National Health Service Act 1977

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

[F2Part IE+W+S Membership of Health Authorities]

F31A Health Authority shall consist of—

(a)a chairman appointed by the Secretary of State;

(b)not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and

(c)a prescribed number of officers of the Health Authority.

F42Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above—

(a)must hold posts of a prescribed description; or

(b)must fulfil any other prescribed conditions.

F53Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either—

(a)hold an office of the Health Authority of a prescribed description; or

(b)be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above.

F64Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.

[F8Part IE+W+S Membership of Regional [F9Area and District] Health Authorities

Regional Health AuthoritiesE+W+S

1(1)A Regional Health Authority shall consist of a chairman appointed by the Secretary of State, and of such number of other members appointed by him as he thinks fit.E+W+S

(2)Except in prescribed cases, it is the Secretary of State’s duty, before he appoints a member of a Regional Health Authority other than the chairman, to consult with respect to the appointment—

(a)such of the following bodies of which the areas or parts of them are within the region of the Authority, namely, county councils, metropolitan district councils, . . . F10 London borough councils, and the Common Council of the City of London;

(b)the university or universities with which the provision of health services in that region is, or is to be, associated;

(c)such bodies as the Secretary of State may recognise as being, either in that region or generally, representative respectively of medical practitioners [F11including medical practitioners qualified in homoeopathy], dental practitioners, nurses, midwives, registered pharmacists and ophthalmic . . . F12 opticians, or representative of such other professions as appear to him to be concerned;

(d)any federation of workers’ organisations which appears to the Secretary of State to be concerned, and any voluntary organisation within the meaning of section 23 above and any other body which appear to him to be concerned; and

(e)in the case of an appointment of a member falling to be made after the establishment of the Regional Health Authority in question, that Authority.

Area Health AuthoritiesE+W+S

2(1). . . F13 an Area [F14or District] Health Authority for an area [F14or district] in England shall consist of the following members—E+W+S

(a)a chairman appointed by the Secretary of State;

(b)the specified number of members appointed by the relevant Regional Authority after consultation (except in prescribed cases) with the bodies mentioned in sub-paragraph (2) below;

(c)the specified number of members appointed by the relevant Regional Authority on the nomination of the university or universities specified as being associated with the provision of health services in that Authority’s region; and

(d)the specified number (not less than four) of members appointed by the specified local authority or local authorities.

(2)The bodies referred to in sub-paragraph (1)(b) above are—

(a)such bodies as the relevant Regional Authority may recognise as being, either in its region or in the area [F14or district] of the Area [F14or District] Health Authority or generally, representative respectively of medical practitioners, dental practitioners, nurses, midwives, registered pharmacists and ophthalmic . . . F15 opticians, or representative of such other professions as appear to the relevant Regional Authority to be concerned;

(b)such other bodies (including any federation of workers’ organisations) as appear to the relevant Regional Authority to be concerned, excluding any university which has nominated, or is entitled to nominate, a member, and any local authority which has appointed, or is entitled to appoint, a member; and

(c)in the case of an appointment of a member falling to be made after the establishment of the Area [F14or District] Health Authority in question, that Authority.

3E+W+SParagraph 2 above applies to an Area [F16or District] Health Authority for an area [F16or district] in Wales as if, for any reference to the relevant Regional Authority, there were substituted a reference to the Secretary of State, and for any reference to England or the region of that Authority there were substituted a reference to Wales.

4E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

SupplementalE+W+S

5(1)For the purposes of paragraphs 2 to 4 above—E+W+S

(a)“local authority” means the council of a non–metropolitan county, a metropolitan district, [F18a non-metropolitan district] and a London borough, . . . F19and the Common Council of the City of London;

(b)“the relevant Regional Authority” means the Regional Health Authority of which the region includes [F20the area or district of the Area or District] Health Authority in question; and

(c)“specified” means specified in the order establishing the Area [F18or District] Health Authority in question, . . . F21.

(2)Where—

(a)an order establishing an Area [F18or District] Health Authority, . . . F21, specifies more than one university in pursuance of paragraph 2(1)(c) above, the order may contain provision as to which of the universities shall (either severally or jointly) nominated all or any of the members falling to be nominated in pursuance of that provision;

(b)such an order specifies more than one local authority in pursuance of paragraph 2(1)(d) above, the order may provide for each of the local authorities to appoint in pursuance of paragraph 2(1)(d) the number of members specified in the order in relation to that local authority.]

