National Health Service Act 1977

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 at such remuneration and on such conditions of service as it may determine; and regulations and directions under] this sub-paragraph may contain provision—

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

(b) requiring an authority 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.

[F3 (1A) Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them [F4 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 . . . F5 , 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.

[F6 (2A) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F7 section 32 of the M1 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F7 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 [F7 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,

(b) subject to any directions given by the Secretary of State in pursuance of this sub-paragraph, by a Regional Health Authority to an Area [F8 or District] Health Authority of which the area [F8 or district] is included in its region to place services of any of its officers at the disposal of another such Area [F8 or District] Health Authority,

(c) by the Secretary of State to any authority . . . F9 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,

(d) by a Regional Health Authority to an Area [F8 or District] Health Authority of which the area [F8 or district] is included in its region to employ as an officer of the Area [F8 or District] Health Authority any person who is or was employed by an authority other than the Area [F8 or District] Health Authority and is specified in the direction,

and it shall be the duty of an authority to which directions are given in pursuance of this sub-paragraph to comply with the directions.

(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 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)

F4 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 8

F5 Words repealed by S.I. 1985/39, art. 7(22)(a)(i)

F6 Para. 10(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(b)

F7 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 paras. 8, 10

F8 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 80

F9 Words repealed by S.I. 1985/39, art. 7(22)(a)(ii)

Marginal Citations

M1 1984 c. 24(83:1).

M2 1984 c. 24(83:1).