Health Act 2006

Miscellaneous and supplementary

69 Transfer of staff and property etc.

Schedule 7 makes provision in relation to the transfer to the Appointments Commission of staff, property, rights and liabilities of the National Health Service Appointments Commission.

70 Directions

(1) Any direction given by the Secretary of State, the Privy Council or the National Assembly for Wales under this Part—

(a) must be given in writing, and

(b) may be varied or revoked by a subsequent such direction.

(2) Where a function of the Secretary of State, the Privy Council or the Assembly is exercisable by the Commission by virtue of a direction under this Part, the direction does not preclude the Secretary of State, the Privy Council or the Assembly (as the case may be) from exercising the function.

(3) Section 126(4) of the 1977 Act (supplementary provisions about subordinate legislation) applies in relation to any power to give directions under this Part as it applies in relation to the powers mentioned in that subsection.

71 Interpretation

(1) In this Part—

• “applicable body” is to be read in accordance with subsections (4) and (5);

• “appointment” is to be read in accordance with subsections (2) and (3);

• “the Commission” means the Appointments Commission;

• “devolved authority” is to be read in accordance with subsection (7);

• “financial year”, in relation to the Commission, means—

  (a)

  the period starting on the day the Commission is established and ending with the next 31st March, or

  (b)

  any succeeding period of 12 months;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

• “the National Health Service Appointments Commission” means the Special Health Authority known by that name;

• “NHS trust” has the same meaning as in the 1977 Act;

• “non-executive members” is to be read in accordance with subsection (6);

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State.

(2) In this Part “appointment” includes—

(a) any process involving an appointment (whether described as re-appointment or replacement or otherwise) including a temporary appointment; and

(b) nomination for appointment;

and also includes removal or suspension from office.

(3) References in this Part to functions relating to the appointment of a person include functions relating to a person’s tenure of office.

(4) In this Part “applicable body” means—

(a) any body in relation to which a direction may be given under section 58, 60 or 61, and

(b) (except in section 65(2)(a) and (b)) any NHS foundation trust and any body which falls within subsection (5).

(5) A body falls within this subsection if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body’s chairman, or any non-executive member of the body, may be entered into under section 63(4).

(6) In this Part “non-executive members”—

(a) in relation to a body whose members are known as directors, means non-executive directors, and

(b) in relation to a body in the case of which no distinction is made between executive and non-executive members, means members of the body (apart from the chairman).

(7) Each of the following is a “devolved authority” for the purposes of this Part—

(a) the Scottish Ministers,

(b) the National Assembly for Wales, and

(c) any Northern Ireland department.