SCHEDULES
SCHEDULE 3Primary Care Trusts
Part 1Constitution and membership
Staff
7
1
A Primary Care Trust may employ such officers as it considers appropriate.
2
A Primary Care Trust may—
a
pay its officers such remuneration and allowances, and
b
employ them on such other terms and conditions,
as it considers appropriate.
3
A Primary Care Trust must—
a
in exercising its powers under sub-paragraph (2), and
b
otherwise in connection with the employment of its officers,
act in accordance with regulations and any directions given by the Secretary of State.
4
Before making any regulations under sub-paragraph (3), the Secretary of State must consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.
8
1
The Secretary of State may direct a Primary Care Trust—
a
to make the services of any of its officers available to another Primary Care Trust, or
b
to employ any person who is or was employed by another Primary Care Trust and is specified in the direction.
2
Before he gives a direction under sub-paragraph (1), the Secretary of State must—
a
consult the person whose services will be made available or who will be employed,
b
satisfy himself that the Primary Care Trust has consulted that person, or
c
consult any such body as he may recognise as representing that person.
3
Sub-paragraph (2) does not apply in relation to a direction under sub-paragraph (1)(a) if the Secretary of State—
a
considers it necessary to give the direction for the purpose of dealing temporarily with an emergency, and
b
has previously consulted bodies recognised by him as representing the person whose services will be made available about the giving of directions for that purpose.
9
In addition to making provision in relation to Strategic Health Authorities or Special Health Authorities, regulations under paragraph 7(8) of Schedule 2 or under paragraph 3(8) of Schedule 6 may also provide—
a
for the transfer of officers of one Primary Care Trust to another, and
b
for arrangements under which the officers of a Primary Care Trust are placed at the disposal of another Primary Care Trust or a local authority.
10
1
Sub-paragraph (3) applies where the registration of a dental practitioner in the dentists register is suspended—
a
by an interim suspension order under section 32 of the Dentists Act 1984 (c. 24) (interim orders), or
b
by a direction or an order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.
2
For the purposes of sub-paragraph (1), a “relevant determination” that a practitioner's fitness to practice is impaired is a determination which is based solely on—
a
the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance),
b
the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health), or
c
both those grounds.
3
The suspension does not terminate any contract of employment made between the dental practitioner and a Primary Care Trust, but a person whose registration is so suspended must not perform any duties under a contract made between him and a Primary Care Trust which involves the practice of dentistry within the meaning of the Dentists Act 1984.