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SCHEDULES

SCHEDULE 5E+W+S[F1HEALTH AUTHORITIES AND SPECIAL HEALTH AUTHORITIES]

Textual Amendments

F1Sch. 5 heading substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 59 (with Sch. 2 para. 6)

Part IIIE+W+S Supplementary Provisions

MiscellaneousE+W+S

12E+W+SProvision may be made by regulations as to—

(a)the appointment and tenure of office of the chairman [F2vice-chairman] and members of an authority [F3and any members of a committee or sub-committee of [F4, or joint committee or joint sub-committee including,] an authority who are not members of the authority];

[F5(aa)the circumstances in which a member of an authority who is (or is to be regarded as) an officer of the authority may be suspended from performing his functions as a member]

(b)the appointment [F6and constitution] of F7. . . committees and sub-committees [F8(and joint committees and joint sub-committees) of (or including) an authority (including any such committees] consisting wholly or partly of persons who are not members of the authority in question); and

(c)the procedure of an authority, and of such committees and sub-committees as are mentioned in sub-paragraph (b) above.

[F912AE+W+SRegulations made by virtue of this Schedule [F10may make provision (including provision modifying this Schedule)] to deal with cases where the post of chief officer or any other officer of an authority is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.]

13E+W+SAn authority may pay subscriptions, of such amounts as the Secretary of State may approve, to the funds of such bodies as he may approve.

14E+W+SThe proceedings of an authority shall not be invalidated by any vacancy in its membership, or by any defect in a member’s appointment.

15[F11(1)Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body).E+W+S

(1A)This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above.]

[F12(2)An authority shall not be entitled to claim in any proceedings any privilege of the Crown in respect of the discovery or production of documents.

This sub-paragraph shall not prejudice any right of the Crown to withhold or procure the withholding from production of any document on the ground that its disclosure would be contrary to the public interest.]

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 5 Pt. III para. 15(1)(1A) substituted (1.9.1999 for E. and 1.12.1999 for W.) for Sch. 15 Pt. III para. 15(1) by 1999 c. 8, s. 65, Sch. 4 para. 39(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

F13Sch. 5 Pt. III para. 15(3) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 60(g), Sch. 3 (with Sch. 2 para. 6)

16E+W+SProvision may be made by regulations with respect to the recording of information by an authority, and the furnishing of information by an authority to the Secretary of State or another authority.