Part 5Appointments Commission
Other functions
63Commission to assist other bodies with appointments
1
The Commission may enter into arrangements under subsection (2) with the board of governors of an NHS foundation trust.
2
Arrangements under this subsection are arrangements providing for the Commission to assist the board in connection with the exercise of their powers relating to—
a
the appointment of the chairman and non-executive directors under paragraph 17 of Schedule 1 to the 2003 Act; or
b
the appointment of the initial chairman and the initial non-executive directors in accordance with paragraph 19 of that Schedule.
3
The Commission may enter into arrangements under subsection (4) with—
a
any Minister of the Crown exercising functions in relation to England, or
b
any officer acting on behalf of such a Minister.
4
Arrangements under this subsection are arrangements providing for the Commission to assist the Minister or officer in connection with the exercise by him of any power relating to—
a
the appointment of the chairman of any body specified in the arrangements, or
b
the appointment of non-executive members of such a body.
5
For the purposes of subsections (3) and (4) it is immaterial that the body’s functions are not exercisable only in relation to England.
6
But arrangements may not be entered into under subsection (4) in relation to any powers that are exercisable by a Minister of the Crown jointly or concurrently with, or after consultation with—
a
a devolved authority, or
b
any other person who is not a Minister of the Crown.
7
In this section—
a
“arrangements” means arrangements, whether contractual or otherwise;
b
references to assistance in connection with the exercise of any power of appointment do not include the making of any appointment.