There are outstanding changes not yet made by the legislation.gov.uk editorial team to National Health Service Act 1977. Any changes that have already been made by the team appear in the content and are referenced with annotations.
8E+W+SEach [F1Strategic Health Authority, each][F2Health Authority and each Special Health Authority] (hereinafter in this Schedule referred to severally as “an authority”) shall be a body corporate.
Textual Amendments
F1Words in Sch. 5 Pt. 3 para. 8 inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 34(3)(a); S.I. 2002/2478, art. 3(1)(c)
F2Words in Sch. 1 Pt. III para. 8 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(a) (with Sch. 2 para. 6)
9(1)The Secretary of State may pay to the chairman of an authority [F3and to any member of a relevant authority who is appointed by the Secretary of State F4. . .] . . . F5 such remuneration as he may determine with the approval of [F6the Treasury].E+W+S
(2)The Secretary of State may provide as he may determine with the approval of [F7the Treasury] for the payment of a pension, allowance or gratuity to or in respect of the chairman of an authority . . . F5.
(3)Where a person ceases to be chairman of an authority . . . F5, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the approval of [F8the Treasury].
(4)The Secretary of State may pay to a member of an authority, or of a committee or sub-committee of [F9, or joint committee or joint sub-committee including,] an authority, such travelling and other allowances (including attendance allowance or compensation for the loss of remunerative time) as he may determine with the approval of [F10the Treasury].
(5)Allowances shall not be paid in pursuance of sub-paragraph (4) above except in connection with the exercise, in such circumstances as the Secretary of State may determine with the approval of [F10the Treasury], of such functions as he may so determine.
(6)Payments under this paragraph shall be made at such times, and in such manner and subject to such conditions, as the Secretary of State may determine with the approval of [F11the Treasury].
[F12(7)In sub-paragraph (1) above “relevant authority”[F13means—
(a)a [F14Strategic Health Authority or] Health Authority; or
(b)any Special Health Authority which is specified] in Schedule 1 to the Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order M11982, in the Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order M21984 or in any other provision of an order under this Act which specifies an authority for the purposes of this sub-paragraph.]
Textual Amendments
F3Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 7
F4Words in Sch. 5 Pt. III para. 9(1) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(b)(i), Sch. 3 (with Sch. 2 para. 6)
F5Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5, 24, Sch. 3 para. 13, Sch. 8 Pt. I
F6Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)
F7Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)
F8Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d), 3(5)
F9Words in Sch. 5 Pt. III para. 9(4) inserted (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(2); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2
F10Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d)(2), 3(5)
F11Words substituted by virtue of S.I. 1981/1670, arts 2(1)(2), 3(5)
F12Sch. 5 para. 9(7) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 7(2)
F13Words in Sch. 5 Pt. III para. 9(7) and sub-paras. (a)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(b)(ii) (with Sch. 2 para. 6)
F14Words in Sch. 5 Pt. 3 para. 9(7)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 34(3)(b); S.I. 2002/2478, art. 3(1)(c)
Modifications etc. (not altering text)
C1Para. 9 modified by Mental Health Act 1983 (c. 20, SIF 85), s. 121(11)
C2Sch. 5 para. 9(1)(4): functions not to be exercised by a primary care trust (1.4.2000) by S.I. 2000/695, reg. 4(1), Sch. 4
C3Sch. 5 para. 9(1)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
Marginal Citations
10[F15(1)Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority . . . F16 may employ such officers as it may determine [F17and pay its officers such remuneration and allowances, and employ them on such other terms and conditions,] as it may determine; and regulations and directions under] this sub-paragraph [F18may make provision with respect to any matter connected with the employment by an authority of its officers, including in particular provision—]E+W+S
(a)with respect to the qualifications of persons who may be employed as officers of an authority;
(b)requiring an authority to employ [F19a chief officer and officers of such other descriptions as may be prescribed and 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.
[F20(1A)Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them [F21and 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 . . . F22, 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.
[F23(2A)Where the registration of a dental practitioner in the dentists register is suspended—
(a)by an order under [F24section 32 of the M3Dentists Act 1984] (interim suspension); or
(b)by a direction or [F24an 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 [F24the M4Dentists 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,
F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)by the Secretary of State to any authority . . . F26 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,
F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27. . .
