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- Point in Time (03/10/1994)
- Original (As enacted)
Version Superseded: 28/06/1995
Point in time view as at 03/10/1994.
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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 [F4and 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 [F7section 32 of the M1Dentists Act 1984] (interim suspension); or
(b)by a direction or [F7an 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 [F7the M2Dentists 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 [F8or District] Health Authority of which the area [F8or district] is included in its region to place services of any of its officers at the disposal of another such Area [F8or 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 [F8or District] Health Authority of which the area [F8or district] is included in its region to employ as an officer of the Area [F8or District] Health Authority any person who is or was employed by an authority other than the Area [F8or 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
F1Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 3(1)
F2Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5, 24, Sch. 3 para. 14, Sch. 8 Pt. I
F3Para. 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)
F4Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 8
F5Words repealed by S.I. 1985/39, art. 7(22)(a)(i)
F6Para. 10(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(b)
F7Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 paras. 8, 10
F8Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 80
F9Words repealed by S.I. 1985/39, art. 7(22)(a)(ii)
Marginal Citations
M11984 c. 24(83:1).
M21984 c. 24(83:1).
11(1)It shall be the duty of the Secretary of State, before he makes regulations in pursuance of paragraph 10 above, to consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.
(2)Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, or, as the case may be, a Regional Health Authority’s, before he or the Authority gives directions to an authority in pursuance of sub-paragraph (3) of paragraph 10 above in respect of any officer of an authority—
(a)to consult the officer about the directions; or
(b)to satisfy himself or itself that the authority of which he is an officer has consulted the officer about the placing or employment in question; or
(c)to consult, except in the case of a direction in pursuance of paragraph (c) or paragraph (d) of paragraph 10(3), with respect to the directions such body as he or the Authority may recognise as representing the officer.
(3)If the Secretary of State or Regional Health Authority—
(a)considers it necessary to give directions in pursuance of paragraph (a) or paragraph (b) of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and
(b)has previously consulted bodies recognised by him or the Authority as representing the relevant officers about the giving of directions for that purpose,
the Secretary of State or the Authority shall be entitled to disregard sub-paragraph (2) above in relation to the directions.
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