National Health Service and Community Care Act 1990

General powers E+W

16 (1) Subject to Schedule 3 to this Act, an NHS trust shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions, including in particular power—

(a) to acquire and dispose of land and other property;

(b) to enter into such contracts as seem to the trust to be appropriate;

(c) to accept gifts of money, land or other property, including money, land or other property to be held on trust, either for the general or any specific purposes of the NHS trust or for all or any purposes relating to the health service; [F1 and

(d) to employ staff on such terms as the trust thinks fit.]

(2) The reference in sub-paragraph (1)(c) above to specific purposes of the NHS trust includes a reference to the purposes of a specific hospital or other establishment or facility [F2 at or from which services are provided] by the trust.

[F3 (3) An NHS trust may employ such staff as it thinks fit.

(4) Subject to sub-paragraph (5) below, an NHS trust may—

(a) pay its staff such remuneration and allowances, and

(b) employ them on such other terms and conditions,

as it thinks fit.

(5) An NHS trust shall—

(a) in exercising its powers under sub-paragraph (4) above, and

(b) otherwise in connection with the employment of its staff,

act in accordance with regulations and any directions given by the Secretary of State.

(6) Before making any regulations under sub-paragraph (5) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.]

Textual Amendments

F1 Sch. 2 para. 16(1)(d) and the word "and" preceding it repealed (1.10.2001 for E. by S.I. 2001/3294, art. 2 to the extent that s. 16(1)(d) is omitted by virtue of s. 6(3)(a) of the repealing Act, and otherwise in force immediately before the National Health Service Act 2006 (c. 43) (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act) by Health and Social Care Act 2001 (c. 15), ss. 6(3)(a), 67(2), 70, Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2006/1407, arts. 1(1)(2), 2, Sch. 1 Pt. 2 {para. 8(c)}

F2 Words in Sch. 2 para. 16(2) substituted (retrospectively) by 1999 c. 8, s. 13(8)(10); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F3 Sch. 2 para. 16(3)-(6) inserted (1.10.2001 for E. and 24.1.2004 for W.) by 2001 c. 15, ss. 6(3)(b), 70 (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 2; S.I. 2004/103, art. 2

17 (1) Without prejudice to the generality of paragraph 16 above, for or in respect of such of its employees as it may determine, an NHS trust may make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the trust or otherwise, of one or more pension schemes.

(2) The reference in sub-paragraph (1) above to pensions, allowances or gratuities to or in respect of employees of an NHS trust includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss or diminution of emoluments.