Health Services Act 1976

SCHEDULES

Section 1.

SCHEDULE 1 The Health Services Board and its Committees

PART I The Board

1 (1) The Board shall comprise—

(a) a chairman appointed after consultation with the bodies mentioned in paragraphs (a) and (b) of sub-paragraph (2) below;

(b) two medical practitioners appointed after consultation with the bodies mentioned in paragraph (a) of that sub-paragraph ; and

(c) two other persons appointed after consultation with the bodies mentioned in paragraph (b) of that sub-paragraph.

(2) Those bodies are—

(a) such bodies as the Secretary of State may recognise as being representative of medical practitioners or dental practitioners ;

(b) such bodies not falling within paragraph (a) above as the Secretary of State may recognise as being representative of persons employed in one or other of the national health services or concerned with the interests of patients at NHS hospitals.

PART II The Scottish and Welsh Committees

2 (1) The Scottish Committee and the Welsh Committee shall each be constituted in accordance with the following provisions of this paragraph; and in those provisions " the Committee" means the Scottish Committee or the Welsh Committee, as the case may be.

(2) The Board shall designate, with the consent of the Secretary of State, a member of the Board as a member of the Committee (" the designated member ").

(3) The Committee shall comprise—

(a) a chairman who, if the designated member is the chairman of the Board, shall be the designated member, but who shall otherwise be a person appointed by the Secretary of State after consultation with the bodies mentioned in paragraphs (a) and (b) of paragraph 1(2) above ;

(b) two medical practitioners appointed by the Secretary of State after consultation with the bodies mentioned in paragraph (a) of paragraph 1(2) above or, if the designated member is a member of the Board appointed under paragraph 1(1)(b) above, one medical practitioner so appointed by the Secretary of State ; and

(c) two other persons appointed by the Secretary of State after consultation with the bodies mentioned in paragraph (b) of paragraph 1(2) above or, if the designated member is a member of the Board appointed under paragraph 1(1)(c) above, one other person so appointed by the Secretary of State.

PART III Assessors

3 Of the four assessors required by section 1(4) above for any such meeting of the Board or of the Scottish or Welsh Committee as is there mentioned, one shall be selected by the Board or that Committee, as the case may be, from each of the lists maintained by the Board under the following paragraph.

4 (1) The Board shall prepare and maintain four lists of persons to act as assessors in accordance with section 1(4) above.

(2) Of those lists—

(a) one shall comprise medical or dental practitioners having special knowledge and experience of one or more of the services mentioned in the definition of " controlled premises " in section 12(2) above ;

(b) one shall comprise persons having special knowledge and experience of nursing ;

(c) one shall comprise persons having special knowledge and experience of hospital administration ;

(d) one shall comprise persons having special knowledge and experience of the design and construction of hospitals.

(3) Before placing a person on any of the lists the Board shall consult with the Secretary of State and the bodies mentioned in paragraphs (a) and (b) of paragraph 1(2) above.

PART IV Supplementary Provisions Relating to the Board and its Committees and Assessors

Incorporation and status

5 The Board shall be a body corporate.

6 The Board shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown.

Tenure of office, etc.

7 (1) Subject to paragraphs 8 and 9 below, a person shall hold and vacate office as chairman or a member of the Board in accordance with the terms of the instrument appointing him to that office.

(2) Every appointment as chairman or a member of the Board shall be for a period of not less than three years.

8 A person may at any time resign his office as chairman or a member of the Board by giving the Secretary of State a notice in writing signed by that person and stating that he resigns that office.

9 (1) If the Secretary of State is satisfied that a member of the Board—

(a) has been absent from meetings of the Board for a period longer than six consecutive months without the permission of the Board ; or

(b) has become bankrupt or made an arrangement with his creditors ; or

(c) is incapacitated by physical or mental illness ; or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

(2) In the application of the preceding sub-paragraph to Scotland, for the references in paragraph (b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.

10 (1) The Secretary of State shall by regulations provide for the appointment by him, after the appropriate consultation, of—

(a) a deputy chairman to act in place of the chairman of the Board and, for each other member of the Board, a deputy member to act in his place ;

(b) a deputy chairman to act in place of the chairman of the Scottish Committee and, for each other member of that Committee, a deputy member to act in his place ;

(c) a deputy chairman to act in place of the chairman of the Welsh Committee and, for each other member of that Committee, a deputy member to act in his place ;

and in this sub-paragraph " appropriate consultation " means consultation with the bodies with whom consultation was required by paragraph 1 or 2 above prior to the appointment of the person in whose place the deputy is to act.