(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
F15Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 3(1)
F16Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5, 24, Sch. 3 para. 14, Sch. 8 Pt. I
F17Words in Sch. 5 Pt. III para. 10(1) substituted (1.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 6(1)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 2
F18Words in Sch. 5 Pt. III para. 10(1) substituted (1.10.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 6(1)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 2
F19Words in Sch. 5 Pt. III para. 10(1)(b) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(c)(i) (with Sch. 2 para. 6)
F20Para. 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)
F21Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 8
F22Words repealed by S.I. 1985/39, art. 7(22)(a)(i)
F23Para. 10(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(b)
F24Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 paras. 8, 10
F25Sch. 5 Pt. III para. 10(3)(b)(d) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(c)(ii), Sch. 3 (with Sch. 2 para. 6)
F26Words repealed by S.I. 1985/39, art. 7(22)(a)(ii)
F27Words in Sch. 5 Pt. III para. 10(3) omitted (1.9.1999 for E. and 1.12.1999 for W.) and repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 39(3), Sch. 5; S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2; S.I. 2000/1041, art. 2(d), Sch.
Marginal Citations
M31984 c. 24(83:1).
M41984 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.E+W+S
(2)Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, F28. . . before he F28. . . 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. . .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) F28. . .of paragraph 10(3), with respect to the directions such body as he F28. . .may recognise as representing the officer.
(3)If the Secretary of State F29. . .—
(a)considers it necessary to give directions in pursuance of paragraph (a) F29. . .of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and
(b)has previously consulted bodies recognised by him F29. . .as representing the relevant officers about the giving of directions for that purpose,
the Secretary of State F29. . .shall be entitled to disregard sub-paragraph (2) above in relation to the directions.
Textual Amendments
F28Words in Sch. 5 Pt. III para. 11(2) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(d)(i), Sch. 3 (with Sch. 2 para. 6)
F29Words in Sch. 5 Pt. III para. 11(3) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 60(d)(ii), Sch. 3 (with Sch. 2 para. 6)
12E+W+SProvision may be made by regulations as to—
(a)the appointment and tenure of office of the chairman [F30vice-chairman] and members of an authority [F31and any members of a committee or sub-committee of [F32, or joint committee or joint sub-committee including,] an authority who are not members of the authority];
[F33(aa)the circumstances in which a member of an authority who is (or is to be regarded as) an officer of the authority may be suspended from performing his functions as a member]
(b)the appointment [F34and constitution] of F35. . . committees and sub-committees [F36(and joint committees and joint sub-committees) of (or including) an authority (including any such committees] consisting wholly or partly of persons who are not members of the authority in question); and
(c)the procedure of an authority, and of such committees and sub-committees as are mentioned in sub-paragraph (b) above.
Textual Amendments
F30Word inserted by S.I. 1985/39, art. 7(22)(b)
F31Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(a)
F32Words in Sch. 5 Pt. III para. 12(a) inserted (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(4)(a); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2
F33Sch. 5 para. 12(aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(b)
F34Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 9(c)
F35Words in Sch. 5 Pt. III para. 12(b) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 60(e), Sch. 3 (with Sch. 2 para. 6)
F36Words in Sch. 5 Pt. III para. 12(b) substituted (1.9.1999 for E., and 1.12.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 39(4)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2
[F3712AE+W+SRegulations made by virtue of this Schedule [F38may make provision (including provision modifying this Schedule)] to deal with cases where the post of chief officer or any other officer of an 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.]
Textual Amendments
F37Sch. 5 para. 12A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(3), 2, Sch. 1 para. 10
F38Words in Sch. 5 Pt. III para. 12A substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 60(f) (with Sch. 2 para. 6)
13E+W+SAn authority may pay subscriptions, of such amounts as the Secretary of State may approve, to the funds of such bodies as he may approve.
14E+W+SThe proceedings of an authority shall not be invalidated by any vacancy in its membership, or by any defect in a member’s appointment.
15[F39(1)Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body).E+W+S
(1A)This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above.]
[F40(2)An authority shall not be entitled to claim in any proceedings any privilege of the Crown in respect of the discovery or production of documents.
This sub-paragraph shall not prejudice any right of the Crown to withhold or procure the withholding from production of any document on the ground that its disclosure would be contrary to the public interest.]
F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Sch. 5 Pt. III para. 15(1)(1A) substituted (1.9.1999 for E. and 1.12.1999 for W.) for Sch. 15 Pt. III para. 15(1) by 1999 c. 8, s. 65, Sch. 4 para. 39(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2
F40Sch. 5 para. 15(2) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F41Sch. 5 Pt. III para. 15(3) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 60(g), Sch. 3 (with Sch. 2 para. 6)
16E+W+SProvision may be made by regulations with respect to the recording of information by an authority, and the furnishing of information by an authority to the Secretary of State or another authority.
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