Health Service Commissioners Act 1993

SCHEDULES

Section 1(3).

SCHEDULE 1 E+W+S The [F1 English and Scottish] Commissioners

Textual Amendments

F1 Sch. 1: words in heading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(2) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

[F2 Introductory E+W+S

Textual Amendments

F2 Sch. 1 para A1 and crossheading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F3 A1 E+W+S In this Schedule references to a Commissioner (or Health Service Commissioner) are to the Health Service Commissioner for England or the Health Service Commissioner for Scotland or to either of those Commissioners (as the context requires).]

Textual Amendments

F3 Sch. 1 para. A1 inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Appointment of Commissioners E+W+S

1 (1) Her Majesty may by Letters Patent appoint a person to be a Commissioner and a person so appointed shall hold office during good behaviour. E+W+S

(2) A person appointed to be a Commissioner—

(a) may at his own request be relieved of office by Her Majesty, or

(b) [F4 except in the case of the Health Service Commissioner for Scotland]may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament; [F5 or

(c) in the case of the Health Service Commissioner for Scotland may be removed from office by Her Majesty in consequence of a resolution of the Scottish Parliament;]

and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five.

(3) Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

Textual Amendments

F4 Words in Sch. 1 para. 1(2)(b) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(a); S.I. 1998/3178, art. 3

F5 Sch. 1 para. 1(2)(c) and preceding “or” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(b); S.I. 1998/3178, art. 3

Appointment of acting Commissioners E+W+S

2 (1) [F6 Where either] of the offices of Commissioner becomes vacant, Her Majesty may, pending the appointment of the new Commissioner, appoint a person under this paragraph to act as that Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose. E+W+S

(2) A person appointed under this paragraph shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of the new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first, and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

(3) A person appointed under this paragraph shall, while he holds office, be treated for all purposes except those of paragraphs 4 to 10 as the Commissioner.

Textual Amendments

F6 Words in Sch. 1 para. 2(1) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Modifications etc. (not altering text)

C1 Sch 1. para. 2: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24

Ineligibility of certain persons for appointment E+W+S

3 (1) A person who is a member of a relevant health service body shall not be appointed a Commissioner or acting Commissioner; and a person so appointed shall not, during his appointment, become a member of such a body. E+W+S

(2) For this purpose a “relevant health service body” means—

(a) in relation to the Health Service Commissioner for England F7 . . . or a person appointed to act as such, a body mentioned in section 2(1) or (2), and

(b) in relation to the Health Service Commissioner for Scotland or a person appointed to act as such, a body mentioned in section 2(3) or any management committee of such a body.

Textual Amendments

F7 Words in Sch. 1 para. 3(2)(a) repealed (1.7.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 16(5), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/1290, art. 4

[F8 3A (1) A person who is a relevant family health service provider shall not be appointed a Commissioner or acting Commissioner; and a person so appointed shall not, during his appointment, become a relevant family health service provider. E+W+S

(2) For this purpose a “relevant family health service provider” means—

(a) in relation to the Health Service Commissioner for England F9 . . . or a person appointed to act as such, a person mentioned in section 2A(1) or (2), and

(b) in relation to the Health Service Commissioner for Scotland or a person appointed to act as such, a person mentioned in section 2A(3).]

Textual Amendments

F8 Sch. 1 para. 3A inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 7; S.I. 1996/970, art. 2(1)

F9 Words in Sch. 1 para. 3A(2)(a) repealed (1.7.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 16(5), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/1290, art. 4

Salaries E+W+S

4 E+W+S [F10 (a)]There shall be paid to the holder of the office of a Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and any such resolution may take effect from the date on which it is passed or from such other date as may be specified in it.

[F11 (b) in relation to the Health Service Commissioner for Scotland the reference in subparagraph (a) above to the House of Commons shall be construed as a reference to the Scottish Parliament.]

Textual Amendments

F10 Sch. 1 para. 4: “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(c)(i); S.I. 1998/3178, art. 3

F11 Sch. 1 para. 4(b) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(c)(ii); S.I. 1998/3178, art. 3

5 E+W+S The salary payable to a holder of the office of a Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected.

6 (1) Where a person holds— E+W+S

(a) the office of Parliamentary Commissioner, and

(b) [F12 either or both] of the offices of Health Service Commissioner,

he shall, so long as he does so, be entitled only to the salary pertaining to the office of Parliamentary Commissioner.

