Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/3039
Year2002

2002 No. 3039

NATIONAL HEALTH SERVICE, ENGLAND

The Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002

Made 10th December 2002

Laid before Parliament 10th December 2002

Coming into force 1st January 2003

The Secretary of State for Health, in exercise of the powers conferred upon him by section 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 19771and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation, commencement, application and interpretation

Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 and shall come into force on 1st January 2003.

(2) This Order applies to England only.

(3) In this Order “the CFSMS” means the Counter Fraud and Security Management Service established by this Order.

S-2 Establishment of the CFSMS

Establishment of the CFSMS

2. There is hereby established a Special Health Authority which shall be known as the Counter Fraud and Security Management Service.

S-3 Functions of the CFSMS

Functions of the CFSMS

3. Subject to and in accordance with such directions as the Secretary of State may give2, the CFSMS shall have responsibility for all policy and operational matters relating to the prevention, detection and investigation of fraud and corruption and the management of security in the National Health Service and shall perform—

(a) such functions in connection with countering fraud and corruption and the management of security, and

(b) such other functions,

as the Secretary of State may direct.

S-4 Constitution of the Service

Constitution of the Service

4. The CFSMS shall consist of—

(a) a chairman;

(b) not less than five and not more than seven members who are not officers of the CFSMS in addition to the chairman;

(c) the persons who for the time being hold the office of Chief Executive and Deputy Chief Executive of the CFSMS; and

(d) not less than three and not more than five members who are officers of the CFSMS.

S-5 Remuneration of members

Remuneration of members

5. The CFSMS is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).

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