paragraph 5 if payment is made before the end of the period for payment of the discounted amount. (2) That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day. (3) If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending immediately after the first working day following the 15th day. (4) In this paragraph, “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80). 8 The discounted amount is such amount as the Secretary of State may specify in regulations. 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. Power to amend or modify Schedule 17 The Secretary of State may by regulations— (a) amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or (b) provide for this Schedule to apply with modifications in relation to such notices.

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SCHEDULE 2 Powers of entry, etc.

Section 10 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 Secretary of State 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 Secretary of State.

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SCHEDULE 3 New Schedule 12B to 1977 Act

Section 56

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SCHEDULE 4 The Appointments Commission: supplementary

Section 57 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, (c) the chief executive, and (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 (1) 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. (2) But regulations may— (a) provide that if the chairman's membership is suspended the Secretary of State may direct that the appointment of the vice-chairman under sub-paragraph (1) ceases to have effect; (b) make provision about the appointment by the Secretary of State in those circumstances of another non-executive member to be vice-chairman. 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; (c) remuneration and allowances; (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 (c) not more than the prescribed number of persons appointed by the Secretary of State. (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; (c) make provision as to the terms on which the health and social care commissioners are to be appointed. (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; (c) remuneration and allowances payable to them 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— (a) Special Health Authorities, or (b) bodies mentioned in section 58(3) or (4) or section 60. (4) Before deciding the amount of any payment under this paragraph the Secretary of State must take account of any income received by the Commission from any other source. (5) Payments under this paragraph may be made— (a) at such times, and (b) subject to such conditions (if any), as the Secretary of State thinks appropriate. 19 The National Assembly for Wales may make such payments to the Commission as the Assembly thinks appropriate in respect of the performance by the Commission of functions exercisable by virtue of a direction under section 61. 20 (1) The Secretary of State may make loans to the Commission. (2) A loan under this paragraph may be made on such terms as the Secretary of State thinks appropriate. 21 (1) The Commission may charge for providing— (a) any services under arrangements under section 63(2) or (4), (b) any services under section 64(1) to (3), or (c) such other services as may be prescribed. (2) The amount of any charge is to be fixed in such a way as the Commission considers appropriate for recovering the costs incurred by it in, or in connection with, providing the services in question. Accounts 22 (1) The Commission must keep accounts in such form as the Secretary of State directs. (2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State directs. (3) Before the end of the specified period following each financial year the Commission must send a copy of the annual accounts for that year— (a) to the Secretary of State, and (b) to the Comptroller and Auditor General. (4) The Comptroller and Auditor General must— (a) examine, certify and report on the annual accounts, and (b) lay copies of the accounts and of his report before each House of Parliament. (5) The “specified period” is such period as the Secretary of State directs. Authentication of seal 23 (1) The application of the Commission's seal must be authenticated by the signature of the chairman or another member of the Commission or any other person authorised by the Commission for the purpose. (2) A document purporting to be duly executed under the seal of the Commission or to be signed on behalf of the Commission is to be— (a) received in evidence, and (b) unless the contrary is proved, taken to be so executed or signed. (3) This paragraph does not apply in relation to Scotland.

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SCHEDULE 5 The Appointments Commission: list of statutory bodies

Section 58 List of statutory bodies referred to in section 58(3) The Care Quality Commission. ... ... ... ... The General Social Care Council. The Health Protection Agency. The Human Fertilisation and Embryology Authority. The Human Tissue Authority. ... The Independent Regulator of NHS Foundation Trusts. ...

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SCHEDULE 6 The Appointments Commission: list of regulatory bodies

Section 60 List of regulatory bodies referred to in section 60(1) The General Chiropractic Council. The General Dental Council. The General Medical Council. The General Optical Council. The General Osteopathic Council. The General Pharmaceutical Council. The Health Professions Council. The Nursing and Midwifery Council.

