§ 73 Clause 42, page 47, line 12, after ("functions") insert ("— (a)")
§ 74 Page 47, line 14, at end insert (";or
- (b) relating to pilot schemes under Part I of the National Health Service (Primary Care) Act 1997; or
- (c) relating to arrangements under section 17C for the provision of personal medical services and personal dental services."."
§ 75 After Clause 44, insert the following new clause—
§ TRANSFER OF STAFF AMONG HEALTH SERVICE BODIES
§ (". After section I 2C of the 1978 Act there is inserted—474
§ "Transfer of staff among health service bodies.
§ 12CA.—(1) This section applies to any person who is—
- (a) employed by a health service body (the transferor authority) and is transferred to another health service body (the transferee authority) because a function of the transferor authority is transferred to the transferee authority; and
- (b) designated for the purposes of this section by a scheme made by the transferor authority.
- (2) A scheme under this section shall not have effect unless approved by the Secretary of State.
- (3) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the transferee authority.
- (4) Without prejudice to subsection (3)—
- (a) all the transferor authority's rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the transferee authority on the transfer date; and
- (b) anything done before the transfer date by or in relation to the transferor authority in respect of that contract shall be deemed from that date to have been done by or in relation to the transferee authority.
- (5) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
- (6) A scheme under this section may designate a person either individually or as a member of a class or description of employees.
§ (7) In this section—
- a "health service body" is a body mentioned in section 17A(2); and
- the "transfer date" is the date on which the function is transferred from the transferor authority to the transferee authority."").
§ 76 Clause 45, page 47, line 36, after ("trust") insert ("and of the Agency").
77 Clause 51, page 54, leave out lines 45 to 50 and insert—
("(a) shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and
(b) may consult such other persons as he considers appropriate.").
§ 78 Page 55, line 8, leave out ("revised") and insert ("varied").
§ 79 Page 56, line 26, leave out ("revocation or revision") and insert ("or revocation").
§ 80 Page 56, line 41. leave out subsection (4).
§ Baroness Hayman
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 73 to 80 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 73 to 80 en bloc.— (Baroness Hayman.)
§ On Question, Motion agreed to.