SCHEDULES
F1SCHEDULE A1F6NHS England
Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
1Status
1
F6NHS England is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown.
2
F6NHS England’s property is not to be regarded as property of, or property held on behalf of, the Crown.
2Membership
1
F6NHS England is to consist of—
a
a chair appointed by the Secretary of State,
b
at least five other members so appointed, and
c
the chief executive and other members appointed in accordance with paragraph 3.
2
In this Schedule—
a
b
references to executive members of F6NHS England are references to the other members.
3
The number of executive members must be less than the number of non-executive members.
3The chief executive and other executive members: appointment and status
1
The chief executive and the other executive members of F6NHS England are to be appointed by the non-executive members.
2
A person may not be appointed as chief executive without the consent of the Secretary of State.
3
The chief executive and the other executive members are to be employees of F6NHS England.
4
The first chief executive of F6NHS England is to be appointed by the Secretary of State.
4Non-executive members: tenure
1
A person holds and vacates office as a non-executive member of F6NHS England in accordance with that person’s terms of appointment.
2
A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
3
The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—
a
incapacity,
b
misbehaviour, or
c
failure to carry out his or her duties as a non-executive member.
4
The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (3).
5
A person may not be appointed as a non-executive member for a period of more than four years.
6
A person who ceases to be a non-executive member is eligible for re-appointment.
Suspension of non-executive members
5
1
This paragraph applies where a person is suspended under paragraph 4(4).
2
The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3
The notice may be—
a
delivered in person (in which case the person is taken to receive it when it is delivered), or
b
sent by first class post to the person’s last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4
The initial period of suspension must not exceed six months.
5
The Secretary of State may at any time review the suspension.
6
The Secretary of State—
a
must review the suspension if requested in writing by the person to do so, but
b
need not review the suspension less than three months after the beginning of the initial period of suspension.
7
Following a review during a period of suspension, the Secretary of State may—
a
revoke the suspension, or
b
suspend the person for another period of not more than six months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if the Secretary of State —
a
decides that there are no grounds to remove the person from office under paragraph 4(3), or
b
decides that there are grounds to do so but does not remove the person from office under that provision.
6
1
Where a person is suspended from office as the chair under paragraph 4(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair’s functions.
2
Appointment as interim chair is for a term not exceeding the shorter of—
a
the period ending with either—
i
the appointment of a new chair, or
ii
the revocation or expiry of the existing chair’s suspension, and
b
the remainder of the interim chair’s term as a non-executive member.
3
A person who ceases to be the interim chair is eligible for re-appointment.
7Payment of non-executive members
1
F6NHS England must pay to its non-executive members such remuneration as the Secretary of State may determine.
2
3
If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, F6NHS England must pay compensation to the person of such amount as the Secretary of State may, with the approval of the Treasury, determine.
Staff
8
9
1
2
3
4
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of this paragraph, F6NHS England must obtain the approval of the Secretary of State to its policy on the matter.
F39A
1
NHS England may make arrangements for a person to be seconded to NHS England to serve as a member of NHS England’s staff.
2
A period of secondment to NHS England does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.
3
In paragraphs 9, 10, and 13 a reference to an employee of NHS England includes a person seconded to NHS England.
4
In paragraph 3(3) the reference to an employee of NHS England includes any of the following seconded to NHS England—
a
a person employed in the civil service of the State, or
b
a person employed by—
i
an integrated care board,
ii
an NHS trust established under section 25,
iii
an NHS foundation trust,
iv
a Special Health Authority performing functions only or mainly in respect of England,
v
the Care Quality Commission,
vi
the Health and Social Care Information Centre,
vii
the Health Services Safety Investigations Body,
viii
the Human Tissue Authority,
ix
the Human Fertilisation and Embryology Authority, or
x
NICE.
5
The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of NHS England include persons, or persons of a prescribed description, seconded to NHS England.
10Committees
1
F6NHS England may appoint such committees and sub-committees as it considers appropriate.
2
A committee or sub-committee may consist of or include persons who are not members or employees of F6NHS England.
3
F6NHS England may pay such remuneration and allowances as it determines to any person who—
a
is a member of a committee or a sub-committee, but
b
is not an employee of F6NHS England,
whether or not that person is a non-executive member of F6NHS England.
F511Trust funds and trustees
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12Procedure
1
F6NHS England may regulate its own procedure.
2
The validity of any act of F6NHS England is not affected by any vacancy among the members or by any defect in the appointment of any member.
13Exercise of functions
F6NHS England may arrange for the exercise of any of its functions on its behalf by—
a
any non-executive member,
b
any employee (including any executive member), or
c
a committee or sub-committee.
F414F4...
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15Accounts
1
F6NHS England must keep proper accounts and proper records in relation to the accounts.
2
The Secretary of State may, with the approval of the Treasury, give directions to F6NHS England as to—
a
the content and form of its accounts, and
b
the methods and principles to be applied in the preparation of its accounts.
3
4
The chief executive of F6NHS England is to be its accounting officer.
16Annual accounts
1
F6NHS England must prepare consolidated annual accounts in respect of each financial year.
2
The consolidated annual accounts must contain—
a
F6NHS England’s annual accounts, and
3
F6NHS England must send copies of the consolidated annual accounts to—
a
the Secretary of State, and
b
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 direct.
4
The Comptroller and Auditor General must—
a
examine, certify and report on the consolidated annual accounts, and
b
lay copies of the accounts and the report on them before Parliament.
5
In this paragraph, “financial year” includes the period which begins with the day on which F6NHS England is established and ends on the following 31 March.
17Interim Accounts
1
The Secretary of State may, with the approval of the Treasury, direct F6NHS England to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2
The interim accounts in respect of any period must contain—
a
F6NHS England’s accounts in respect of that period, and
3
F6NHS England must send copies of any interim accounts to—
a
the Secretary of State, and
b
if the Secretary of State so directs, the Comptroller and Auditor General,
within such period as the Secretary of State may direct.
4
The Comptroller and Auditor General must—
a
examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b),
b
if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c
if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
18Seal and evidence
1
2
A document purporting to be duly executed under F6NHS England’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Sch. A1 inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 9(2), 306(4), Sch. 1 (with Sch. 6 para. 2); S.I. 2012/1831, art. 2(2) (with art. 3(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)