[F22[F23Part IIE+W+S Family Practitioner Committees

6(1)Subject to paragraph 7 below, a Family Practitioner Committee shall consist of a chairman and 30 other members.E+W+S

(2)The chairman shall be appointed by the Secretary of State.

(3)The other members shall be appointed by the Secretary of State, as follows—

(a)8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them must be, but not more than one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above;

(b)3 shall be appointed from persons nominated by the Local Dental Committee for that locality;

(c)2 shall be appointed from persons nominated by the Local Pharmaceutical Committee for that locality;

(d)1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians;

[F24(e)1 shall be appointed from persons nominated—

(i)by the Local Medical Committee for the locality of the Family Practitioner Committee;

(ii)by the Local Dental Committee for that locality;

(iii)by the Local Pharmaceutical Committee for that locality; or

(iv)by the Local Optical Committee for that locality;]

(f)4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family Practitioner Committee;

(g)4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee; and

(h)7 shall be appointed after such consultations with such bodies as the Secretary of State considers appropriate.

(4)One member must be a person who—

(a)is registered in the register of qualified nurses, midwives and health visitors—

(i)as a nurse recorded in the register as having an additional qualification in district nursing;

(ii)as a midwife; or

(iii)as a health visitor; and

(b)has recent experience of providing services to patients (other than patients resident in hospital) in any such capacity.

(5)If a nomination required for the purposes of sub-paragraph (3) above is not made before such date as the Secretary of State may determine, he may appoint a member without waiting any longer for the nomination.

(6)No person—

(a)shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above; or

(b)shall be appointed to such a Committee under sub-paragraph (3)(f), (g) or (h) above,

if he is—

(i)a medical practitioner;

(ii)a dental practitioner;

(iii)an ophthalmic optician;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(v)a registered pharmacist; or

(vi)a person conducting a business providing any service for the purposes of Part II of this Act.

(7)If a Local Medical Committee so require, the Secretary of State shall appoint from among medical practitioners having the qualifications prescribed in pursuance of section 38 above and nominated by the Local Medical Committee under sub-paragraph (3)(a) above a medical practitioner to be the deputy of such a practitioner appointed from among persons nominated by them under sub-paragraph (3)(a) above.

[F26(8)If a Local Optical Committee so require, the Secretary of State shall appoint from among ophthalmic opticians nominated by the Committee under sub-paragraph (3)(d) above an ophthalmic optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(d) above.]

(9)If a Local Optical Committee so require, the Secretary of State shall appoint from among dispensing opticians nominated by the Committee under sub-paragraph (3)(e) above a dispensing optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(e) above.

(10)A deputy may, while the member for whom he is deputy is absent from any meeting of the relevant Family Practitioner Committee, act as a member of that Committee in the place of the absent member.

(11)The Committee shall appoint one of their members to be vice-chairman.

7(1)If it appears to the Secretary of State that, by reason of special circumstances affecting a locality, it is appropriate that the Family Practitioner Committee for that locality should not be in accordance with paragraph 6 above, he may by order provide that that paragraph shall apply in relation to the Committee for that locality with such modifications as are specified in the order.E+W+S

(2)Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.

(3)It shall also be his duty, in making any such order, to have regard to the desirability of maintaining, so far as practicable, the same numerical proportion as between members falling to be appointed in pursuance of paragraph 6 above as there would be if no modification were made.

7A(1)Any member of a Family Practitioner Committee appointed by virtue of paragraph 6(3)(e) above shall cease to be a member of the Committee on the day on which the repeal of that paragraph by section 24 of the Health and Social Security Act 1984 comes into force.E+W+S

(2)The following paragraph shall be substituted on that day for paragraph 6(3)(e) above—

“(e)1 shall be appointed from persons nominated—

(i)by the Local Medical Committee for the locality of the Family Practitioner Committee;

(ii)by the Local Dental Committee for that locality;

(iii)by the Local Pharmaceutical Committee for that locality; or

(iv)by the Local Optical Committee for that locality;”]]

Part IIIE+W+S Supplementary Provisions

Corporate statusE+W+S

8Each [F27Health Authority and each Special Health Authority] (hereinafter in this Schedule referred to severally as “an authority”) shall be a body corporate.

Pay and allowancesE+W+S

9(1)The Secretary of State may pay to the chairman of an authority [F28and to any member of a relevant authority who is appointed by the Secretary of State F29. . .] . . . F30 such remuneration as he may determine with the approval of [F31the Treasury].

(2)The Secretary of State may provide as he may determine with the approval of [F32the Treasury] for the payment of a pension, allowance or gratuity to or in respect of the chairman of an authority . . . F30.

