The Health Research Authority (Establishment and Constitution) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2323 |
| Year | 2011 |
2011 No. 2323
National Health Service, England
The Health Research Authority (Establishment and Constitution) Order 2011
Made 22th September 2011
Laid before Parliament 27th September 2011
Coming into force 1st December 2011
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 28(1), (2) and (4), 272(7) and (8) of the National Health Service Act 20061.
The Secretary of State has consulted such bodies as the Secretary of State recognises as representing officers who in the Secretary of State’s opinion are likely to be transferred or affected by transfers in pursuance of this Order2.
Citation, commencement, application and interpretation
1.—(1) This Order may be cited as the Health Research Authority (Establishment and Constitution) Order 2011 and comes into force on 1st December 2011.
(2) This Order applies in relation to England only.
(3) In this Order—
“the Agency” means the National Patient Safety Agency3;
“the Authority” means the Health Research Authority established by article 2 of this Order;
“Research Ethics Committee” means a group of people appointed to assess whether research proposals relating to the health service conform to recognised ethical standards;
“transfer date” means 1st December 2011.
Establishment of the Authority
2. There is established a Special Health Authority which is to be known as the Health Research Authority.
Functions of the Authority
3.—(1) The Authority is to exercise—
(a)
(a) such functions in connection with—
(i) the facilitation and promotion of research;
(ii) the establishment of Research Ethics Committees, and the appointment and indemnification of members of Research Ethics Committees; and
(b)
(b) such other functions;
as the Secretary of State may direct4.
(2) The Authority must exercise those functions subject to, and in accordance with, any directions given to it by the Secretary of State5.
Constitution of the Authority
4. The membership of the Authority is to consist of two officers of the Authority, one of whom is to be the chief officer.
Transfer of officers from the Agency to the Authority
5.—(1) This paragraph applies in relation to any person who—
(a)
(a) immediately before the transfer date is employed by the Agency; and
(b)
(b) has been notified in writing by the Agency by 30th November 2011 that they are to be transferred to the Authority.
(2) Any person to whom paragraph (1) applies is, on the transfer date, to be transferred to the employment of the Authority.
(3) The contract of employment of a person whose employment has transferred to the Authority under paragraph (2)—
(a)
(a) is not terminated by the transfer; and
(b)
(b) has effect from the transfer date as if originally made between that person and the Authority.
(4) Without prejudice to paragraph (3)—
(a)
(a) all the rights, powers, duties and liabilities of the Agency, under or in connection with its contract of employment with a person transferred under paragraph (2), are to transfer to the Authority on the transfer date; and
(b)
(b)...
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