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SCHEDULES

Section 25(4)

SCHEDULE 7U.K.[F1The Professional Standards Authority for Health and Social Care]

Textual Amendments

StatusU.K.

1[F2The Authority] is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the [F3Authority's] property is not to be regarded as property of, or property held on behalf of, the Crown.

Textual Amendments

F2Words in Sch. 7 para. 1 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

2U.K.For the purposes of—

(a)section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b)section 70(6) of that Act (accounts prepared by cross-border bodies),

the [F4Authority] is to be treated as a cross-border public authority within the meaning of that Act.

Textual Amendments

PowersU.K.

3The power in section 26(1) includes the power to—

(a)acquire and dispose of land and other property, and

(b)enter into contracts.

Membership and chairmanU.K.

[F54[F6The Authority] is to consist of—

(a)a chair appointed by the Privy Council,

(b)one non-executive member appointed by the Scottish Ministers,

(c)one non-executive member appointed by the Welsh Ministers,

(d)one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(e)three non-executive members appointed by [F7the Privy Council], and

(f)[F8one executive member] appointed in accordance with paragraph 11.]

Textual Amendments

F6Words in Sch. 7 para. 4 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F7Words in Sch. 7 para. 4(e) substituted (9.6.2014) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(a), 306(4); S.I. 2014/1454, art. 2

F8Words in Sch. 7 para. 4(f) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(b), 306(4); S.I. 2012/2657, art. 2(3)

Appointment, procedure etcU.K.

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.[F10The Privy Council] may by regulations provide for—

[F11(a)the conditions to be fulfilled for appointment as chair or other member of the [F12Authority],]

(b)the tenure of office of the [F13chair and non-executive members] of the [F12Authority] (including the circumstances in which they cease to hold office or may be removed or suspended from office),

[F14(ba)the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair,] and

(c)the appointment of, constitution of and exercise of functions by committees and sub-committees of the [F12Authority] (including committees and sub-committees which consist of or include persons who are not members of the [F12Authority]).

Textual Amendments

F10Words in Sch. 7 para. 6 substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(3), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

F11Sch. 7 para. 6(a) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(a), 170; S.I. 2008/3244, art. 2(b)

F12Words in Sch. 7 para. 6(a)(b)(c) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F13Words in Sch. 7 para. 6(b) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(b), 170; S.I. 2008/3244, art. 2(b)

F14Sch. 7 para. 6(ba) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(c), 170; S.I. 2008/3244, art. 2(b)

Commencement Information

I1Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

7U.K.The [F15Authority] may regulate its own procedure.

Textual Amendments

8U.K.The validity of any proceedings of the [F16Authority] is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Textual Amendments

Members’ interestsU.K.

9(1)The [F17Authority] must establish and maintain a system for the declaration and registration of private interests of its members.

(2)The [F17Authority] must publish entries recorded in the register of members’ interests.

Textual Amendments

F17Words in Sch. 7 para. 9(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Remuneration and allowancesU.K.

10(1)The [F18Authority] may pay to its [F19chair], and to any other member of the [F18Authority], such remuneration and allowances as [F20the Authority] may determine.

(2)The [F18Authority] may pay to any member of a committee or sub-committee of the [F18Authority] such allowances as [F20the Authority] may determine.

[F21(3)The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.

(4)The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.]

Textual Amendments

F18Word in Sch. 7 para. 10(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F19Word in Sch. 7 para. 10 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(4), 170(3)(4); S.I. 2008/3244, art. 2(b)

F20Words in Sch. 7 para. 10(1)(2) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(4)(a), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

F21Sch. 7 para. 10(3)(4) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(4)(b), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

EmployeesU.K.

[F2211(1)The [F23Authority] may appoint the executive [F24member] referred to in paragraph 4(f) on such terms and conditions as the [F23Authority] may determine.

(2)The executive [F25member must be an employee] of the [F23Authority] .

(3)Any decision of the [F23Authority] under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

(4)The [F23Authority] may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.]

Textual Amendments

F23Words in Sch. 7 para. 11(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F24Word in Sch. 7 para. 11(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(a), 306(4); S.I. 2012/2657, art. 2(3)

F25Words in Sch. 7 para. 11(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(b), 306(4); S.I. 2012/2657, art. 2(3)

Delegation of functionsU.K.

12(1)The [F26Authority] may arrange for the discharge of any of its functions by—

(a)a committee, sub-committee, member or employee of the [F26Authority], or

(b)any other person.

(2)If the [F26Authority] does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Textual Amendments

F26Words in Sch. 7 para. 12(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

AssistanceU.K.

