National Health Service Act 1977

Part III E+W+S Supplementary Provisions

Corporate status E+W+S

8 Each [F1 Health Authority and each Special Health Authority] (hereinafter in this Schedule referred to severally as “an authority”) shall be a body corporate.

Textual Amendments

F1 Words in Sch. 1 Pt. III para. 8 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(a) (with Sch. 2 para. 6)

Pay and allowances E+W+S

9 (1) The Secretary of State may pay to the chairman of an authority [F2 and to any member of a relevant authority who is appointed by the Secretary of State F3 . . .] . . . F4 such remuneration as he may determine with the approval of [F5 the Treasury].

(2) The Secretary of State may provide as he may determine with the approval of [F6 the Treasury] for the payment of a pension, allowance or gratuity to or in respect of the chairman of an authority . . . F4 .

(3) Where a person ceases to be chairman of an authority . . . F4 , and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the approval of [F7 the Treasury].

(4) The Secretary of State may pay to a member of an authority, or of a committee or sub-committee of [F8 , or joint committee or joint sub-committee including,] an authority, such travelling and other allowances (including attendance allowance or compensation for the loss of remunerative time) as he may determine with the approval of [F9 the Treasury].

(5) Allowances shall not be paid in pursuance of sub-paragraph (4) above except in connection with the exercise, in such circumstances as the Secretary of State may determine with the approval of [F9 the Treasury], of such functions as he may so determine.

(6) Payments under this paragraph shall be made at such times, and in such manner and subject to such conditions, as the Secretary of State may determine with the approval of [F10 the Treasury].

[F11 (7) In sub-paragraph (1) above “relevant authority”[F12 means—

(a) a Health Authority; or

(b) any Special Health Authority which is specified] in Schedule 1 to the Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order M1 1982, in the Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order M2 1984 or in any other provision of an order under this Act which specifies an authority for the purposes of this sub-paragraph.]

Textual Amendments

F2 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 7

F3 Words in Sch. 5 Pt. III para. 9(1) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(b)(i), Sch. 3 (with Sch. 2 para. 6)

F4 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5, 24, Sch. 3 para. 13, Sch. 8 Pt. I

F5 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

F6 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

F7 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d), 3(5)

F8 Words in Sch. 5 Pt. III para. 9(4) inserted (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(2); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

F9 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d)(2), 3(5)

F10 Words substituted by virtue of S.I. 1981/1670, arts 2(1)(2), 3(5)

F11 Sch. 5 para. 9(7) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 7(2)

F12 Words in Sch. 5 Pt. III para. 9(7) and sub-paras. (a)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(b)(ii) (with Sch. 2 para. 6)

Modifications etc. (not altering text)

C1 Para. 9 modified by Mental Health Act 1983 (c. 20, SIF 85), s. 121(11)

C2 Sch. 5 para. 9(1)(4): functions not to be exercised by a primary care trust (1.4.2000) by S.I. 2000/695, reg. 4(1), Sch. 4

C3 Sch. 5 para. 9(1)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

M1 S.I. 1982/314.

M2 S.I. 1984/188.

Staff E+W+S

10 [F13 (1) Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority . . . F14 may employ such officers as it may determine at such remuneration and on such conditions of service as it may determine; and regulations and directions under] this sub-paragraph may contain provision—

(a) with respect to the qualifications of persons who may be employed as officers of an authority;

(b) requiring an authority to employ [F15 a chief officer and officers of such other descriptions as may be prescribed and to employ], for the purpose of performing prescribed functions of the authority or any other body, officers having prescribed qualifications or experience; and

(c) as to the manner in which any officers of an authority are to be appointed.

[F16 (1A) Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them [F17 and a direction under that sub-paragraph may relate to a particular officer or class of officer specified in the direction].

(1B) The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.]

(2) Regulations may provide for the transfer of officers from one authority to another . . . F18 , and for arrangements under which the services of an officer of an authority are placed at the disposal of another authority or a local authority.

[F19 (2A) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F20 section 32 of the M3 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F20 an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any contract of employment made between him and an authority but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and an authority which involves the practice of dentistry within the meaning of [F20 the M4 Dentists Act 1984.]]

(3) Directions may be given—

(a) by the Secretary of State to an authority to place services of any of its officers at the disposal of another authority,

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) by the Secretary of State to any authority . . . F22 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,

F21 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 . . .

(4) Regulations made in pursuance of this paragraph shall not require that all consultants employed by an authority are to be so employed whole-time.

