The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/295

2013 No. 295

National Health Service, England And Wales

The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2013

Made 12th February 2013

Laid before Parliament 19th February 2013

Coming into force 1st April 2013

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) and 273(1) of the National Health Service Act 20061, and section 4 of, and paragraph 8 of Schedule 2 to, the National Health Service (Consequential Provisions) Act 20062.

In accordance with section 28(7) of that Act, 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 Order.

S-1 Citation, commencement, application and interpretation

Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2013 and comes into force on 1st April 2013.

(2) Subject to paragraph (3), this Order applies to England and Wales.

(3) Article 3 and the definition of “NHS body” in the substitute paragraph (2) to be inserted into the Establishment Order by article 2 of this Order apply to England only.

(4) In this Order, “the Establishment Order” means the National Health Service Litigation Authority (Establishment and Constitution) Order 19953.

S-2 Amendment of article 1 of the Establishment Order

Amendment of article 1 of the Establishment Order

2. In article 1 of the Establishment Order (citation, commencement and interpretation), for paragraph (2) substitute—

S-2

“2 In this Order—

“the Authority” means the National Health Service Litigation Authority established by this Order;

“NHS body” means a clinical commissioning group, the Health and Social Care Information Centre, the National Health Service Commissioning Board, the National Institute for Health and Care Excellence, an NHS trust, an NHS foundation trust, and a Special Health Authority;

“the Institute” means the National Institute for Health and Clinical Excellence established by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999;

“transfer date” means 1st April 2013.”.

S-3 Amendment of article 3 of the Establishment Order

Amendment of article 3 of the Establishment Order

3. In article 3 of the Establishment Order (functions of the Authority), in paragraph (b) for “Primary Care Trusts” substitute “the National Health Service Commissioning Board”.

S-4 Substitution of article 4 of the Establishment Order

Substitution of article 4 of the Establishment Order

4. For article 4 of the Establishment Order (constitution of the Authority), substitute—

S-4

Constitution of the Authority

4. The Authority is to consist of—

(a) a chairman;

(b) four members who are not officers of the Authority; and

(c) four other members, being the persons who for the time being hold the offices of Chief Executive Officer, Chief Finance Officer and such other executive posts as determined by the Authority.”.

S-5 Transfer of officers, property and liabilities and enforceability of rights

Transfer of officers, property and liabilities and enforceability of rights

5. After article 5 of the Establishment Order (remuneration of members), insert—

S-6

Transfer of officers from the Institute to the Authority

6.—(1) This paragraph applies in relation to any person who—

(a)

(a) immediately before the transfer date is employed by the Institute and is engaged wholly or mainly in performing functions in connection with the assessment of the performance of doctors, dentists or pharmacists engaged in the health service; and

(b)

(b) has been notified in writing by the Institute by 31st March 2013 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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT