9E+WProvision may be made by regulations as to—
(a)the appointment and tenure of office of the chairman, vice-chairman and members of a Strategic Health Authority,
(b)the appointment and tenure of office of any members of a committee or sub-committee of a Strategic Health Authority who are not members of the Strategic Health Authority,
(c)the appointment and tenure of office of any members of a joint committee or joint sub-committee including a Strategic Health Authority who are not members of the Strategic Health Authority,
[F1(d)the circumstances in which the chairman or vice-chairman or any member of a Strategic Health Authority may be suspended from office,]
(e)the appointment and constitution of committees and sub-committees (and joint committees and joint sub-committees) of (or including) a Strategic Health Authority (including any such committees consisting wholly or partly of persons who are not members of the Strategic Health Authority in question), and
(f)the procedure of a Strategic Health Authority and of such committees and sub-committees as are mentioned in paragraph (e).
Textual Amendments
F1Sch. 2 para. 9(d) substituted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 3 para. 10 (with Sch. 3 para. 19); S.I. 2010/30, art. 2(d)
10E+WRegulations made under this Schedule may make provision (including provision modifying this Schedule) to deal with cases where the post of chief officer or any other officer of a Strategic Health 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.
11E+WA Strategic Health Authority may pay subscriptions, of such amounts as the Secretary of State may approve, to the funds of such bodies as he may approve.
12E+WA Strategic Health Authority has power to accept gifts of property (including property to be held on trust, either for the general or any specific purposes of the Strategic Health Authority or for any purposes relating to the health service).
13(1)The Secretary of State may by order provide for the appointment of trustees for a Strategic Health Authority to hold property on trust—E+W
(a)for the general or any specific purposes of the Strategic Health Authority (including the purposes of any specific hospital or other establishment or facility at or from which services are provided by the Strategic Health Authority), or
(b)for any purposes relating to the health service.
(2)An order under sub-paragraph (1) may—
(a)make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment,
(b)make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),
(c)make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as he considers appropriate, and
(d)make provision with respect to the term of office of any trustee and his removal from office.
(3)Where under sub-paragraph (1) trustees have been appointed for a Strategic Health Authority, the Secretary of State may by order provide for the transfer of any trust property from the Strategic Health Authority to the trustees.
14E+WThe proceedings of a Strategic Health Authority are not invalidated by any vacancy in its membership or by any defect in a member's appointment.
15(1)A Strategic Health Authority may—E+W
(a)make available at a hospital for which it has responsibility accommodation or services for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the Strategic Health Authority in respect of the accommodation or services, and
(b)make and recover charges in respect of such accommodation or services and calculate them on any basis that it considers to be the appropriate commercial basis.
(2)A Strategic Health Authority may exercise the power conferred by sub-paragraph (1) only if it is satisfied that its exercise—
(a)does not to any significant extent interfere with the performance by the Strategic Health Authority of any function conferred on it under this Act to provide accommodation or services of any kind, and
(b)does not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.
(3)Before a Strategic Health Authority decides to make accommodation or services available under sub-paragraph (1), it must consult organisations representative of the interests of persons likely to be affected by the decision.
(4)A Strategic Health Authority may allow accommodation or services which are made available under sub-paragraph (1) to be so made available in connection with treatment in pursuance of arrangements—
(a)made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital,
(b)for the treatment of private patients of that practitioner.
(5)References in this paragraph to a health service hospital include references to such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42), but do not include references to a hospital vested in an NHS trust or an NHS foundation trust.
16(1)Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Strategic Health Authority of any function exercisable by it by virtue of section 7 or section 14 are enforceable by or against that Strategic Health Authority (and no other body).E+W
(2)This paragraph does not apply in relation to the joint exercise of any functions by a Strategic Health Authority with another body under section 14(2)(c).
17E+WProvision may be made by regulations with respect to the recording of information by a Strategic Health Authority, and the furnishing of information by a Strategic Health Authority to the Secretary of State, another Strategic Health Authority or a Special Health Authority.