National Health Service Act 2006

Section 243

SCHEDULE 16 E+W The Commission for Patient and Public Involvement in Health

Status E+W

1 E+W The Commission for Patient and Public Involvement in Health (“the Commission”) must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission's property must not be regarded as property of, or property held on behalf of, the Crown.

Powers E+W

2 (1) Subject to any directions given by the Secretary of State, the Commission may do anything which appears to it to be necessary or expedient for the purposes of or in connection with its functions. E+W

(2) In particular it may—

(a) acquire and dispose of property, and

(b) enter into contracts.

Membership E+W

3 E+W The Commission consists of a chairman appointed by the Secretary of State, and a number of other members.

Appointment, procedure etc E+W

4 (1) The Secretary of State may by regulations make provision as to— E+W

(a) the appointment of the chairman and other members of the Commission (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment, and the terms of their appointment),

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

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission),

(d) the procedure of the Commission and any of its committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment).

(2) The regulations may, in particular, make provision to deal with cases where the post of any officer of the Commission 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.

5 E+W The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (access to meetings and documents), with or without modifications.

Remuneration and allowances E+W

6 (1) The Commission may pay to its chairman and to any other member such remuneration and allowances as the Secretary of State may determine. E+W

(2) The Commission may pay to any member of a committee or sub-committee such allowances as the Secretary of State may determine.

(3) If the Secretary of State so determines, the Commission must pay, or make provision for the payment of, such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Commission.

(4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Commission to receive compensation, the Commission must pay to him such compensation as the Secretary of State may determine.

Staff E+W

7 (1) There is a Chief Executive of the Commission who is an employee of the Commission and is responsible to the Commission for the general exercise of the Commission's functions. E+W

(2) The Chief Executive must be appointed by the Commission.

(3) The Commission may appoint such other employees as it considers appropriate, on such terms and conditions as the Commission may determine.

Delegation of functions E+W

8 E+W The Commission may arrange for the discharge of any of its functions by a committee, sub-committee, member or employee of the Commission.

Assistance E+W

9 (1) The Commission may arrange for such persons as it considers appropriate to assist it in the discharge of any of its functions. E+W

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to the Commission E+W

10 (1) The Secretary of State may make payments to the Commission of such amounts, at such times and on such conditions (if any) as he considers appropriate. E+W

(2) The Secretary of State may make loans to the Commission on such terms (including terms as to repayment and interest) as he may determine.

(3) The Secretary of State may give directions to the Commission as to the application of any sums he pays it under sub-paragraph (1) or (2), and the Commission must comply with any such directions.

Accounts and audit E+W

11 (1) The Commission must keep accounts in such form as the Secretary of State may determine. E+W

(2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The Commission 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 determine.

(4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

Reports and other information E+W

12 (1) The Commission must— E+W

(a) prepare a report in relation to its activities in each financial year,

(b) as soon as possible after the end of each financial year, send a copy of its report for that year to the Secretary of State,

(c) publish any such report in whichever way the Commission considers appropriate,

(d) make such other reports to the Secretary of State, and supply to him such information, as he may require.

(2) The Secretary of State must lay before Parliament any report he receives under sub-paragraph (1)(b).

(3) The Secretary of State may make regulations providing for the Commission to make other reports, in accordance with the regulations, to prescribed persons or descriptions of person.

Application of seal and evidence E+W

13 E+W The application of the seal of the Commission must be authenticated by the signature—

(a) of any member of the Commission, or

(b) of any other person who has been authorised by the Commission (whether generally or specifically) for that purpose.

14 E+W A document purporting to be duly executed under the seal of the Commission 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.