(2) Where a person holds [F13 both] of the offices of Health Service Commissioner he shall, so long as he does so, be entitled only to the salary pertaining to such one of those offices as he selects.

Textual Amendments

F12 Words in Sch. 1 para. 6(1)(b) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(6)(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F13 Words in Sch. 1 para. 6(2) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(6)(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Modifications etc. (not altering text)

C2 Sch. 1 para. 6 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3

Pensions and other benefits E+W+S

7 E+W+S Schedule 1 to the M1 Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who hold or have held office as a Commissioner as it has effect with respect to persons who hold or have held office as the Parliamentary Commissioner.

Marginal Citations

M1 1967 c. 13.

8 E+W+S In computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to the 1967 Act, there shall be disregarded—

(a) any abatement of that salary under paragraph 5,

(b) any temporary abatement of that salary in the national interest, and

(c) any voluntary surrender of that salary in whole or in part.

9 (1) In this paragraph, “relevant office” means the office of Parliamentary Commissioner or any of the offices of Health Service Commissioner. E+W+S

(2) The Treasury may by regulations provide that Schedule 1 to the Parliamentary Commissioner Act 1967 shall have effect, in relation to persons who have held more than one relevant office, with such modifications as it considers necessary in consequence of those persons having held more than one such office; and different regulations may be made in pursuance of paragraph 4 of Schedule 1 to the 1967 Act in relation to different relevant offices.

(3) A person shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of different relevant offices.

(4) Where a person has made or is treated as having made an election in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of any relevant office, he shall be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed.

(5) No account shall be taken for the purposes of Schedule 1 to the 1967 Act of a period of service in a relevant office if salary in respect of the office was not paid for that period.

(6) Regulations under this paragraph may make such incidental or supplementary provision as the Treasury considers necessary.

(7) Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C3 Sch. 1 para. 9: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24

10 E+W+S In any case where a person makes an election under paragraph 2(1)(a) of Schedule 1 to the M2 Parliamentary Commissioner Act 1967 (as substituted by Part II of Schedule 4 to the M3 Judicial Pensions and Retirement Act 1993) so that Schedule 1 to the 1967 Act continues to have effect in relation to him as it did before the coming into force of Part II of Schedule 4 to the 1993 Act, this Schedule shall have effect—

(a) as if in paragraph 7 the words “hold or” (in both places) and in paragraph 9(3) and (4) the words “or 2” (in both places) were omitted, and

(b) as if for the reference in paragraph 9(2) to paragraph 4 of Schedule 1 to the 1967 Act there were substituted a reference to paragraph 8 of that Schedule.

Marginal Citations

M2 1967 c. 13.

M3 1993 c. 8.

Staff and advisers E+W+S

11 (1) A Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service. E+W+S

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 para. 11(2) repealed (1.7.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 16(7), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/1290, art. 4

12 E+W+S Any functions of a Commissioner under this Act may be performed by any officer of the Commissioner authorised by him for that purpose, or by any officer so authorised of [F15 the other Commissioner, the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman].

Textual Amendments

F15 Words in Sch. 1 para. 12 substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(8) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

13 (1) To assist him in any investigation a Commissioner may obtain advice from any person who, in his opinion, is qualified to give it. E+W+S

(2) A Commissioner may pay to any such person from whom he obtains advice under this paragraph such fees or allowances as he may determine with the approval of the Treasury.

Financial provisions E+W+S

14 E+W+S The expenses of a Commissioner [F16 except the Health Service Commissioner for Scotland] under this Act—

(a) shall be paid out of money provided by Parliament, and

(b) shall not exceed such amount as the Treasury may sanction.

Textual Amendments

F16 Words in Sch. 1 para. 14 inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(d); S.I. 1998/3178, art. 3

15 E+W+S Any salary, pension or other benefit payable by virtue of paragraph 2 and paragraphs 4 to 9 shall be charged on and issued out of the Consolidated Fund.

Section 1(3).

[F17 SCHEDULE 1A E+W+S The Welsh Commissioner

Textual Amendments

F17 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F18 Appointment E+W+S

Textual Amendments

F18 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F19 1 (1) The Health Service Commissioner for Wales shall be appointed by Her Majesty. E+W+S

(2) Subject to sub-paragraphs (3) and (4), the Health Service Commissioner for Wales shall hold office until the end of the year of service in which he attains the age of 65.

