Section 20 Health Service Staff Commissions.

England, Wales and Northern Ireland

(1)

It shall be the duty of the Secretary of State to appoint, within one month beginning with the date of the passing of this Act, two Commissions to be called the National Health Service Staff Commission and the Welsh National Health Service Staff Commission; and the Commissions—

(a)

shall consist respectively of such persons as the Secretary of State may from time to time appoint as members of the Commission after consulting any bodies appearing to him to represent persons employed in England or, as the case may be, employed in Wales who are liable to transfer in pursuance of section 18 of this Act and any other bodies appearing to him to be concerned with transfers of such persons in pursuance of that section; and

(b)

shall in the case of the National Health Service Staff Commission exercise its functions in relation to England and in the case of the other Commission exercise its functions in relation to Wales.

(2)

It shall be the duty of each Commission—

(a)

to keep under review the arrangements made by relevant bodies for recruiting and engaging employees and the arrangements made for transfers in pursuance of section 18 of this Act and to give advice to the Secretary of State and the relevant bodies with respect to the arrangements;

(b)

to consider and advise the Secretary of State on any matter which he refers to the Commission as being a matter which in his opinion arises in connection with persons liable to transfer in pursuance of section 18 of this Act;

(c)

to consider and advise the Secretary of State on the steps required to safeguard the interests of persons liable as aforesaid; and

(d)

to arrange for the consideration of representations made to the Commission in pursuance of provision made by virtue of paragraph (b) of subsection (4) of the preceding section and for the giving of advice in pursuance of provision so made;

and each Commission shall have power to take any steps which it considers are appropriate for the purpose of selecting and recommending to Regional or Area Health Authorities and special health authorities persons whom it considers are suitable for employment by any of those authorities.

(3)

The Secretary of State may—

(a)

give directions to each Commission with respect to its procedure;

(b)

give directions to relevant bodies with respect to the furnishing by them of information requested by the appropriate Commission and with respect to the action to be taken by them in consequence of advice given by that Commission;

(c)

pay to any member of either Commission such remuneration as the Secretary of State may determine with the approval of the Minister for the Civil Service;

(d)

defray any expenses incurred with his approval by either Commission in the performance of its functions; and

(e)

wind up either Commission in such manner and at such time as he thinks fit;

and it shall be the duty of a body to which directions are given in pursuance of this subsection to comply with the directions.

(4)

In this section “relevant bodies” means bodies from and to whose employment persons are liable to be transferred by virtue of section 18 of this Act.

Notes on the whole Act

Textual amendments

F1: Act repealed (28.6.1995 for specified purposes and 1.4.1996 otherwise) by 1995 c. 17, ss. 2(1)(3), 4(2), 5, 8, Sch. 1 Pt. III para. 98, Sch. 3 (with s. 4(1), Sch. 2 paras. 6, 12, 16); and functions of Act in so far as still in force transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; and Sch. 4 para. 92 expressed to be repealed (1.5.2004) by 2003 c. 42, s. 141, Sch. 7; S.I. 2004/874, art. 2