National Health Service Reform and Health Care Professions Act 2002

Section 25(4)

SCHEDULE 7 U.K. [F1 The Professional Standards Authority for Health and Social Care]

Textual Amendments

F1 Sch. 7 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 66; S.I. 2012/2657, art. 2(3)

Status U.K.

1 [F2 The Authority] is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the [F3 Authority's] property is not to be regarded as property of, or property held on behalf of, the Crown.

Textual Amendments

F2 Words in Sch. 7 para. 1 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F3 Word in Sch. 7 para. 1 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 65; S.I. 2012/2657, art. 2(3)

2 U.K. For the purposes of—

(a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b) section 70(6) of that Act (accounts prepared by cross-border bodies),

the [F4 Authority] is to be treated as a cross-border public authority within the meaning of that Act.

Textual Amendments

F4 Word in Sch. 7 para. 2 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Powers U.K.

3 The power in section 26(1) includes the power to—

(a) acquire and dispose of land and other property, and

(b) enter into contracts.

Membership and chairman U.K.

[F5 4 [F6 The Authority] is to consist of—

(a) a chair appointed by the Privy Council,

(b) one non-executive member appointed by the Scottish Ministers,

(c) one non-executive member appointed by the Welsh Ministers,

(d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(e) three non-executive members appointed by [F7 the Privy Council], and

(f) [F8 one executive member] appointed in accordance with paragraph 11.]

Textual Amendments

F5 Sch. 7 para. 4 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(2), 170(3)(4); S.I. 2008/3244, art. 2(b)

F6 Words in Sch. 7 para. 4 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F7 Words in Sch. 7 para. 4(e) substituted (9.6.2014) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(a), 306(4); S.I. 2014/1454, art. 2

F8 Words in Sch. 7 para. 4(f) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(b), 306(4); S.I. 2012/2657, art. 2(3)

Appointment, procedure etc U.K.

F9 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 7 para. 5 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 52, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(iv)(e), Sch.

6 U.K. The Secretary of State may by regulations provide for—

[F10 (a) the conditions to be fulfilled for appointment as chair or other member of the [F11 Authority],]

(b) the tenure of office of the [F12 chair and non-executive members] of the [F11 Authority] (including the circumstances in which they cease to hold office or may be removed or suspended from office),

[F13 (ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair,] and

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the [F11 Authority] (including committees and sub-committees which consist of or include persons who are not members of the [F11 Authority]).

Textual Amendments

F10 Sch. 7 para. 6(a) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(a), 170; S.I. 2008/3244, art. 2(b)

F11 Words in Sch. 7 para. 6(a)(b)(c) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F12 Words in Sch. 7 para. 6(b) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(b), 170; S.I. 2008/3244, art. 2(b)

F13 Sch. 7 para. 6(ba) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(c), 170; S.I. 2008/3244, art. 2(b)

Commencement Information

I1 Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

7 U.K. The [F14 Authority] may regulate its own procedure.

Textual Amendments

F14 Word in Sch. 7 para. 7 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

8 U.K. The validity of any proceedings of the [F15 Authority] is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Textual Amendments

F15 Word in Sch. 7 para. 8 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Members’ interests U.K.

9 (1) The [F16 Authority] must establish and maintain a system for the declaration and registration of private interests of its members.

(2) The [F16 Authority] must publish entries recorded in the register of members’ interests.

Textual Amendments

F16 Words in Sch. 7 para. 9(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Remuneration and allowances U.K.

10 (1) The [F17 Authority] may pay to its [F18 chair], and to any other member of the [F17 Authority], such remuneration and allowances as the Secretary of State may determine.

(2) The [F17 Authority] may pay to any member of a committee or sub-committee of the [F17 Authority] such allowances as the Secretary of State may determine.

(3) If the Secretary of State so determines, the Council must provide for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the [F18 chair] or any other member of the Council.

(4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as [F18 chair] of the Council to receive compensation, the Council must pay to him such compensation as the Secretary of State may determine.

Textual Amendments

F17 Word in Sch. 7 para. 10(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F18 Word in Sch. 7 para. 10 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(4), 170(3)(4); S.I. 2008/3244, art. 2(b)

Employees U.K.

[F19 11 (1) The [F20 Authority] may appoint the executive [F21 member] referred to in paragraph 4(f) on such terms and conditions as the [F20 Authority] may determine.

(2) The executive [F22 member must be an employee] of the [F20 Authority] .

(3) Any decision of the [F20 Authority] under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

(4) The [F20 Authority] may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.]

Textual Amendments

F19 Sch. 7 para. 11 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(5), 170(3)(4); S.I. 2008/3244, art. 2(b)

F20 Words in Sch. 7 para. 11(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F21 Word in Sch. 7 para. 11(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(a), 306(4); S.I. 2012/2657, art. 2(3)

F22 Words in Sch. 7 para. 11(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(b), 306(4); S.I. 2012/2657, art. 2(3)

Delegation of functions U.K.