(3) Her Majesty may relieve the Health Service Commissioner for Wales of office before the end of that year of service—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(4) Her Majesty may remove the Health Service Commissioner for Wales from office before the end of the year of service in which he attains the age of 65 if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

Textual Amendments

F19 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F20 Status E+W+S

Textual Amendments

F20 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F21 2 (1) The Health Service Commissioner for Wales shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown. E+W+S

(2) Service as the Health Service Commissioner for Wales shall not be service in Her Majesty’s Home Civil Service but he shall be taken to be a Crown servant for the purposes of the M4 Official Secrets Act 1989.

Textual Amendments

F21 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M4 1989 c. 6.

F22 Appointment of acting Commissioner E+W+S

Textual Amendments

F22 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F23 3 (1) Where the office of Health Service Commissioner for Wales becomes vacant, Her Majesty may, at any time during the period of twelve months beginning with the date on which the vacancy arose, appoint a person to act as that Commissioner. E+W+S

(2) Subject to sub-paragraphs (3) to (5), an acting Health Service Commissioner for Wales shall hold office in accordance with the terms of his appointment.

(3) An acting Health Service Commissioner for Wales shall not hold office after—

(a) the appointment of a new Health Service Commissioner for Wales, or

(b) the end of the period of twelve months beginning with the date on which the vacancy arose,

whichever occurs first.

(4) Her Majesty may at any time relieve an acting Health Service Commissioner for Wales of office—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(5) Her Majesty may remove an acting Health Service Commissioner for Wales from office at any time if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

(6) A person appointed under this paragraph shall, while he holds office, be regarded for all purposes (except those of paragraph 1 and this paragraph) as the Health Service Commissioner for Wales.

Textual Amendments

F23 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F24 Ineligibility of certain persons for appointment E+W+S

Textual Amendments

F24 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F25 4 (1) A person who is a member of a body mentioned in section 2(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a member of such a body. E+W+S

(2) A person mentioned in section 2A(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a person so mentioned.

Textual Amendments

F25 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F26 Remuneration E+W+S

Textual Amendments

F26 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F27 5 (1) The Assembly shall— E+W+S

(a) pay the Health Service Commissioner for Wales such salary and any such allowances, and

(b) make any such payments towards the provision of superannuation benefits for or in respect of him,

as may be provided for by or under the terms of his appointment.

(2) But where the Health Service Commissioner for Wales is also—

(a) Parliamentary Commissioner, or

(b) Welsh Administration Ombudsman,

he shall not be entitled to any salary as Health Service Commissioner for Wales.

(3) Where the Health Service Commissioner for Wales also holds either or both of the other offices of Health Service Commissioner, he shall be entitled only to the salary pertaining to such one of the offices of Health Service Commissioner as he selects.

(4) The Assembly shall pay to or in respect of a person who has ceased to hold office as Health Service Commissioner for Wales such amounts (if any) by way of—

(a) pension or gratuities, or

(b) provision for those benefits,

as may have been provided for by or under the terms of his appointment.

(5) In Schedule 1 to the M5 Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of “Offices” insert—

“Health Service Commissioner for Wales.”

(6) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the M6 Superannuation Act 1972.

Textual Amendments

F27 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M5 1972 c. 11.

M6 1972 c. 11.

F28 Staff and advisers E+W+S

Textual Amendments

F28 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F29 6 (1) The Health Service Commissioner for Wales may appoint such staff as he considers necessary for assisting him in the exercise of his functions. E+W+S

(2) The Health Service Commissioner for Wales shall include among his staff such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh.

(3) Service as a member of the staff of the Health Service Commissioner for Wales shall be service in Her Majesty’s Home Civil Service.

(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the M7 Superannuation Act 1972.

(5) Any function of the Health Service Commissioner for Wales may be exercised by—

(a) a member of his staff,

(b) a member of the staff of the Welsh Administration Ombudsman, or

(c) an officer of the Parliamentary Commissioner or of another Health Service Commissioner,

if authorised by the Health Service Commissioner for Wales for that purpose; and references in any enactment to a member of the staff of the Health Service Commissioner for Wales include any person exercising any function of his by virtue of paragraph (b) or (c).

(6) To assist him in the exercise of his functions the Health Service Commissioner for Wales may obtain advice from any person who, in his opinion, is qualified to give it.