(3)Where a person ceases to be chairman of an authority . . . F30, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the approval of [F33the Treasury].

(4)The Secretary of State may pay to a member of an authority, or of a committee or sub-committee of an authority, such travelling and other allowances (including attendance allowance or compensation for the loss of remunerative time) as he may determine with the approval of [F34the Treasury].

(5)Allowances shall not be paid in pursuance of sub-paragraph (4) above except in connection with the exercise, in such circumstances as the Secretary of State may determine with the approval of [F34the Treasury], of such functions as he may so determine.

(6)Payments under this paragraph shall be made at such times, and in such manner and subject to such conditions, as the Secretary of State may determine with the approval of [F35the Treasury].

[F36(7)In sub-paragraph (1) above “relevant authority”[F37means—

(a)a Health Authority; or

(b)any Special Health Authority which is specified] in Schedule 1 to the Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order M11982, in the Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order M21984 or in any other provision of an order under this Act which specifies an authority for the purposes of this sub-paragraph.]

StaffE+W+S

10[F38(1)Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority . . . F39 may employ such officers as it may determine at such remuneration and on such conditions of service as it may determine; and regulations and directions under] this sub-paragraph may contain provision—

(a)with respect to the qualifications of persons who may be employed as officers of an authority;

(b)requiring an authority to employ [F40a chief officer and officers of such other descriptions as may be prescribed and to employ], for the purpose of performing prescribed functions of the authority or any other body, officers having prescribed qualifications or experience; and

(c)as to the manner in which any officers of an authority are to be appointed.

[F41(1A)Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them [F42and a direction under that sub-paragraph may relate to a particular officer or class of officer specified in the direction].

(1B)The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.]

(2)Regulations may provide for the transfer of officers from one authority to another . . . F43, and for arrangements under which the services of an officer of an authority are placed at the disposal of another authority or a local authority.

[F44(2A)Where the registration of a dental practitioner in the dentists register is suspended—

(a)by an order under [F45section 32 of the M3Dentists Act 1984] (interim suspension); or

(b)by a direction or [F45an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any contract of employment made between him and an authority but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and an authority which involves the practice of dentistry within the meaning of [F45the M4Dentists Act 1984.]]

(3)Directions may be given—

(a)by the Secretary of State to an authority to place services of any of its officers at the disposal of another authority,

F46(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)by the Secretary of State to any authority . . . F47 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,

F46(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it shall be the duty of an authority to which directions are given in pursuance of this sub-paragraph to comply with the directions.

(4)Regulations made in pursuance of this paragraph shall not require that all consultants employed by an authority are to be so employed whole-time.

11(1)It shall be the duty of the Secretary of State, before he makes regulations in pursuance of paragraph 10 above, to consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.E+W+S

(2)Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, F48. . . before he F48. . . gives directions to an authority in pursuance of sub-paragraph (3) of paragraph 10 above in respect of any officer of an authority—

(a)to consult the officer about the directions; or

(b)to satisfy himself. . .that the authority of which he is an officer has consulted the officer about the placing or employment in question; or

(c)to consult, except in the case of a direction in pursuance of paragraph (c) F48. . .of paragraph 10(3), with respect to the directions such body as he F48. . .may recognise as representing the officer.

(3)If the Secretary of State F49. . .—

(a)considers it necessary to give directions in pursuance of paragraph (a) F49. . .of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and

(b)has previously consulted bodies recognised by him F49. . .as representing the relevant officers about the giving of directions for that purpose,

the Secretary of State F49. . .shall be entitled to disregard sub-paragraph (2) above in relation to the directions.

MiscellaneousE+W+S

12Provision may be made by regulations as to—

(a)the appointment and tenure of office of the chairman [F50vice-chairman] and members of an authority [F51and any members of a committee or sub-committee of an authority who are not members of the authority];

[F52(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 [F53and constitution] of F54. . . committees and sub-committees of an authority (including joint committees and joint sub-committees of two or more authorities, and committees and sub-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.

[F5512AE+W+SRegulations made by virtue of this Schedule [F56may 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(1)An authority shall, notwithstanding that it is exercising any function on behalf of the Secretary of State or another authority, be entitled to enforce any rights acquired in the exercise of that function, and be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of that function, in all respects as if it were acting as a principal.

Proceedings for the enforcement of such rights and liabilities shall be brought, and brought only, by or, as the case may be, against the authority in question in its own name.

[F57(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.]

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.