(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.