(7) The Health Service Commissioner for Wales may pay to any person from whom he obtains advice under sub-paragraph (6) any such fees or allowances as he may determine.

(8) No arrangements shall be made—

(a) for any of the functions of the Health Service Commissioner for Wales or of the Assembly to be exercised by the other or by a member of the other’s staff, or

(b) for the provision of any administrative, professional or technical services by the Health Service Commissioner for Wales or the Assembly for the other.

Textual Amendments

F29 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M7 1972 c. 11.

F30 Reports E+W+S

Textual Amendments

F30 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F31 7 (1) The Health Service Commissioner for Wales— E+W+S

(a) shall annually prepare and lay before the Assembly a general report on the performance of his functions, and

(b) may from time to time prepare and lay before the Assembly such other reports with respect to his functions as he thinks fit.

(2) The Assembly shall, and the Health Service Commissioner for Wales may, publish reports laid before the Assembly under this paragraph.

Textual Amendments

F31 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F32 Expenses E+W+S

Textual Amendments

F32 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F33 8 (1) The expenses of the Health Service Commissioner for Wales shall, so far as they cannot be met out of income received by him, be met by the Assembly. E+W+S

(2) Those expenses include any sums payable by the Health Service Commissioner for Wales in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions).

Textual Amendments

F33 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F34 Estimates E+W+S

Textual Amendments

F34 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F35 9 (1) For each financial year after the first financial year of the Assembly the Health Service Commissioner for Wales shall prepare, and submit to the executive committee, an estimate of the income and expenses of his office. E+W+S

(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates.

(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit.

(4) Where the executive committee proposes to lay such an estimate before the Assembly with modifications, the committee shall first consult the Secretary of State and have regard to any advice which he may give.

(5) In this paragraph “the executive committee” means the committee of the Assembly referred to as the executive committee in the Government of Wales Act 1998.

Textual Amendments

F35 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F36 Accounts E+W+S

Textual Amendments

F36 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F37 10 (1) The Health Service Commissioner for Wales shall keep proper accounting records. E+W+S

(2) The Health Service Commissioner for Wales shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.

(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

(c) the additional information (if any) that is to accompany the accounts.

Textual Amendments

F37 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F38 Audit E+W+S

Textual Amendments

F38 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F39 11 (1) The accounts prepared by the Health Service Commissioner for Wales for any financial year shall be submitted by him to the Auditor General for Wales [F40 no later than 30th November of the following financial year]. E+W+S

(2) The Auditor General for Wales shall—

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Textual Amendments

F39 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F40 Words in Sch. 1A para. 11(1) substituted (1.4.2001) by 2000 c. 20, s. 29, Sch. 1 para. 19; S.I. 2000/3349, art. 3(1)(a) (subject to transitional provisions in arts. 4, 5)

Modifications etc. (not altering text)

C4 Sch. 1A para. 11(1): power to amend conferred (1.4.2001) by 2000 c. 20, s. 29, Sch. 1 paras. 19, 27; S.I. 2000/3349, art. 3(1)(a) (subject to transitional provisions in arts. 4, 5)

F41 Accounting officer E+W+S

Textual Amendments

F41 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F42 12 (1) The accounting officer for the Office of the Health Service Commissioner for Wales shall be the Health Service Commissioner for Wales. E+W+S

(2) But where—

(a) the Health Service Commissioner for Wales is incapable of discharging his responsibilities as accounting officer, or

(b) the office of Health Service Commissioner for Wales is vacant (and there is no acting Health Service Commissioner for Wales),

the Treasury may designate a member of the staff of the Health Service Commissioner for Wales to be the accounting officer for so long as paragraph (a) or (b) applies.

(3) The accounting officer for the Office of the Health Service Commissioner for Wales shall have, in relation to the accounts of the Health Service Commissioner for Wales and the finances of the Office of the Health Service Commissioner for Wales, the responsibilities which are from time to time specified by the Treasury.

(4) In this paragraph references to responsibilities include in particular—

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Office of the Health Service Commissioner for Wales, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Health Service Commissioner for Wales are used.

(5) The responsibilities which may be specified under this paragraph include responsibilities owed to—

(a) the Assembly, the executive committee or the Audit Committee of the Assembly, or

(b) the House of Commons or its Committee of Public Accounts.