(2) Regulations under this paragraph shall provide that a deputy, while he is acting in place of a member of the Board or of the Scottish or Welsh Committee (but not otherwise), shall be deemed to be a member of the Board or of that Committee, as the case may be, but that paragraphs 12 and 13 below shall not apply to him.

11 The Board shall pay to its members, and to the members of the Scottish Committee and the Welsh Committee, and to persons acting as assessors in accordance with section 1(4) above, such remuneration and allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine.

12 Where—

(a) a person ceases to be a member of the Board ; or

(b) a person (not being a member of the Board) ceases to be a member of the Scottish Committee or the Welsh Committee,

in circumstances which, in the opinion of the Secretary of State, make it right that he should receive compensation, the Secretary of State shall, with the approval of the Minister for the Civil Service, direct the Board to make to that person a payment of such amount as the Secretary of State may with the approval of that Minister determine.

13 The Board shall, as regards any member of the Board or any member of the Scottish Committee or the Welsh Committee (not being a member of the Board) in whose case the Secretary of State may, with the approval of the Minister for the Civil Service, so determine, pay such pension, allowance or gratuity to or in respect of him, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, with the approval of that Minister, determine.

Staff

14 The Board may, with the approval of the Secretary of State given with the consent of the Minister for the Civil Service as to numbers and as to remuneration and other terms and conditions of service, appoint such officers as it may think fit.

15 Employment with the Board shall be included among the kinds of employment to which a superannuation scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words " Health Services Board " shall be inserted after the words " Gaming Board for Great Britain. ".

Proceedings and instruments

16 Subject to section 1(4) above and any regulations made under section 16(1) above, the quorum of the Board and the arrangements relating to its procedure and business shall be such as the Board may determine.

17 The validity of any proceedings of the Board shall not be affected by any vacancy among the members of the Board or by any defect in the appointment of a member or of an assessor.

18 (1) A document purporting to be duly executed under the common seal of the Board shall be received in evidence and shall be deemed to be so executed unless the contrary is proved.

(2) A document purporting to be signed on behalf of the Board shall be received in evidence and shall be deemed to be so signed unless the contrary is proved.

19 Paragraphs 16, 17 and 18(2) above shall apply to the Scottish Committee and the Welsh Committee as they apply to the Board.

Finance

20 The Secretary of State shall pay to the Board expenses incurred or to be incurred by it under paragraphs 11 to 14 above and, with the approval of the Minister for the Civil Service given with the consent of the Treasury, shall pay to the Board such sums as the Secretary of State thinks fit for enabling the Board to meet other expenses.

21 (1) The accounting year of the Board shall be the twelve months ending on 31st March.

(2) It shall be the duty of the Board—

(a) to keep proper accounts and proper records in relation to the accounts ;

(b) to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury ; and

(c) to submit the statement to the Secretary of State before the end of the month of September next following the accounting year to which the statement relates.

(3) The Secretary of State shall transmit each statement of accounts received by him in pursuance of this paragraph to the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates, and the Comptroller and Auditor General shall examine, certify and report on the statement and lay copies of it and of his report before each House of Parliament.

Annual report

22 (1) As soon as practicable after the end of each calendar year the Board shall make to the Secretary of State a report on the performance of its functions during that year.

(2) The Secretary of State shall lay a copy of every report under this paragraph before each House of Parliament.

Supervision by Council on Tribunals

23 (1) The [1971 c. 62.] Tribunals and Inquiries Act 1971 shall be amended in accordance with the following provisions of this paragraph (being provisions for bringing the functions of the Board and the Scottish and Welsh Committees under Part III of this Act under the supervision of the Council on Tribunals).

(2) In section 8(2), as amended by section 3(a) of the [1974 c. 39.] Consumer Credit Act 1974, after "5A" insert " 7A ", and after " 35 " insert " 37A ".

(3) In Schedule 1, after paragraph 7 insert—

“Hospital building

7A The Health Services Board and its Welsh Committee, in respect of their functions under Part III of the Health Services Act 1976.”

(4) In Schedule 1, after paragraph 37 insert—

“Hospital building

37A The Scottish Committee of the Health Services Board, in respect of the Committee's functions under Part III of the Health Services Act 1976.”

House of Commons Disqualification Act 1975

24 In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified under that Act) there shall (at the appropriate places in alphabetical order) be inserted the following entries:—

• “The Health Services Board.

• The Scottish Committee of the Health Services Board.

• The Welsh Committee of the Health Services Board.”.

