National Health Service Act 1977

Staff E+W+S

10 [F1 (1) Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority . . . F2 may employ such officers as it may determine [F3 and pay its officers such remuneration and allowances, and employ them on such other terms and conditions,] as it may determine; and regulations and directions under] this sub-paragraph [F4 may make provision with respect to any matter connected with the employment by an authority of its officers, including in particular provision—] E+W+S

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

(b) requiring an authority to employ [F5 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.

[F6 (1A) Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them [F7 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 . . . F8 , 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.

[F9 (2A) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F10 section 32 of the M1 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F10 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 [F10 the M2 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,

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) by the Secretary of State to any authority . . . F12 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 . . .

(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

F1 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)

F2 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

F3 Words in Sch. 5 Pt. III para. 10(1) substituted (1.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 6(1)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 2

F4 Words in Sch. 5 Pt. III para. 10(1) substituted (1.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 6(1)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 2

F5 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)

F6 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)

F7 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 8

F8 Words repealed by S.I. 1985/39, art. 7(22)(a)(i)

F9 Para. 10(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(b)

F10 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 paras. 8, 10

F11 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)

F12 Words repealed by S.I. 1985/39, art. 7(22)(a)(ii)

F13 Words in Sch. 5 Pt. III para. 10(3) omitted (1.9.1999 for E. and 1.12.1999 for W.) and repealed (1.4.2000) 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

M1 1984 c. 24(83:1).

M2 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, F14 . . . before he F14 . . . 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) F14 . . .of paragraph 10(3), with respect to the directions such body as he F14 . . .may recognise as representing the officer.

(3) If the Secretary of State F15 . . .—

(a) considers it necessary to give directions in pursuance of paragraph (a) F15 . . .of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and

(b) has previously consulted bodies recognised by him F15 . . .as representing the relevant officers about the giving of directions for that purpose,

the Secretary of State F15 . . .shall be entitled to disregard sub-paragraph (2) above in relation to the directions.

Textual Amendments

F14 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)

F15 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)