Healthcare Services Bill [H.L.] - continued        House of Lords

back to previous text
 
  S C H E D U L E
 
 

 
 
 

 
  CONSTITUTION ETC. OF THE AUTHORITY
 
Status
     1. The Authority is a body corporate.
 
 
Tenure of office of members of the Authority
     2. - (1) A person appointed as chairman or deputy chairman or as one of the other members shall hold and vacate office in accordance with the terms of his appointment and, on ceasing to hold that office, is eligible for re-appointment.
 
      (2) The terms of appointment of the chairman, deputy chairman and other members shall be determined by the Secretary of State after consulting the National Assembly for Wales.
 
     3. - (1) The person holding office as chairman or deputy chairman-
 
 
    (a) may resign his office by giving notice to the Secretary of State (and on doing so ceases to be a member of the Authority); and
 
    (b) may be removed from office by the Secretary of State if he is satisfied that the person is eligible to be removed under paragraph 4.
      (2) A member other than the chairman or deputy chairman-
 
 
    (a) may resign his office by giving notice to the Secretary of State; and
 
    (b) may be removed from office by the Secretary of State if he is satisfied that the member is eligible to be removed under paragraph 4.
     4. A person may be removed from office as chairman, deputy chairman or other member only if-
 
 
    (a) he has been adjudged bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors; or
 
    (b) he is failing to carry out the duties of his office or is otherwise unable or unfit to carry out those duties.
 
Remuneration, pensions, etc. of members of the Authority
     5. - (1) The Authority shall pay its members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.
 
      (2) The Authority shall, if so required by the Secretary of State-
 
 
    (a) pay such pensions, allowances or gratuities as may be determined by the Secretary of State,
 
    (b) make such payments as may be so determined towards provision for the payment of pensions, allowances or gratuities, or
 
    (c) provide and maintain such schemes (whether contributory or not) as may be so determined for the payment of pensions, allowances or gratuities,
  to or in respect of persons who are or have been members.
 
     6. If, when a person ceases to hold office as a member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be so determined.
 
 
Disqualification
     7. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted at the appropriate place the words "The Private Healthcare Regulatory Authority."
 
 
Staff
     8. - (1) The Authority may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such staff as it may determine.
 
      (2) Sub-paragraph (1) is subject to section 2 in the case of the chief executive and the director for Wales.
 
 
Proceedings etc.
     9. - (1) The Authority may regulate its own procedure (including quorum) and shall, in particular, establish and maintain a system for the declaration and registration of private interests of its members.
 
      (2) The entries recorded in the register of members' interests shall be published by the Authority.
 
     10. The validity of any proceedings of the Authority is not affected by a vacancy amongst its members or by a defect in the appointment of a member.
 
     11. A document purporting to be-
 
 
    (a) duly executed under the seal of the Authority, or
 
    (b) signed on behalf of the Authority,
  shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.
 
 
Delegation of powers
     12. - (1) Anything authorised or required to be done by the Authority (including the exercise of the power conferred by this paragraph) may be done by any member of the Authority who, or any committee (or sub-committee) of the Authority which, is authorised for the purpose by the Authority, whether generally or specially.
 
      (2) Sub-paragraph (1) does not affect the rule of law by virtue of which functions of the Authority may be carried out through members of its staff.
 
 
Accounts and audit
     13. - (1) The Authority shall prepare accounts for each financial year showing its income and expenditure and its overall state of affairs for that year.
 
      (2) Accounts under this paragraph shall-
 
 
    (a) be prepared in such form (and include such documents), and
 
    (b) be sent to the Comptroller and Auditor General and to the Treasury before such time,
  as the Treasury may direct after consulting the Authority.
 
      (3) The Comptroller and Auditor General shall examine any accounts sent to him under sub-paragraph (2) on behalf of the House of Commons, and may inspect any records relating to the accounts.
 
      (4) When any such accounts have been certified and reported on by the Comptroller and Auditor General, he shall-
 
 
    (a) send the certified accounts and the report to the Treasury who shall lay them before the House of Commons; and
 
    (b) send copies of those documents to the National Assembly for Wales.
 
previous section contents
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 14 December 1999