PART V Liability of Board and Welsh Committee to Investigation by Health Service Commissioners

25 Part III of the [1973 c. 32.] National Health Service Reorganisation Act 1973 (the Health Service Commissioners for England and Wales) shall have effect subject to the following provisions of this Part of this Schedule.

26 (1) In section 34(1) of the said Act of 1973 (definition of " relevant body "), after paragraph (j) insert—

“(k) the Health Services Board and its Welsh Committee,”.

(2) In section 34(2) of that Act (relevant bodies in respect of which the Health Service Commissioners for England and Wales respectively are not empowered to conduct investigations) after " the Welsh Hospital Board " insert " the Welsh Committee of the Health Services Board, ".

(3) In section 37 of that Act (reports of Commissioners), after subsection (5) add—

“(6) In the case of the Health Services Board or its Welsh Committee, the preceding provisions of this section have effect subject to paragraphs 27 and 28 of Schedule 1 to the Health Services Act 1976”.

27 Section 37 (reports by Commissioners) of the said Act of 1973 shall have effect subject to the following modifications, that is to say—

(a) in relation to an investigation conducted under the said Part III in respect of the Board or the Welsh Committee—

(i) paragraph (d) of subsection (1) (report to be sent to Secretary of State) shall not apply, but the Commissioner who conducted the investigation may, if he thinks fit, publish his report under that subsection; and

(ii) subsection (3) (special reports) shall have effect with the substitution for the words from " make a special report to the Secretary of State " to the end of the subsection of the words " lay before each House of Parliament a special report " ;

(b) without prejudice to paragraph 28 below, the reference in subsection (4) (annual and other reports to Secretary of State) to a Commissioner's functions under the said Part III shall not include his functions thereunder in respect of the Board or the Welsh Committee ;

(c) subsection (5) (privilege) shall have effect as if the reference to subsection (4) included a reference to paragraph 28 below.

28 Each of the Commissioners mentioned in subsection (4) of the said section 37 shall annually lay before each House of Parliament a general report on the performance of his functions under the said Part III in respect of the Board and the Welsh Committee, and may from time to time lay before each House of Parliament such other reports with respect to his said functions under that Part as he thinks fit.

PART VI Liability of Scottish Committee to Investigation by Health Service Commissioner for Scotland

29 Part VII of the [1972 c. 58.] National Health Service (Scotland) Act 1972 (the Health Service Commissioner for Scotland) shall have effect subject to the following provisions of this Part of this Schedule.

30 (1) In section 45(1) of the said Act of 1972 (definition of " body subject to investigation "), after paragraph (e) add—

“(f) the Scottish Committee of the Health Services Board.”.

(2) In section 48 of that Act (reports by Commissioner), after subsection (5) add—

“(6) In the case of the Scottish Committee of the Health Services Board, the preceding provisions of this section have effect subject to paragraphs 31 and 32 of Schedule 1 to the Health Services Act 1976”.

31 Section 48 (reports by Commissioner) of the said Act of 1972 shall have effect subject to the following modifications, that is to say—

(a) in relation to an investigation conducted under the said Part VII in respect of the Scottish Committee—

(i) paragraph (d) of subsection (1) (report to be sent to Secretary of State) shall not apply, but the Health Commissioner for Scotland may, if he thinks fit, publish his report under that subsection ; and

(ii) subsection (3) (special report) shall have effect with the substitution for the words from " make a special report to the Secretary of State " to the end of the subsection of the words "lay before each House of Parliament a special report " ;

(b) without prejudice to paragraph 32 below, the references in subsection (4) (annual and other reports to Secretary of State) to the Commissioner's functions under the said Part VII shall not include his functions thereunder in respect of the Scottish Committee;

(c) subsection (5) (privilege) shall have effect as if paragraph 32 below were contained in the said section 48.

32 The Health Service Commissioner for Scotland shall annually lay before each House of Parliament a general report on the performance of his functions under the said Part VII in respect of the Scottish Committee, and may from time "to time lay before each House of Parliament such other reports with respect to his said functions under that Part as he thinks fit.

Section 3.

