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

Section 187

SCHEDULE 12 Privy Council appointments

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

1 (1) The Pharmacy Act 1954 is amended as follows.

(2) In section 15 (appointment of certain members to the Council of the Pharmaceutical Society of Great Britain) after subsection (2) there are inserted the following subsections—

“(3) Subsection (4) applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(4) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under this section in relation to—

(a) the appointment of members to the Council;

(b) the period for which a person appointed is to hold office.”

(3) In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted the following paragraph—

“3A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 1 in relation to the appointment and removal of the chairman of the committee.

(3) If the Privy Council give a direction as mentioned in sub-paragraph (2) for so long as the direction remains in force and for the purposes (if any) specified in the direction paragraph 3(2)(b) must be construed as if the reference to the Clerk to the Privy Council is a reference to the Special Health Authority.”

Medical Act 1983 (c. 54)

2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows.

(2) In paragraph 4(1) (nominated members) for the words “Her Majesty on the advice of Her Privy Council” there are substituted “the Privy Council”.

(3) After paragraph 4 there is inserted—

“4ZA(1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 4 in relation to the nomination of persons to be nominated members of the Council.”

Dentists Act 1984 (c. 24)

3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows.

(2) In paragraph 1 (constitution) in sub-paragraph (5) for “paragraph 2” there is substituted “paragraphs 2 and 2A”.

(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following—

“(2) The lay members shall be appointed by the Privy Council.

(3) The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.

(4) A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.”

(4) After paragraph 2 there is inserted the following paragraph—

“2A(1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 2 in relation to—

(a) the appointment of persons to be lay members of the Council;

(b) the termination of such an appointment.”

Opticians Act 1989 (c. 44)

4 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) after paragraph 2 there is inserted the following paragraph—

“2A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction—

(a) its functions under paragraphs 1 and 2 in relation to the nomination of persons to be members of the Council;

(b) its functions under paragraph 8 in relation to the nomination of the Chairman of the Council.”

Osteopaths Act 1993 (c. 21)

5 In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of the General Council appointed by the Privy Council) there is inserted the following paragraph—

“11A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraphs 1 and 11 in relation to the appointment of members of the Council.”

Chiropractors Act 1994 (c. 17)

6 In Schedule 1 to the Chiropractors Act 1994 after paragraph 11 (members of the General Council appointed by the Privy Council) there is inserted the following paragraph—

“11A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraphs 1 and 11 in relation to the appointment of members of the Council.”

The Nursing and Midwifery Order 2001 (S.I. 2002/253)

7 In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and Midwifery Council) after paragraph 15 (powers of the Council) there is inserted the following paragraph—

“Privy Council functions

15A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under this Part of this Schedule in relation to the appointment, replacement and removal of members of the Council.”

The Health Professions Order 2001 (S.I. 2002/254)

8 In Schedule 1 to the Health Professions Order 2001 (the Health Professions Council) after paragraph 16 (powers of the Council) there is inserted the following paragraph—

“Privy Council functions

16A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under this Part of this Schedule in relation to the appointment, replacement and removal of members of the Council.”