Status
The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown.
Status
For the purposes of— (a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and (b) section 70(6) of that Act (accounts prepared by cross-border bodies), the Authority is to be treated as a cross-border public authority within the meaning of that Act.
Powers
The power in section 26(1) includes the power to— (a) acquire and dispose of land and other property, and (b) enter into contracts.
Membership and chairman
The Authority is to consist of— (a) a chair appointed by the Privy Council, (b) one non-executive member appointed by the Scottish Ministers, (c) one non-executive member appointed by the Welsh Ministers, (d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland, (e) three non-executive members appointed by the Privy Council , and (f) one executive member appointed in accordance with paragraph 11.
Appointment, procedure etc
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Appointment, procedure etc
The Privy Council may by regulations provide for— (a) the conditions to be fulfilled for appointment as chair or other member of the Authority , (b) the tenure of office of the chair and non-executive members of the Authority (including the circumstances in which they cease to hold office or may be removed or suspended from office), (ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair, and (c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Authority (including committees and sub-committees which consist of or include persons who are not members of the Authority ).
The Authority may regulate its own procedure.
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.
Members’ interests
(1) The Authority must establish and maintain a system for the declaration and registration of private interests of its members. (2) The Authority must publish entries recorded in the register of members’ interests.
Remuneration and allowances
(1) The Authority may pay to its chair , and to any other member of the Authority , such remuneration and allowances as the Authority may determine. (2) The Authority may pay to any member of a committee or sub-committee of the Authority such allowances as the Authority may determine. (3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority. (4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.
Employees
(1) The Authority may appoint the executive member referred to in paragraph 4(f) on such terms and conditions as the Authority may determine. (2) The executive member must be an employee of the Authority . (3) Any decision of the Authority under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e). (4) The Authority may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.
Delegation of functions
(1) The Authority may arrange for the discharge of any of its functions by— (a) a committee, sub-committee, member or employee of the Authority , or (b) any other person. (2) If the Authority does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Assistance
(1) The Authority may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case. (2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans to Authority
(1) The Secretary of State may make payments out of money provided by Parliament to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate. (2) An appropriate authority may make payments to the Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate. (2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph. (3) The Secretary of State may make loans out of money provided by Parliament to the Authority on such terms (including terms as to repayment and interest) as he may determine. (4) An appropriate authority may make loans to the Authority on such terms (including terms as to repayment and interest) as it may determine. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The Secretary of State may give directions to the Authority as to the application of any sums received by it under sub-paragraph (1) or (3). (8) An appropriate authority may give directions to the Authority as to the application of any sums received by it from the authority under sub-paragraph (2) or (4). (9) The Authority must comply with any directions under sub-paragraph (7) or (8). (10) In this paragraph, “ appropriate authority ” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.
Accounts
(1) The Authority must keep accounts in such form as the Privy Council may determine. (2) The Authority must prepare annual accounts in respect of each financial year in such form as the Privy Council may determine. (3) The Authority must send copies of the annual accounts to ... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Privy Council may determine. (4) Within that period the Authority must also send copies of the annual accounts to— (a) the Scottish Ministers, (b) the National Assembly for Wales, and (c) the Department of Health, Social Services and Public Safety in Northern Ireland. (5) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament. (6) A copy of the accounts shall be laid before— (a) the Scottish Parliament by the Scottish Ministers, (b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there, and the National Assembly for Wales shall publish the accounts. (7) In this paragraph and paragraph 16, “ financial year ” means— (a) the period beginning with the date on which the Authority is established and ending with the next 31st March following that date, and (b) each successive period of 12 months ending with 31st March.
Reports and other information
(1) The Authority must prepare a report on the exercise of its functions during each financial year. (1A) The report must state— (a) how the Authority , in exercising its functions, has promoted the health, safety and well-being of users of health care, users of social care in England, users of social work services in England and other members of the public, and (b) how far, in the opinion of the Authority , each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons. (1B) The Authority must, by such date in each year as the Privy Council determines, publish— (a) a strategic plan for the Authority for the coming financial year, and (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine. (2) As soon as possible after the end of each financial year, the Authority must lay a copy of its report for that year , and a copy of each of its strategic plans published in that year, before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. (3) The Authority must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information. (4) The Authority must also comply with any corresponding request by— (a) the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility, (b) the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“ transferred matters ” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).
Application of seal and evidence
The application of the seal of the Authority must be authenticated by the signature of— (a) any member of the Authority , or (b) any other person who has been authorised by the Authority (whether generally or specially) for that purpose.
Application of seal and evidence
A document purporting to be duly executed under the seal of the Authority or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Meetings of the Authority in Northern Ireland
(1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Authority in Northern Ireland as they apply in relation to meetings of a district council. (2) The modifications are— (a) any reference to a district council shall be read as a reference to the Authority , and (b) any reference to councillors or members of the council shall be read as references to members of the Authority .
Miscellaneous amendments
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Miscellaneous amendments
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Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).