SCHEDULE 2Strategic Health Authorities
Staff
7
(1)
A Strategic Health Authority may employ such officers as it may determine.
(2)
A Strategic Health Authority may—
(a)
pay its officers such remuneration and allowances, and
(b)
employ them on such other terms and conditions,
as it may determine.
(3)
A Strategic Health Authority must, in exercising its powers under sub-paragraph (1) or (2), act in accordance with regulations and any directions given by the Secretary of State.
(4)
Regulations and directions under sub-paragraph (3) may make provision with respect to any matter connected with the employment by a Strategic Health Authority of its officers, including in particular provision—
(a)
with respect to the qualifications of persons who may be employed as officers of a Strategic Health Authority,
(b)
requiring a Strategic Health Authority to employ a chief officer and officers of such other descriptions as may be prescribed and to employ, for the purpose of performing prescribed functions of the Strategic Health Authority or any other body, officers having prescribed qualifications or experience, and
(c)
as to the manner in which any officers of a Strategic Health Authority must be appointed.
(5)
A direction under sub-paragraph (3) may relate to a particular officer or class of officer specified in the direction.
(6)
Regulations and directions under sub-paragraph (3) may provide for approvals or determinations to have effect from a date specified in them.
(7)
The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.
(8)
Regulations may provide for the transfer of officers from one Strategic Health Authority to another Strategic Health Authority or to a Special Health Authority, and for arrangements under which the services of an officer of a Strategic Health Authority are placed at the disposal of another Strategic Health Authority, a Special Health Authority or a local authority.
(9)
Sub-paragraph (11) applies where the registration of a dental practitioner in the dentists register is suspended—
(a)
by an interim suspension order under section 32 of the Dentists Act 1984 (c. 24) (interim orders), or
(b)
by a direction or an order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.
(10)
For the purposes of sub-paragraph (9), a “relevant determination” that a practitioner's fitness to practice is impaired is a determination which is based solely on—
(a)
the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance),
(b)
the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health), or
(c)
both those grounds.
(11)
The suspension does not terminate any contract of employment made between the dental practitioner and a Strategic Health Authority, but a person whose registration is so suspended must not perform any duties under a contract made between him and a Strategic Health Authority which involves the practice of dentistry within the meaning of the Dentists Act 1984.
(12)
Directions may be given—
(a)
by the Secretary of State to a Strategic Health Authority to place the services of any of its officers at the disposal of another Strategic Health Authority or of a Special Health Authority,
(b)
by the Secretary of State to any Strategic Health Authority to employ as an officer of the Strategic Health Authority any person who is or was employed by another Strategic Health Authority or by a Special Health Authority and is specified in the direction.
(13)
Regulations made in pursuance of this paragraph may not require that all consultants employed by a Strategic Health Authority must be so employed whole-time.