Health and Social Care (Community Health and Standards) Act 2003

187 Appointments to certain health and social care bodies

(1) This section applies to a body (however established) which has functions relating to—

(a) health;

(b) social care;

(c) the regulation of professions associated with health or social care.

(2) The Secretary of State may direct a Special Health Authority to exercise so much of the appointments function relating to a body to which this section applies as is specified in the direction.

(3) If the Secretary of State gives a direction under subsection (2) the 1977 Act has effect as if—

(a) the direction is a direction of the Secretary of State under section 16D of that Act;

(b) the function is exercisable by the Special Health Authority under section 16D.

(4) If the Secretary of State gives a direction under subsection (2) in respect of a body which exercises functions in relation to any part of the United Kingdom other than England and Wales subsection (5) applies—

(a) at the time the direction is given;

(b) for the purposes of anything done by a Special Health Authority in pursuance of the direction.

(5) Sections 11 and 16D of and (so far as relating to a Special Health Authority) Schedule 5 to the 1977 Act and any other provision of that Act which relates to the exercise of the function in pursuance of the direction must be taken to extend to any part of the United Kingdom in relation to which the body exercises functions.

(6) The appointments function is any function exercisable by the Secretary of State in relation to—

(a) the appointment of persons to be members of a body to which this section applies;

(b) the removal (whether permanently or otherwise) of such persons from the membership of the body,

and includes any function relating to the appointment to or removal from (whether permanently or otherwise) any particular office in the membership of the body.

(7) For the purposes of this section it is immaterial that a body has functions relating to matters other than those specified in subsection (1).

(8) Schedule 12 amends certain enactments which provide for appointments to be made to certain bodies by or on the advice of the Privy Council.

(9) If in the exercise of a power conferred by virtue of that Schedule the Privy Council gives a direction corresponding to a direction given by the Secretary of State under subsection (2) above, subsections (3) to (5) above apply for the purposes of the Privy Council’s direction as they apply for the purposes of a direction given by the Secretary of State.

(10) Nothing in this section applies in relation to the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection.