Skip to main content

NHS: Public Appointments

Volume 471: debated on Thursday 31 January 2008

To ask the Secretary of State for Health under what statutory provisions he proposes to make regulations to give himself powers to suspend the chairmen and non-executive directors of NHS trusts and primary care trusts and to delegate such powers to the Appointments Commission. (183344)

The Secretary of State has power to make regulations to provide for the tenure of office of the chairman and directors of an national health service trust, including the circumstances in which they cease to hold office, or may be removed from office, or may be suspended from performing the functions of the office. The power is contained in the National Health Service Act 2006, Schedule 4, paragraph 4(l)(a).

The Secretary of State also has power to make regulations to provide for the tenure of office of the chairman and other members of a primary care trust (PCT), including the circumstances in which they cease to hold office or may be removed or suspended from office. The power is contained in the National Health Service Act 2006, Schedule 3, paragraph 4(l)(a).

Under section 58(1) and (2) of the Health Act 2006, the Appointments Commission is to exercise so much of any function of the Secretary of State relating to the appointment of chairmen and non-executive members of PCTs and NHS trusts as may be specified in a direction given by the Secretary of State.

Under section 71(2) of this Act, the reference to ‘appointment’ in section 58 includes removal or suspension from office.