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SCHEDULE 7 Transfer of staff and property etc. to Appointments Commission

Section 69 Interpretation 1 In this Schedule— “the appointed day” means the day appointed under section 83 for the coming into force of section 57(4), “employee” means a person who immediately before the appointed day is an employee of the NHSAC, and “the NHSAC” means the National Health Service Appointments Commission. Transfer of staff 2 (1) An employee's contract of employment has effect on and after the appointed day as if originally made between him and the Commission. (2) Accordingly— (a) all the rights, powers, duties and liabilities of the NHSAC under or in connection with the contract of employment are by virtue of this paragraph transferred to the Commission on the appointed day, and (b) anything done before the appointed day by or in relation to the NHSAC in respect of that contract or the employee is to be treated on and after that day as having been done by or in relation to the Commission. (3) If before the appointed day an employee informs the NHSAC that he does not wish to become an employee of the Commission— (a) sub-paragraphs (1) and (2) do not apply in relation to him, and (b) his contract of employment is terminated on the appointed day. (4) An employee is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to him. (5) Nothing in this paragraph affects any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions. (6) But no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless he shows that, in all the circumstances, the change is significant and is to his detriment. Transfer of property, rights and liabilities 3 (1) By virtue of this paragraph the property, rights and liabilities (including criminal liabilities) of the NHSAC existing immediately before the appointed day are transferred to the Commission on the appointed day. (2) Anything done by or in relation to the NHSAC which is in effect immediately before the appointed day is to be treated on and after the appointed day as done by or in relation to the Commission. (3) Anything (including any legal proceedings) which— (a) relates to anything transferred by sub-paragraph (1), and (b) is in the process of being done by or in relation to the NHSAC, may be continued on and after the appointed day by or in relation to the Commission. (4) Sub-paragraph (1) does not have effect in relation to any rights or liabilities transferred by virtue of paragraph 2(2)(a). (5) Sub-paragraph (2) does not have effect in relation to anything treated as done by or in relation to the Commission by virtue of paragraph 2(2)(b). General 4 Nothing in this Schedule affects the validity of anything done by the NHSAC.

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SCHEDULE 8 Minor and consequential amendments

