National Health Service Litigation Authority (Establishment and Constitution) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/2800

1995No. 2800

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Litigation Authority

(Establishment and Constitution) Order 1995

27thOctober1995

30thOctober1995

20thNovember1995

The Secretary of State for Health, in exercise of powers conferred on him by section 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977( a) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 and shall come into force on 20th November 1995.

(2) In this Order, "the Authority" means the National Health Service Litigation Authority established by this Order.

Establishment of the National Health Service Litigation Authority

2. There is hereby established a Special Health Authority which shall be known as the National Health Service Litigation Authority.

Functions of the Authority

3. Subject to and in accordance with such directions as the Secretary of State may give to the Authority( b), the Authority shall perform on behalf of the Secretary of State such of his functions in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990( c)(scheme for meeting liabilities of health service bodies), and such other functions, as the Secretary of State may direct the Authority to perform on his behalf.

Constitution of the Authority

4. The Authority shall consist of—

(a) a chairman;(b) three members who are not officers of the Authority; and(c) three other members, being the persons who for the time being hold the offices of Chief Officer, Chief Finance Officer and Clinical Director of the Authority.

(a) 1977 c.49; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c.53) and by Schedule 10 to the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"); sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by paragraph 7(2) of Schedule 1 to the 1990 Act.

(b) See, in particular, sections 13, 17 and 18 of the National Health Service Act 1977 (c.49) and section 21(4)(b) of the National Health Service and Community Carte Act 1990 (c.19) ("the 1990 Act"); section 13 was amended by paragraph 33 of Schedule 1 to the Health Services Act 1980 (c.53) ("the...

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