12 (1) The [F23 Authority] may arrange for the discharge of any of its functions by—

(a) a committee, sub-committee, member or employee of the [F23 Authority], or

(b) any other person.

(2) If the [F23 Authority] does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Textual Amendments

F23 Words in Sch. 7 para. 12(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Assistance U.K.

13 (1) The [F24 Authority] may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Textual Amendments

F24 Word in Sch. 7 para. 13 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Payments and loans to [F25 Authority] U.K.

14 (1) The Secretary of State may make payments out of money provided by Parliament to the [F26 Authority] of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) An appropriate authority may make payments to the [F26 Authority] of such amounts, at such times and on such conditions (if any) as it considers appropriate.

[F27 (2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.]

(3) The Secretary of State may make loans out of money provided by Parliament to the [F26 Authority] on such terms (including terms as to repayment and interest) as he may determine.

(4) An appropriate authority may make loans to the [F26 Authority] on such terms (including terms as to repayment and interest) as it may determine.

F28 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Secretary of State may give directions to the [F29 Authority] as to the application of any sums received by it under sub-paragraph (1) or (3).

(8) An appropriate authority may give directions to the [F29 Authority] as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9) The [F29 Authority] must comply with any directions under sub-paragraph (7) or (8).

(10) In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Textual Amendments

F25 Word in Sch. 7 para. 14 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F26 Words in Sch. 7 para. 14(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F27 Sch. 7 para. 14(2A) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(4), 306(1)(d)(4); S.I. 2015/409, art. 2

F28 Sch. 7 para. 14(5)(6) omitted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 224(5), 306(1)(d)(4); S.I. 2015/409, art. 2

F29 Words in Sch. 7 para. 14(7)(8)(9) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Accounts U.K.

15 (1) The [F30 Authority] must keep accounts in such form as the Secretary of State may determine.

(2) The [F30 Authority] must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The [F30 Authority] must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4) Within that period the [F30 Authority] must also send copies of the annual accounts to—

(a) the Scottish Ministers,

(b) the National Assembly for Wales, and

(c) the Department of Health, Social Services and Public Safety in Northern Ireland.

(5) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(6) A copy of the accounts shall be laid before—

(a) the Scottish Parliament by the Scottish Ministers,

(b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

(7) In this paragraph and paragraph 16, “financial year” means—

(a) the period beginning with the date on which the [F31 Authority] is established and ending with the next 31st March following that date, and

(b) each successive period of 12 months ending with 31st March.

Textual Amendments

F30 Word in Sch. 7 para. 15(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F31 Word in Sch. 7 para. 15(7)(a) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Reports and other information U.K.

16 (1) The [F32 Authority] must prepare a report on the exercise of its functions during each financial year.

[F33 (1A) The report must state—

(a) how the [F34 Authority], in exercising its functions, has promoted the health, safety and well-being of [F35 users of health care, users of social care in England, users of social work services in England] and other members of the public, and

(b) how far, in the opinion of the [F34 Authority], each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.]

(2) As soon as possible after the end of each financial year, the [F36 Authority] must lay a copy of its report for that year before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3) The [F36 Authority] must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4) The [F36 Authority] must also comply with any corresponding request by—

(a) the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

(b) the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Textual Amendments

F32 Word in Sch. 7 para. 16(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F33 Sch. 7 para. 16(1A) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(6), 170(3)(4); S.I. 2008/3244, art. 2(b)

F34 Words in Sch. 7 para. 16(1A)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F35 Words in Sch. 7 para. 16(1A)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(14), 306(4); S.I. 2012/1319, art. 2(4)

F36 Words in Sch. 7 para. 16(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Commencement Information

I2 Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

Application of seal and evidence U.K.

17 The application of the seal of the [F37 Authority] must be authenticated by the signature of—

(a) any member of the [F37 Authority], or

(b) any other person who has been authorised by the [F37 Authority] (whether generally or specially) for that purpose.

Textual Amendments

F37 Words in Sch. 7 para. 17 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

18 U.K. A document purporting to be duly executed under the seal of the [F38 Authority] or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Textual Amendments

F38 Word in Sch. 7 para. 18 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Meetings of the [F39 Authority] in Northern Ireland U.K.

19 (1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the [F40 Authority] in Northern Ireland as they apply in relation to meetings of a district council.

(2) The modifications are—

(a) any reference to a district council shall be read as a reference to the [F41 Authority], and

(b) any reference to councillors or members of the council shall be read as references to members of the [F41 Authority].

Textual Amendments

F39 Word in Sch. 7 para. 19 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F40 Word in Sch. 7 para. 19(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F41 Words in Sch. 7 para. 19(2)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Miscellaneous amendments U.K.

F42 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)

F42 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)

F42 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)

F42 23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)

F42 24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)