Section 80 Pharmacy Act 1954 (c. 61) 1 The Pharmacy Act 1954 has effect subject to the following amendments. 2 In section 15 (appointment of additional members to the council of the Pharmaceutical Society of Great Britain) omit subsections (3) and (4). 3 In Schedule 1 (statutory committee of the Pharmaceutical Society) omit paragraph 3A. National Health Service Act 1977 (c. 49) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medical Act 1983 (c. 54) 26 In Schedule 1 to the Medical Act 1983 (the General Medical Council etc.) omit paragraph 4ZA. Dentists Act 1984 (c. 24) 27 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council etc.) is amended as follows. (2) In paragraph 1(5) for “paragraphs 2 and 2A” substitute “ paragraph 2 ”. (3) Omit paragraph 2A. Opticians Act 1989 (c. 44) 28 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) omit paragraph 2A. National Health Service and Community Care Act 1990 (c. 19) 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Osteopaths Act 1993 (c. 21) 31 In the Schedule to the Osteopaths Act 1993 (the General Osteopathic Council etc.) omit paragraph 11A. Health Service Commissioners Act 1993 (c. 46) 32 The Health Service Commissioners Act 1993 has effect subject to the following amendments. 33 In section 2A(1) (health service providers subject to investigation)— (a) in paragraph (a), for “ or 100” substitute “ , 100 or 117 ”, (b) in paragraph (b), omit “general ophthalmic services or”. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chiropractors Act 1994 (c. 17) 35 In Schedule 1 to the Chiropractors Act 1994 (the General Chiropractic Council etc.) omit paragraph 11A. National Health Service (Residual Liabilities) Act 1996 (c. 15) 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit Commission Act 1998 (c. 18) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Government of Wales Act 1998 (c. 38) 43 In section 144(2) of the Government of Wales Act 1998 (accounts, audit and reports) for “the accounts kept in pursuance of section 98(1) of the National Health Service Act 1977 (accounts and audit of NHS bodies)” substitute “ any accounts kept or prepared in pursuance of paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006 (requirement for Welsh NHS bodies to keep accounts or prepare annual accounts) ”. Government Resources and Accounts Act 2000 (c. 20) 44 (1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows. (2) In subsection (1) for “section 98(4) of the National Health Service Act 1977 (requirement to prepare summarised accounts)” substitute “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or paragraph 5 of Schedule 9 to the National Health Service (Wales) Act 2006”. (3) In subsection (3) after “subsection (1)” insert “in respect of an NHS body within the meaning of paragraph 1 of Schedule 15 to the National Health Service Act 2006, other than one to which paragraph 1(2)(b) of that Schedule applies,”. (4) For subsection (4) substitute— (4) Before making an order under that subsection in respect of an NHS body within the meaning of paragraph 1 of Schedule 9 to the National Health Service (Wales) Act 2006, and the Treasury shall consult— (a) the National Assembly for Wales, and (b) the Auditor General for Wales. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Freedom of Information Act 2000 (c. 36) 45 (1) Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows. (2) In Part 3, in paragraph 43A— (a) for “or primary dental services” substitute “ , primary dental services or primary ophthalmic services ”, (b) in paragraph (b) for “or 100” substitute “, 100 or 117”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and Social Care Act 2001 (c. 15) 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nursing and Midwifery Order 2001 (S.I. 2002/253) 47 In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and Midwifery Council etc.) omit paragraph 15A. Health Professions Order 2001 (S.I. 2002/254) 48 In Schedule 1 to the Health Professions Order 2001 (the Health Professions Council etc.) omit paragraph 16A. National Health Service Reform and Health Care Professions Act 2002 (c. 17) 49 The National Health Service Reform and Health Care Professions Act 2002 has effect subject to the following amendments. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 In Schedule 7 (the Council for the Regulation of Health Care Professionals) omit paragraph 5. Health and Social Care (Community Health and Standards) Act 2003 (c. 43) 53 The 2003 Act has effect subject to the following amendments. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 In section 150(7)(d) (liability to pay NHS charges) for sub-paragraph (ii) substitute— (ii) section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services). 56 In section 187 (appointments to certain health and social care bodies) omit subsections (1) to (7), (9) and (10). 57 Omit section 188 (appointments to certain health and social care bodies: joint functions). 58 (1) In Schedule 6 (the Commission for Health Care Audit and Inspection: supplementary) paragraph 3 is amended as follows. (2) In sub-paragraph (1)— (a) in paragraphs (a) and (c) for “relevant Special Health Authority” substitute “ Secretary of State ”, and (b) in paragraph (b) for “relevant Special Health Authority who appears to that Authority” substitute “ Assembly who appears to the Assembly ”. (3) Omit sub-paragraphs (2), (3), (9), (10), (14) and (15). (4) In sub-paragraph (11)— (a) for “Special Health Authority referred to in sub-paragraph (2)” substitute “ Secretary of State ”, and (b) for “Special Health Authority referred to in sub-paragraph (3)” substitute “ Assembly ”. 59 (1) In Schedule 7 (the Commission for Social Care Inspection: supplementary) paragraph 3 is amended as follows. (2) In sub-paragraph (1) for “relevant Special Health Authority” substitute “ Secretary of State ”. (3) Omit sub-paragraphs (2) and (6) to (8). General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250) 60 In Schedule 2 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (the Postgraduate Medical Education and Training Board etc.) omit paragraph 4. Health Protection Agency Act 2004 (c. 17) 61 In Schedule 1 to the Health Protection Agency Act 2004 (the Health Protection Agency) omit paragraph 2. Public Audit (Wales) Act 2004 (c. 23) 62 In section 61(1) of the Public Audit (Wales) Act 2004 (audit of Welsh NHS bodies) for “section 98(2) of the National Health Service Act 1977 (accounts of NHS bodies)” substitute “ paragraph 3(1) of Schedule 9 to the National Health Service (Wales) Act 2006 (preparation of annual accounts of Welsh NHS bodies) ”.

