Sch A1 para 3 The chief executive and other executive members: appointment and status
(1) The chief executive and the other executive members of NHS England are to be appointed by the non-executive members. (2) A person may not be appointed as chief executive without the consent of the Secretary of State. (3) The chief executive and the other executive members are to be employees of NHS England . (4) The first chief executive of NHS England is to be appointed by the Secretary of State.