The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

JurisdictionUK Non-devolved
(1) This Order may be cited as the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017 and comes into force on 1st November 2017.(2) This Order applies in relation to England only.
  • In this Order—
  • The special health authority to be known as the
  • (1) The Authority is to exercise the functions of the Secretary of State in respect of counter fraud which are identified in paragraph (2) , subject to and in accordance with this article and directions to the Authority given by the Secretary of State.taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities, carried out against or otherwise affecting the health service in England;taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities against or otherwise affecting the Secretary of State in relation to his responsibilities for the health service in England;operational matters relating to the functions described in (a) and (b) ;providing advice to bodies and persons identified in directions given by the Secretary of State to the Authority about matters relevant to counter fraud.(3) Schedule 1 has effect, providing for directions to the Authority as to the exercise by the Authority and its senior officers of the Secretary of State’s functions under sections 197 (notice requiring production of documents) and 198 (production of documents) of the NHS Act (“delegated functions”) and making further provision pursuant to section 199(4) in connection with the exercise of those delegated functions.(4) The Authority has the function of assisting and providing information to the Secretary of State when requested in relation to matters relevant to counter fraud.(5) Nothing in this Order prevents the Authority from undertaking activity in accordance with arrangements made with it by Welsh Ministers pursuant to section 83 of the Government of Wales Act 2006.(6) In this article—
    • “counter fraud” refers to the actions which may be taken in performance of the Secretary of State’s counter fraud functions described in section 195(2) of the NHS Act;
    • “investigating” has the meaning given in section 195(5) of the NHS Act.
    a chairperson;in addition to the chairperson, not less than three members who are not officers of the Authority; andat least two but not more than three members who are officers of the Authority, and those officer members must include the persons who for the time being hold the offices of chief executive and director of finance.a chairperson;one other member who is not an officer of the Authority;an officer member appointed to act as chief executive of the Authority;an officer member appointed to act as director of finance of the Authority.
  • Schedule 2 has effect in respect of the appointment and tenure of the chairperson and other members of
  • “liabilities” do not include criminal liabilities (other than in paragraph (2) ) ;NHS Protect” means the division within the BSA known as the Counter Fraud and Security Management Service Division, and also known as NHS Protect, maintained by the BSA in accordance with directions of the Secretary of State given on 1st June 2016.(2) This Part does not apply to transfer, or provide for continuity in relation to, criminal liabilities of the BSA or proceedings arising from such liabilities.

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