SCHEDULE 2 Authorities and Group of Boards within Section 3

Authority or group of Boards	Number of pay beds before reduction	Number of pay beds to be withdrawn under s. 3
England
The Area Health Authority for—
Cleveland	32	10
Cumbria	22	7
Durham	22	9
Northumberland	10	5
Gateshead	4	1
Newcastle upon Tyne	47	9
North Tyneside	6	3
South Tyneside	6	3
Sunderland	20	5
Humberside	31	10
North Yorkshire	44	14
Bradford	91	21
Calderdale	32	Nil
Kirklees	23	2
Leeds	71	13
Wakefield	10	3
Derbyshire	41	9
Leicestershire	30	7
Lincolnshire	55	8
Nottinghamshire	82	12
Barnsley	5	2
Doncaster	4	Nil
Sheffield	30	5
Cambridgeshire	56	20
Norfolk	63	7
Suffolk	37	3
The Area Health Authority for—
Bedfordshire	26	2
Hertfordshire	56	16
Barnet	22	10
Brent and Harrow	31	8
Ealing, Hammersmith and Hounslow	73	22
Hillingdon	34	4
Kensington and Chelsea and Westminster	219	46
Essex	88	15
Barking and Havering	13	7
Camden and Islington	187	47
City and East London	75	24
Enfield and Haringey	22	9
Redbridge and Waltham Forest	25	9
East Sussex	57	17
Kent	115	15
Greenwich and Bexley	25	15
Bromley	33	11
Lambeth, Southwark and Lewisham	203	56
Surrey	95	19
West Sussex	43	7
Croydon	13	7
Kingston and Richmond	17	8
Merton, Sutton and Wandsworth	79	28
Dorset	48	8
Hampshire	70	15
Wiltshire	57	16
Isle of Wight	12	2
Berkshire	60	4
Buckinghamshire	54	8
Northamptonshire	34	6
Oxfordshire	67	13
Avon	23	6
Cornwall and Isles of Scilly	29	6
Devon	70	25
Gloucestershire	47	4
Somerset	33	9
Hereford and Worcester	47	13
Salop	35	14
Staffordshire	65	12
Warwickshire	28	5
Birmingham	129	28
Coventry	20	3
Dudley	14	5
Sandwell	6	2
Solihull	6	1
Walsall	13	Nil
The Area Health Authority for—
Wolverhampton	31	7
Cheshire	70	13
Liverpool	30	7
St. Helens and Knowsley	12	3
Sefton	17	8
Wirral	35	7
Lancashire	92	20
Bolton	21	2
Bury	14	1
Manchester	138	28
Oldham	9	1
Rochdale	11	3
Salford	13	5
Stockport	7	2
Tameside	4	Nil
Trafford	9	Nil
Wigan	18	2
The group of Boards which at the passing of this Act are preserved Boards	227	33
Wales
The Area Health Authority for—
Clwyd	22	5
Dyfed	12	2
Gwent	1	Nil
Gwynedd	13	3
Mid Glamorgan	5	2
South Glamorgan	3	Nil
West Glamorgan	4	1
Scotland
The Health Board for—
Argyll & Clyde	26	1
Ayrshire & Arran	17	3
Forth Valley	11	5
Grampian	34	Nil
Greater Glasgow	91	27
Highland	9	Nil
Lothian	34	13
Tayside	12	1

Section 7.

SCHEDULE 3 Amendments of Provisions Mentioned in Section 7(1)

1 In section 18 of the 1946 Act—

(a) after "obtainable" insert " or has acquired any part of a human body for the purpose of, or in the course of providing, any such service "; and

(b) after " available " insert " or for supplying that part ".

2 In section 19 of the 1947 Act—

(a) after "obtainable" insert " or has acquired any part of a human body for the purpose of, or in the course of providing, any service under the National Health Service (Scotland) Acts 1947 to 1973 "; and

(b) after " them" insert " or for supplying that part to any person ".

3 In section 31 of the 1968 Act insert " accommodation or " —

(a) for England and Wales, before " services " in both places where it occurs;

(b) for Scotland, before " services " in the first and third places where it occurs.

Section 23.

SCHEDULE 4 Provisions of 1946 Act and 1947 Act applied

PART I Provisions of 1946 Act applied

Provision	Subject-matter
Section 57	Default powers.
Section 70	Inquiries.
Section 71	Recovery of charges.
Section 72	Protection of officers.
Section 80(3)	Power to apply Act to Isles of Scilly.

PART II Provisions of 1947 Act applied

Provision	Subject-matter
Section 56	Default powers.
Section 69	Inquiries.
Section 70	Protection of certain bodies and their officers.

Section 23.

SCHEDULE 5 Enactments Repealed

Chapter	Short Title	Extent of Repeal
1949 c. 93.	National Health Service Amendment Act 1949.	In section 17(1), the words " notwithstanding anything in section one of that Act".
1972 c. 58.	National Health Service (Scotland) Act 1972.	Section 2(3) and (4).
1973 c. 32.	National Health Service Reorganisation Act 1973.	In section 34(1)(i), the word " and ".
		Section 43(2).
		In Schedule 4, in paragraph 10, the words from " and in subsection (2)" onwards.