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SCHEDULE 9 Repeals and revocations

Section 80 Short title and chapter or title and number | Extent of repeal or revocation Pharmacy Act 1954 (c. 61) | In section 15, subsections (3) and (4). In Schedule 1, paragraph 3A. Medicines Act 1968 (c. 67) | In section 77, paragraph (b) and the “and” immediately preceding it. National Health Service Act 1977 (c. 49) | In section 15(1)(a), “general ophthalmic services”. In section 18A(3)(a), “general ophthalmic or”. In section 38(1), “of every Primary Care Trust and”. In section 39, in subsection (1)(a) “by each Primary Care Trust and”; in subsections (1) and (2) “Primary Care Trust or” in each place it occurs; and in subsection (3) “Primary Care Trust or” and “of the Primary Care Trust or”. In section 44(B2), paragraph (a); “the Local Optical Committee or”; and “, as the case may be,”. In section 45A(3), “and” at the end of paragraph (a). In section 49N(4)(b), “(or, in the case of a medical list, to nominate or approve him for inclusion in it)”. In Schedule 12, in paragraph 2A(1), “or” at the end of paragraph (b). Health and Social Services and Social Security Adjudications Act 1983 (c. 41) | In Schedule 5, paragraph 3. Medical Act 1983 (c. 54) | In Schedule 1, paragraph 4ZA. Dentists Act 1984 (c. 24) | In Schedule 1, paragraph 2A. Opticians Act 1989 (c. 44) | In Schedule 1, paragraph 2A. National Health Service and Community Care Act 1990 (c. 19) | In section 4A(1), “or” at the end of paragraph (a). Section 11(7). Section 20(2). In Schedule 2, paragraph 24. Osteopaths Act 1993 (c. 21) | In the Schedule, paragraph 11A. Health Service Commissioners Act 1993 (c. 46) | In section 2A(1)(b), “general ophthalmic services or”. In section 6(5), “38, 39,”. Chiropractors Act 1994 (c. 17) | In Schedule 1, paragraph 11A. Health Authorities Act 1995 (c. 17) | In Schedule 1, paragraph 50. Pharmacists (Fitness to Practise) Act 1997 (c. 19) | In the Schedule, paragraph 5. Audit Commission Act 1998 (c. 18) | In Schedule 2, paragraphs 1(g) and 1C. Health Act 1999 (c. 8) | In Schedule 3, paragraph 2(2). In Schedule 4, paragraph 33. Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90) | In Schedule 1, paragraph 13(6). National Health Service Appointments Commission (Establishment and Constitution) Order 2001 (S.I. 2001/793) | The whole Order. Nursing and Midwifery Order 2001 (S.I. 2002/253) | In Schedule 1, paragraph 15A. Health Professions Order 2001 (S.I. 2002/254) | In Schedule 1, paragraph 16A. National Health Service Reform and Health Care Professions Act 2002 (c. 17) | Section 35. In Schedule 1, paragraph 29. In Schedule 2, paragraphs 11, 12(3) and (4)(a). In Schedule 5, paragraph 21. In Schedule 6, paragraph 6. In Schedule 7, paragraph 5. Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In section 187, subsections (1) to (7), (9) and (10). Section 188. In Schedule 6, paragraph 3(2), (3), (9), (10), (14) and (15). In Schedule 7, paragraph 3(2) and (6) to (8). In Schedule 11, paragraph 33. In Schedule 12, paragraphs 1, 2(3), 3(2) and (4) and 4 to 8. General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250) | In Schedule 2, paragraph 4. Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 (S.I. 2003/1324) | The whole Order. Health Protection Agency Act 2004 (c. 17) | In Schedule 1, paragraph 2. Public Audit (Wales) Act 2004 (c. 23) | In Schedule 2, paragraphs 2 and 38(2). Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004 (S.I. 2004/1714) | The whole Order. Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074) | Articles 2 and 4. Special Health Authorities (Audit) Order 2006 (S.I. 2006/960) | The whole Order.

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