National Health Service Act 2006

[F1 Chapter 5B E+W Trust special administrators: Primary Care Trusts

Textual Amendments

F1 Pt. 2 Ch. 5B inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 17, 40(1); S.I. 2010/30, art. 3(a)

Appointment E+W

65P Appointment of trust special administrator E+W

(1) The Secretary of State may give directions to a Primary Care Trust requiring the Primary Care Trust to appoint a trust special administrator to exercise on its behalf, to the extent, and subject to any conditions, specified in the directions, such provider functions of the Primary Care Trust as are specified in the directions.

(2) Directions may be given under subsection (1) only if the Secretary of State considers it appropriate in the interests of the health service.

(3) The directions must specify—

(a) the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the directions are given, and

(b) the name of the person to be appointed.

(4) Before giving directions under subsection (1) the Secretary of State must consult—

(a) the Primary Care Trust,

(b) any Strategic Health Authority whose area includes any part of the Primary Care Trust's area, and

(c) any other person to which the Primary Care Trust provides goods or services under this Act and which the Secretary of State considers it appropriate to consult.

(5) The Secretary of State must lay before Parliament (with the instrument containing the directions) a report stating the reasons for giving the directions.

(6) Where a person is appointed pursuant to directions under subsection (1), the Secretary of State must publish the name of the person appointed.

(7) A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.

(8) Directions under subsection (1) may require the appointment to be on terms specified in the directions.

(9) The Primary Care Trust may pay the trust special administrator remuneration and expenses in accordance with the terms of the appointment.

(10) In this section “provider function” means—

(a) any function of providing goods or services except to the extent that at the time of the appointment there are arrangements between the Primary Care Trust and another person or body under which the goods or services are, or are to be, provided by that person or body, and

(b) any function that is not a function of providing goods or services but that may be exercised for the purposes of a function within paragraph (a).

65Q Displacement of functions E+W

(1) When the appointment of a trust special administrator takes effect, the relevant functions cease to be exercisable by any committee, sub-committee or officer of the Primary Care Trust by whom they were previously exercisable.

(2) Subsection (1) does not affect the employment of any officer of the Primary Care Trust.

(3) In this Chapter “relevant functions” means the functions of the Primary Care Trust exercisable by the trust special administrator.]