(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee of the Assembly may—

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Health Service Commissioner for Wales, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(7) In this paragraph and paragraphs 13 and 14 “the Office of the Health Service Commissioner for Wales” means the Health Service Commissioner for Wales and the members of his staff; and in this paragraph “the executive committee” has the same meaning as in paragraph 9.

Textual Amendments

F42 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F43 Examinations into use of resources E+W+S

Textual Amendments

F43 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F44 13 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Health Service Commissioner for Wales has used the resources of the Office of the Health Service Commissioner for Wales in discharging his functions. E+W+S

(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Health Service Commissioner for Wales.

(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee of the Assembly as to the examinations which he should carry out under this paragraph.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Health Service Commissioner for Wales under this paragraph or section 7 of the M8 National Audit Act 1983 (economy etc. examinations).

Textual Amendments

F44 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M8 1983 c. 44.

F45 Examinations by the Comptroller and Auditor General E+W+S

Textual Amendments

F45 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F46 14 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Health Service Commissioner for Wales, the Comptroller and Auditor General— E+W+S

(a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Health Service Commissioner for Wales, or of the Auditor General for Wales, as he may reasonably require for that purpose, and

(b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General shall—

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Health Service Commissioner for Wales under section 7 of the M9 National Audit Act 1983 (economy etc. examinations).]

Textual Amendments

F46 Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M9 1983 c. 44.

Section 20.

SCHEDULE 2 U.K. Consequential amendments

The Parliamentary Commissioner Act 1967 (c.13) U.K.

1 U.K. In section 11A of the Parliamentary Commissioner Act 1967 (consultations between Parliamentary Commissioner and Health Service Commissioners) in subsection (1)(b) for the words “Part V of the National Health Service Act 1977” to the end there shall be substituted “ the Health Service Commissioners Act 1993. ”

2 U.K. In paragraph 8 of Schedule 3 to that Act (action taken by certain health service bodies not subject to investigation by the Parliamentary Commissioner) after the words “Scottish Health Service” there shall be inserted “ by the Dental Practice Board or the Scottish Dental Practice Board ”.

The Local Government Act 1974 (c.7) E+W+S

3 E+W+S In section 29(5)(b) of the Local Government Act 1974 (restriction on disclosure of information by Health Service Commissioners in relation to investigations by Local Commissioners) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Health Service Commissioners Act 1993 ”.

4 (1) Section 33 of that Act (consultation between Local Commissioners, Parliamentary Commissioner and Health Service Commissioners) shall be amended as follows. E+W+S

(2) In subsection (1) for the words “sections 109” to the end of paragraph (b) and for the words “Part V of the Act of 1977” there shall be substituted “ the Act of 1993, ”.

(3) In subsection (3)—

(a) for the words from the beginning to “Commissioner conducting the investigation” there shall be substituted—

“(3) If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner”; and

(b) the words “under the Act of 1967 or Part V of the Act of 1977, as the case may be,” shall be omitted.

(4) In subsection (4) the words “or Part V of the Act of 1977” shall be omitted.

(5) In subsection (5) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “ section 15 of the Act of 1993 ”.

(6) In subsection (6) for the words “the Act of 1977” onwards there shall be substituted “ the “Act of 1993” means the Health Service Commissioners Act 1993. ”

The Local Government (Scotland) Act 1975 (c.30) E+W+S

5 E+W+S In section 27(5)(b) of the Local Government (Scotland) Act 1975 (restriction on disclosure of information by Health Service Commissioner for Scotland in relation to investigations by Commissioner for Local Administration in Scotland) for the words “that section (as applied by section 95 of the National Health Service (Scotland) Act 1978)” there shall be substituted “ section 15 of the Health Service Commissioners Act 1993 ”.

6 (1) Section 31 of that Act (consultation between Commissioner for Local Administration in Scotland, Parliamentary Commissioner and Health Service Commissioner for Scotland) shall be amended as follows. E+W+S

(2) In subsection (1) for the words “section 93 of the Act of 1978” and “Part VI of the Act of 1978” there shall be substituted “ the Act of 1993 ”.

(3) In subsection (3)—

(a) for the words from the beginning to “Commissioner conducting the investigation” there shall be substituted—

“(3) If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner”; and

(b) the words “under the Act of 1967 or Part VI of the Act of 1978, as the case may be,” shall be omitted.

(4) In subsection (4) the words “or Part VI of the Act of 1978” shall be omitted.

(5) In subsection (5) for the words “in that section as applied by section 95 of the Act of 1978” there shall be substituted “ in section 15 of the Act of 1993 ”.

(6) In subsection (6) for the words “the“ Act of 1978”” onwards there shall be substituted “ the “Act of 1993” means the Health Service Commissioners Act 1993. ”

The Hospital Complaints Procedure Act 1985 (c.42) E+W+S

7 E+W+S In section 1(2) of the Hospital Complaints Procedure Act 1985 for the words “under Part V” to “Commissioners)” there shall be substituted “ under the Health Service Commissioners Act 1993 ”.

The Parliamentary and Health Service Commissioners Act 1987 (c.39) U.K.

8 U.K. In section 2(1) of the Parliamentary and Health Service Commissioners Act 1987 (removal of a Commissioner on medical grounds) for the words from the beginning to “for Scotland)” there shall be substituted “ Section 1 of the 1967 Act (which deals with the appointment and tenure of office by the Parliamentary Commissioner) ”.

Section 20.

SCHEDULE 3 U.K. Repeals

Chapter	Short title	Extent of repeal
1974 c. 7.	The Local Government Act 1974.	In section 33(3), the words “under the Act of 1967 or Part V of the Act of 1977 as the case may be”.
		In section 33(4), the words “or Part V of the Act of 1977”.
1975 c. 30.	The Local Government (Scotland) Act 1975.	In section 31(3), the words “under the Act of 1967 or Part VI of the Act of 1978 as the case may be”.
		In section 31(4), the words “or Part VI of the Act of 1978”.
1977 c. 49.	The National Health Service Act 1977.	Sections 106 to 120.
		Section 130(3)(c).
		Schedule 13.
		In Schedule 14, paragraph 17.
		In Schedule 15, paragraphs 60 and 61.
1978 c. 29.	The National Health Service (Scotland) Act 1978.	Sections 90 to 97.
		Schedule 14.
		In Schedule 15, paragraph 12.
1980 c. 53.	The Health Services Act 1980.	In Schedule 1, paragraphs 72 to 74.
		In Schedule 2, paragraphs 7, 8 and 9 and sub-paragraphs (a) to (f) of paragraph 11.
1984 c. 36.	The Mental Health (Scotland) Act 1984.	In Schedule 3, paragraph 42.
1987 c. 39.	The Parliamentary and Health Service Commissioners Act 1987.	Section 2(2).
		Section 4(3) to (5).
		Section 5.
		Section 6(2) and (3).
		Section 7.
		Section 8.
1988 c. 49.	The Health and Medicines Act 1988.	Section 12(4) and (5).
1989 c. 6.	The Official Secrets Act 1989.	In Schedule 1, paragraph 1(h).
1990 c. 19.	The National Health Service and Community Care Act 1990.	In Schedule 9, paragraphs 18(10) and (11) and 19(18).
1993 c. 8.	The Judicial Pensions and Retirement Act 1993.	Part III of Schedule 4.

E+W+S TABLE OF DERIVATIONS

Notes: E+W+S

1 This Table shows the derivation of the provisions of the Bill.

2 E+W+S The following abbreviations are used in this Table:

1967	= The Parliamentary Commissioner Act 1967 (c.13)
1977	= The National Health Service Act 1977 (c.49)
1978	= The National Health Service (Scotland) Act 1978 (c.29)
1980	= The Health Services Act 1980 (c.53)
1987	= The Parliamentary and Health Service Commissioners Act 1987 (c.39)
1990	= The National Health Service and Community Care Act 1990 (c.19)

3 E+W+S The abbreviation “Law Comm R” followed by a number refers to the recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm. 2255).

4 E+W+S Certain functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670 Articles 2(1),(2) and 3(5)). References to the Minister for the Civil Service in the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 are therefore reproduced in the Bill as references to the Treasury.