13(1)The [F27Authority] may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Textual Amendments

Payments and loans to [F28Authority] U.K.

14(1)The Secretary of State may make payments out of money provided by Parliament to the [F29Authority] of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2)An appropriate authority may make payments to the [F29Authority] of such amounts, at such times and on such conditions (if any) as it considers appropriate.

[F30(2A)The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.]

(3)The Secretary of State may make loans out of money provided by Parliament to the [F29Authority] on such terms (including terms as to repayment and interest) as he may determine.

(4)An appropriate authority may make loans to the [F29Authority] on such terms (including terms as to repayment and interest) as it may determine.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Secretary of State may give directions to the [F32Authority] as to the application of any sums received by it under sub-paragraph (1) or (3).

(8)An appropriate authority may give directions to the [F32Authority] as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9)The [F32Authority] must comply with any directions under sub-paragraph (7) or (8).

(10)In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Textual Amendments

F28Word in Sch. 7 para. 14 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F29Words in Sch. 7 para. 14(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F30Sch. 7 para. 14(2A) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(4), 306(1)(d)(4); S.I. 2015/409, art. 2

F31Sch. 7 para. 14(5)(6) omitted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 224(5), 306(1)(d)(4); S.I. 2015/409, art. 2

F32Words in Sch. 7 para. 14(7)(8)(9) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

AccountsU.K.

15(1)The [F33Authority] must keep accounts in such form as [F34the Privy Council] may determine.

(2)The [F33Authority] must prepare annual accounts in respect of each financial year in such form as [F34the Privy Council] may determine.

(3)The [F33Authority] must send copies of the annual accounts to F35... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as [F36the Privy Council] may determine.

(4)Within that period the [F33Authority] must also send copies of the annual accounts to—

(a)the Scottish Ministers,

(b)the National Assembly for Wales, and

(c)the Department of Health, Social Services and Public Safety in Northern Ireland.

(5)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(6)A copy of the accounts shall be laid before—

(a)the Scottish Parliament by the Scottish Ministers,

(b)the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

(7)In this paragraph and paragraph 16, “financial year” means—

(a)the period beginning with the date on which the [F37Authority] is established and ending with the next 31st March following that date, and

(b)each successive period of 12 months ending with 31st March.

Textual Amendments

F33Word in Sch. 7 para. 15(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F37Word in Sch. 7 para. 15(7)(a) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Reports and other informationU.K.

16(1)The [F38Authority] must prepare a report on the exercise of its functions during each financial year.

[F39(1A)The report must state—

(a)how the [F40Authority], in exercising its functions, has promoted the health, safety and well-being of [F41users of health care, users of social care in England, users of social work services in England] and other members of the public, and

(b)how far, in the opinion of the [F40Authority], each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.]

[F42(1B)The Authority must, by such date in each year as the Privy Council determines, publish—

(a)a strategic plan for the Authority for the coming financial year, and

(b)a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.]

(2)As soon as possible after the end of each financial year, the [F43Authority] must lay a copy of its report for that year [F44, and a copy of each of its strategic plans published in that year,] before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3)The [F43Authority] must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4)The [F43Authority] must also comply with any corresponding request by—

(a)the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

(b)the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Textual Amendments

F38Word in Sch. 7 para. 16(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F40Words in Sch. 7 para. 16(1A)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F41Words in Sch. 7 para. 16(1A)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(14), 306(4); S.I. 2012/1319, art. 2(4)

F43Words in Sch. 7 para. 16(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F44Words in Sch. 7 para. 16(2) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(8), 306(4); S.I. 2018/617, art. 2(b)

Commencement Information

I2Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

Application of seal and evidenceU.K.

17The application of the seal of the [F45Authority] must be authenticated by the signature of—

(a)any member of the [F45Authority], or

(b)any other person who has been authorised by the [F45Authority] (whether generally or specially) for that purpose.

Textual Amendments

18U.K.A document purporting to be duly executed under the seal of the [F46Authority] or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Textual Amendments

Meetings of the [F47Authority] in Northern IrelandU.K.

19(1)Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the [F48Authority] in Northern Ireland as they apply in relation to meetings of a district council.

(2)The modifications are—

(a)any reference to a district council shall be read as a reference to the [F49Authority], and

(b)any reference to councillors or members of the council shall be read as references to members of the [F49Authority].

Textual Amendments

F47Word in Sch. 7 para. 19 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F48Word in Sch. 7 para. 19(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F49Words in Sch. 7 para. 19(2)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Miscellaneous amendmentsU.K.

F5020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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