Health and Social Care Act 2012

226 Accountability and governance E+W

(1) Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows.

(2) In paragraph 4 (membership and chair)—

(a) in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and

(b) in paragraph (f), for “two executive members” substitute “one executive member”.

(3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.

(4) In paragraph 10 (remuneration and allowances)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and

(b) for sub-paragraphs (3) and (4) substitute—

“(3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.

(4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.”

(5) In paragraph 11 (employees)—

(a) in sub-paragraph (1), for “members” substitute “member”, and

(b) in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.

(6) In paragraph 15 (accounts)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”, and

(b) in sub-paragraph (3)—

(i) omit “the Secretary of State and”, and

(ii) for “the Secretary of State” substitute “the Privy Council”.

(7) In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—

“(1B) The Authority must, by such date in each year as the Privy Council determines, publish—

(a) a strategic plan for the Authority for the coming financial year, and

(b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.”

(8) In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each of its strategic plans published in that year,”.

(9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—

“(3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I1 S. 226(1) in force at 1.12.2012 for specified purposes by S.I. 2012/2657, art. 2(3)

I2 S. 226(1) in force at 4.6.2018 in so far as not already in force by S.I. 2018/617, art. 2(b) (with art. 3)

I3 S. 226(2)(a) in force at 9.6.2014 by S.I. 2014/1454, art. 2

I4 S. 226(2)(b)(5) in force at 1.12.2012 by S.I. 2012/2657, art. 2(3)

I5 S. 226(3)(4)(6)-(9) in force at 4.6.2018 by S.I. 2018/617, art. 2(b) (with art. 3)