Textual Amendments

F13 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 3(1)

F14 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5, 24, Sch. 3 para. 14, Sch. 8 Pt. I

F15 Words in Sch. 5 Pt. III para. 10(1)(b) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(c)(i) (with Sch. 2 para. 6)

F16 Para. 10(1A)(1B) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 3(2)

F17 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 8

F18 Words repealed by S.I. 1985/39, art. 7(22)(a)(i)

F19 Para. 10(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(b)

F20 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 paras. 8, 10

F21 Sch. 5 Pt. III para. 10(3)(b)(d) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(c)(ii), Sch. 3 (with Sch. 2 para. 6)

F22 Words repealed by S.I. 1985/39, art. 7(22)(a)(ii)

F23 Words in Sch. 5 Pt. III para. 10(3) omitted (1.9.1999 for E., 1.12.1999 for W. and otherwiseprosp.) and repealed (1.4.2000 for E.W. and otherwiseprosp.) by 1999 c. 8, s. 65, Sch. 4 para. 39(3), Sch. 5; S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2; S.I. 2000/1041, art. 2(d), Sch.

Marginal Citations

M3 1984 c. 24(83:1).

M4 1984 c. 24(83:1).

11 (1) It shall be the duty of the Secretary of State, before he makes regulations in pursuance of paragraph 10 above, to consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations. E+W+S

(2) Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, F24 . . . before he F24 . . . gives directions to an authority in pursuance of sub-paragraph (3) of paragraph 10 above in respect of any officer of an authority—

(a) to consult the officer about the directions; or

(b) to satisfy himself. . .that the authority of which he is an officer has consulted the officer about the placing or employment in question; or

(c) to consult, except in the case of a direction in pursuance of paragraph (c) F24 . . .of paragraph 10(3), with respect to the directions such body as he F24 . . .may recognise as representing the officer.

(3) If the Secretary of State F25 . . .—

(a) considers it necessary to give directions in pursuance of paragraph (a) F25 . . .of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and

(b) has previously consulted bodies recognised by him F25 . . .as representing the relevant officers about the giving of directions for that purpose,

the Secretary of State F25 . . .shall be entitled to disregard sub-paragraph (2) above in relation to the directions.

Textual Amendments

F24 Words in Sch. 5 Pt. III para. 11(2) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(d)(i), Sch. 3 (with Sch. 2 para. 6)

F25 Words in Sch. 5 Pt. III para. 11(3) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(d)(ii), Sch. 3 (with Sch. 2 para. 6)

Miscellaneous E+W+S

12 E+W+S Provision may be made by regulations as to—

(a) the appointment and tenure of office of the chairman [F26 vice-chairman] and members of an authority [F27 and any members of a committee or sub-committee of [F28 , or joint committee or joint sub-committee including,] an authority who are not members of the authority];

[F29 (aa) the circumstances in which a member of an authority who is (or is to be regarded as) an officer of the authority may be suspended from performing his functions as a member]

(b) the appointment [F30 and constitution] of F31 . . . committees and sub-committees [F32 (and joint committees and joint sub-committees) of (or including) an authority (including any such committees] consisting wholly or partly of persons who are not members of the authority in question); and

(c) the procedure of an authority, and of such committees and sub-committees as are mentioned in sub-paragraph (b) above.

Textual Amendments

F26 Word inserted by S.I. 1985/39, art. 7(22)(b)

F27 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(a)

F28 Words in Sch. 5 Pt. III para. 12(a) inserted (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(4)(a); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

F29 Sch. 5 para. 12(aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(b)

F30 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(c)

F31 Words in Sch. 5 Pt. III para. 12(b) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 60(e), Sch. 3 (with Sch. 2 para. 6)

F32 Words in Sch. 5 Pt. III para. 12(b) substituted (1.9.1999 for E., and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(4)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

[F33 12A E+W+S Regulations made by virtue of this Schedule [F34 may make provision (including provision modifying this Schedule)] to deal with cases where the post of chief officer or any other officer of an authority is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.]

Textual Amendments

F33 Sch. 5 para. 12A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 10

F34 Words in Sch. 5 Pt. III para. 12A substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(f) (with Sch. 2 para. 6)

13 E+W+S An authority may pay subscriptions, of such amounts as the Secretary of State may approve, to the funds of such bodies as he may approve.

14 E+W+S The proceedings of an authority shall not be invalidated by any vacancy in its membership, or by any defect in a member’s appointment.

15 [F35 (1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body). E+W+S

(1A) This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above.]

[F36 (2) An authority shall not be entitled to claim in any proceedings any privilege of the Crown in respect of the discovery or production of documents.

This sub-paragraph shall not prejudice any right of the Crown to withhold or procure the withholding from production of any document on the ground that its disclosure would be contrary to the public interest.]

F37 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 5 Pt. III para. 15(1)(1A) substituted (1.9.1999 for E. and 1.12.1999 for W.) for Sch. 15 Pt. III para. 15(1) by 1999 c. 8, s. 65, Sch. 4 para. 39(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

F36 Sch. 5 para. 15(2) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F37 Sch. 5 Pt. III para. 15(3) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 60(g), Sch. 3 (with Sch. 2 para. 6)

16 E+W+S Provision may be made by regulations with respect to the recording of information by an authority, and the furnishing of information by an authority to the Secretary of State or another authority.