The Health and Social Care Information Centre (Establishment and Constitution) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/499 |
| Year | 2005 |
2005 No. 499
NATIONAL HEALTH SERVICE, ENGLAND
The Health and Social Care Information Centre (Establishment and Constitution) Order 2005
Made 7th March 2005
Laid before Parliament 10th March 2005
Coming into force 1st April 2005
The Secretary of State for Health, in exercise of the powers conferred by sections 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 19771, and of all other powers enabling him in that behalf, and after consultation with such bodies as he recognises represent officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the Order2, hereby makes the following Order:
Citation, commencement, application and interpretation
1.—(1) This Order may be cited as the Health and Social Care Information Centre (Establishment and Constitution) Order 2005 and shall come into force on 1st April 2005.
(2) This Order applies in relation to England.
(3) In this Order—
“the Act” means the National Health Service Act 1977; and
“the Authority” means the Health and Social Care Information Centre established by this Order;
“the WYSHA” means the West Yorkshire Strategic Health Authority3;
“the WYSHA functions” means the responsibilities and liabilities of the WYSHA specified in an Agreement between the WYSHA and the Department of Health dated 18th October 20024.
Establishment of the Authority
2. There is hereby established a Special Health Authority which shall be known as the Health and Social Care Information Centre.
Functions of the Authority
3. Subject to and in accordance with such directions as the Secretary of State may give to the Authority5, the Authority shall so as to promote or secure the effective provision of services under the Act perform—
(a) such functions in connection with the collection, analysis, use and dissemination of information;
(b) such functions in connection with the issuing of administrative identification numbers; and
(c) such other functions,
as the Secretary of State may direct.
Constitution of the Authority
4. The Authority shall consist of—
(a) a chairman;
(b) for the period 1st April 2005 to 31st December 2005 not less than 3 and not more than 7 members who are not officers of the Authority in addition to the Chairman;
(c) from 1st January 2006 not less than 5 and not more than 7 members who are not officers of the Authority in addition to the Chairman;
(d) not more than 7 members who are officers of the Authority including the persons who for the time being hold the office of Chief Executive and Director of Finance.
Remuneration of members
5. The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Public meetings
6. The Public Bodies (Admission to Meetings) Act 19606shall apply to the Authority.
Enforceability of rights and liabilities of the West Yorkshire Strategic Health Authority
7.—(1) Any right that was, immediately before 1st April 2005, enforceable by or against the WYSHA in respect of the WYSHA functions is transferred to the Authority and therefore shall, on or after that date, be enforceable by or against the Authority.
(2) All liabilities of the WYSHA relating to the exercise of the WYSHA functions shall on 1st April 2005 be transferred to the Authority and are therefore enforceable against it.
Transfer of officers
8.—(1) This paragraph applies in relation to any officer of the West Yorkshire Strategic Health Authority who on 31st March 2005 is wholly or mainly engaged in the performance of the WYSHA functions and who was notified in writing on...
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