Section 10.
1SThe Agency shall be a body corporate and shall have a common seal.
2SThe affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.
3SThe management committee shall consist of a chairman appointed by the Secretary of State and [F1such other members as the Secretary of State may, after consultation with the Health Boards, appoint.]
Textual Amendments
F1Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 9
[F23ASThe Secretary of State may pay to the chairman of the management committee [F3and to such other members of the management committee as may be prescribed] such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.]
Textual Amendments
F2Para. 3A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(2)
4SThe proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.
5SThe Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.
6SAllowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.
7SThe Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, F4 determine [F5in accordance with regulations and any directions given under this paragraph by the Secretary of State].
Textual Amendments
F4Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F5Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(3)(b)
[F67ASRegulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.]
Textual Amendments
[F77BSRegulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital.]
Subordinate Legislation Made
P1Sch. 5 para. 7B: s. 105(7) (with s. 108(1) and Sch. 5 para. 7B) power exercised by S.I. 1991/345
Textual Amendments
F7Sch. 5 para. 7B, 7C inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 11
Modifications etc. (not altering text)
C1Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7B applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 5 para. 7B applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7B applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7B applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 5 para. 7B applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 5 para. 7B applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C2Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
7CSDirections may be given by the Secretary of State—
(a)to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and
(b)to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction,
and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.
Modifications etc. (not altering text)
C3Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C4Sch. 5 para. 7C applied (1.4.1993) by S.I. 1993/577, art. 5(1), Sch. Pt. I (with art. 6)
Sch. 5 para. 7C applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt.I (with art. 6)
Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7C applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 5 para. 7C applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 5 para. 7C applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. (4))
Sch. 5 para. 7C applied (27.6.2002) by S.S.I. 2002/503, art. 5(1), Sch. Pt. I (with art. 4(4))
8SRegulations may make provision with respect to—
(a)the appointment, tenure and vacation of office of the chairman and members of the management committee;
(b)enabling alternative members to attend in place of any member of the committee who may be absent;
(c)the appointment by the management committee of sub-committees, whose membership may include persons who are not members of the management committee;
(d)the procedure of the management committee; and
(e)the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.
[F88ASIn connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—
(a)the transfer to employment by a local authority of officers or servants employed by the Agency; and
(b)the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph.
and for the purposes of this paragraph “National Health Service body” means the Agency, a Health Board or an NHS trust.]
Textual Amendments
F8Sch. 5 paras. 8A, 8B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 12
8BSBefore making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
9SNo officer or servant of the Agency to whom regulations [F9or any directions given under paragraph 7] apply shall be employed otherwise than in accordance with the regulations [F9or, as the case may be, the directions].
Textual Amendments
F9Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(4)
F1010S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 5 para. 10 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))
F1111S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 5 para. 11 repealed (1.8.1995) by 1995 c. 7 ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 3(2))
12SThe Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.