Provision	Derivation
1(1)	1977 s.106(1); 1978 s.90(1)
(2),(3)	drafting
2(1),(2)	1977 s.109, s.110; 1980 Sch.1 paras.72,73, Sch.2 para.7; Health and Medicines Act 1988 (c.49) s.12(4); 1990 s.2(1), Sch.9 para.18(10),(11); Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39) art.7(20)
(3)	1978 s.93(1); Health and Medicines Act 1988 (c.49) s.12(5); 1990 Sch.9 para.19(18)
(4)	drafting
(5)	1977 s.109(c),(d)
(6)	1977 s.126(1)
3(1)	1977 s.115; 1978 s.93(2)
(2)	1977 s.113(1); 1978 s.93(6)
(3)	1977 s.113(2); 1978 s.93(6)
(4)	1977 s.120(2); 1978 s.97(2)
4(1)	1977 s.116(1); 1978 s.93(3)
(2)	1977 Sch.13 para.19(5); 1978 s.93(4), Sch.14 para.6
(3)	1978 s.93(4), Sch.14 para 7; Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.42; Law Comm R2
5(1)	1977 Sch.13 para.19(1); 1978 s.93(4), Sch.14 para.2
(2)	1977 s.128(1); 1978 s.108(1); Mental Health Act 1983 (c.20) Sch.4 para.47(d); Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.41
6(1)	1977 s.116(2)(b)
(2)	1978 s.93(4), Sch.14 para.1
(3)	1977 Sch.13 para.19(2); 1990 s.2(1)
(4)	1978 s.93(4), Sch.14 para.3
7(1)—(3)	1977 Sch.13 para.19(3),(4); 1978 s.93(4), Sch.14 paras.4,5
(4)	1977 s.116(3); 1978 s.93(5)
(5)	1977 s.126(1); 1978 s.105(2)
8	1977 s.111(1); 1978 s.94(1)
9	1977 s.111(2), s.112, s.114(1); 1978 s.94(2)—(4)
10	1977 s.113(2), s.117; 1978 s.93(6), s.94(5); 1987 s.7, s.8
11	1967 s.7; 1977 Sch.13 paras.1-6; 1978 s.95
12	1967 s.8; Civil Evidence Act 1968 (c.64) s.17(1)(b); 1977 Sch.13 paras.7-11; 1978 s.95
13	1967 s.9; 1977 Sch.13 paras.12-14; 1978 s.95
14(1)	1977 s.119(1); 1978 s.96(1); 1987 s.5(1)
(2)	1977 s.119(2); 1978 s.96(3); 1987 s.5(2),(3)
(3)	1977 s.119(3); 1978 s.96(4); 1980 Sch.2 paras.9,11
(4)	1977 s.119(4)(b); 1978 s.96(5); 1980 Sch.2 paras.9,11
(5)	1977 s.119(5); 1978 s.96(7)
15	1967 s.11(2); 1977 Sch.13 para.16; 1978 s.95; Official Secrets Act 1989 (c.6) Sch.1 para.1
16	1967 s.11(3); 1977 Sch.13 para.17,18; 1978 s.95
17	1977 Sch.13 para.16A; 1978 s. 95A(3); 1987 s.4(4),(5)
18	Local Government (Scotland) Act 1975 (c.30) s.31(3)–(4); 1977 s.118(1)–(3); 1978 s.95A(1),(2); 1987 s.4(3),(5); Law Comm R4
19	1977 s.120(1), s.128(1); 1978 s.97(1), s.108(1)
20
21
22	1977 s.130(3),(4)
Sch. 1 para.1	1977 s.106(2)–(3A); 1978 s.90(2)–(3A); 1987 s.2(1),(2)
para.2	1977 s.108A(1)–(3); 1978 s.92A(1)–(3); 1987 s.6(2),(3)
para.3	1977 s.106(4), s.108A(5); 1978 s.90(5), s.92A(5); 1987 s.6(2),(3)
para.4	1977 s.107(1); 1978 s.91(1)
para.5	1977 s.107(3); 1978 s.91(3)
para.6	1977 s.107(5); 1978 s.91(5)
para.7	1977 s.107(2); 1978 s.91(2)
para.8	1977 s.107(4); 1978 s.91(4)
para.9(1)	drafting
(2)	1977 s.107(7); 1978 s.91(7)
(3)—(5)	1977 s.107(6); 1978 s.91(6); Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
(6)	1977 s.126(4); 1978 s.105(7)
(7)	1977 s.126(1); 1978 s.105(1),(2)
para.10	Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III
para.11	1977 s.108(1); 1978 s.92(1)
para.12	1977 s.108(2); 1978 s.92(2)
para.13	1977 s.108(3); 1978 s.92(3)
para.14	1977 s.108(4); 1978 s.92(4)
para.15	1977 s.107(8), s.108A(4); 1978 s.91(8), s.92A(4); 1987 s.6(2),(3)
Sch. 2	Para 2, Law Comm R1
Sch. 3