National Health Service Act 1977

[F1 Part II E+W+S Constitution and Membership

Textual Amendments

F1 Sch. 5A inserted (8.9.1999, 4.1.2000 and 1.4.2000 for specified purposes for E., and otherwise prosp.) by 1999 c. 8, s. 2(2), Sch. 1; S.I. 1999/2342, art. 2(2)(b)(3)(a)(4)(a), Schs. 1, 2, 3

Corporate status E+W+S

3 E+W+S Every Primary Care Trust shall be a body corporate.

Membership E+W+S

4 E+W+S The members of a Primary Care Trust shall be—

(a) a chairman appointed by the Secretary of State,

(b) officers of the trust, and

(c) a number of persons who are not officers of the trust.

5 (1) Regulations may make provision about— E+W+S

(a) the appointment of the chairman and other members of a Primary Care Trust (including any conditions to be fulfilled for appointment),

(b) the tenure of office of the chairman and other members of a trust (including the circumstances in which they cease to hold office or may be removed or suspended from office),

(c) how many persons may be appointed as members of a trust and how many of those members may be officers (a minimum and maximum number may be specified for both purposes),

(d) the appointment and constitution of any committees of a trust (which may include or consist of persons who are not members of the trust),

(e) the appointment and tenure of office of the members of any committees of a trust,

(f) the procedure to be followed by a trust, and by any committee of the trust, in the exercise of its functions,

(g) the circumstances in which a person who is not an officer of the trust is to be treated as if he were such an officer.

(2) The power to make provision under paragraphs (c) and (f) of sub-paragraph (1) above includes power to make regulations about the number of persons who may be appointed and the procedure to be followed during the preparatory period.

(3) Any regulations under this paragraph may, in particular, make provision to deal with cases where the post of any officer of a Primary Care Trust 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.

6 E+W+S Any reference in this Part of this Schedule to a committee of a Primary Care Trust includes a reference to sub-committees of, and joint committees and joint sub-committees including, the trust.

7 E+W+S The validity of any proceedings of a Primary Care Trust, or of any of its committees, shall not be affected by any vacancy among the members or by any defect in the appointment of any member.

Staff E+W+S

8 A Primary Care Trust may employ officers, and on such terms and conditions, as it thinks fit.

9 (1) Without prejudice to the generality of section 17 above the Secretary of State may direct a Primary Care Trust— E+W+S

(a) to make the services of any of its officers available to another Primary Care Trust, or

(b) to employ any person who is or was employed by another Primary Care Trust and is specified in the direction.

(2) Before he gives a direction under sub-paragraph (1) above the Secretary of State shall—

(a) consult the person whose services are to be made available or who is to be employed,

(b) satisfy himself that the trust has consulted that person, or

(c) consult such body as he may recognise as representing that person.

(3) Sub-paragraph (2) above does not apply in relation to a direction under sub-paragraph (1)(a) above if the Secretary of State—

(a) considers it necessary to give the direction for the purpose of dealing temporarily with an emergency, and

(b) has previously consulted bodies recognised by him as representing the person whose services are to be made available about the giving of directions for that purpose.

10 In addition to making provision in relation to Health Authorities and Special Health Authorities, regulations under paragraph 10(2) of Schedule 5 to this Act may also provide—

(a) for the transfer of officers from one Primary Care Trust to another, and

(b) for arrangements under which the services of officers of a Primary Care Trust are placed at the disposal of another Primary Care Trust or a local authority.

Yn ddilys o 01/10/2002

[F2 10A E+W+S Where the registration of a dentist in the dentist’s register is suspended—

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

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

the suspension shall not terminate any contract of employment made between him and a Primary Care Trust, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Primary Care Trust which involves the practice of dentistry within the meaning of that Act.]

Textual Amendments

F2 Sch. 5A para. 10A inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 37; S.I. 2002/2478, art. 3(1)(d)

Remuneration, pensions etc] E+W+S

11 (1) A Primary Care Trust may pay the chairman and any other members of the trust such remuneration and such travelling and other allowances as may be determined by the Secretary of State.

(2) A trust may pay its officers such remuneration and allowances as it may determine.

(3) A trust may pay the chairman or any person who has been chairman of the trust such pension, allowance or gratuity as may be determined by the Secretary of State.

(4) A trust may pay the members of any committee of a trust such travelling and other allowances as may be determined by the Secretary of State.

(5) If, when a person ceases to be chairman of a trust, the Secretary of State determines that there are special circumstances which make it right that that person should receive compensation, the trust shall pay to him a sum by way of compensation of such amount as the Secretary of State may determine.