SCHEDULE 1CONSEQUENTIAL AMENDMENTS

National Health Service Act 2006 (c. 41)258

1

The National Health Service Act 2006 is amended as follows.

2

In section 223(4) (powers of Secretary of State in connection with public-private partnerships: meaning of “company”), for “within the meaning of the Companies Act 1985” substitute “ as defined in section 1(1) of the Companies Act 2006 ”.

3

In paragraph 23 of Schedule 7 (public benefit corporations: appointment of auditor)—

a

for sub-paragraphs (3) and (4) substitute—

3

An auditor may be—

a

an officer of the Audit Commission (if appointed by the board with the agreement of the Commission),

b

an individual who is not an officer of the Audit Commission, or

c

a firm.

4

A person appointed as auditor must be—

a

eligible for appointment as a statutory auditor (see Part 42 of the Companies Act 2006),

b

a member of one or more of the bodies listed in section 3(7)(a) to (e) of the Audit Commission Act 1998, or

c

a member of any other body of accountants approved by the regulator for the purposes of this paragraph.

b

for sub-paragraph (7) substitute—

7

In this paragraph—

  • “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England; and

  • “firm” has the same meaning as in the Audit Commission Act 1998 (see section 53(1) of that Act).