The Special Health Authorities Abolition Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/502 |
| Year | 2005 |
2005 No. 502
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The Special Health Authorities Abolition 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 upon him by sections 11(1), (2) and (4) and 126(3) and (4) of the National Health Service Act 19771, 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 and interpretation
1.—(1) This Order may be cited as the Special Health Authorities Abolition Order 2005 and shall come into force on 1st April 2005.
(2) In this Order—
“the FHSAA (SHA)” means the Family Health Services Appeal Authority (Special Health Authority) established by the Family Health Services Appeal Authority (Establishment and Constitution) Order 19953;
“the HDA” means the Health Development Agency established by the Health Development Agency (Establishment and Constitution) Order 19994;
“the Information Centre” means the Health and Social Care Information Centre established by the Health and Social Care Information Centre (Establishment and Constitution) Order 20055;
“the Institute” means the National Institute for Health and Clinical Excellence established by the National Institute for Clinical Excellence (Establishment and Constitution) Order 19996;
“the NCAA” means the National Clinical Assessment Authority established by the National Clinical Assessment Authority (Establishment and Constitution) Order 20007;
“the NHSIA” means the National Health Service Information Authority established by the National Health Service Information Authority (Establishment and Constitution) Order 19998;
“the NHSIA Property Schedule ” means the document produced by the NHSIA and entitled “Schedule of Property Transferring from the NHS Information Authority to the Secretary of State for Health – National Programme for Information Technology” and dated 28th February 20059;
“the NHSIA Transfer Schedule I” means the document produced by the NHSIA and entitled “Transfer Schedule I – NHS Information Authority Contracts to be transferred to the Secretary of State for Health in connection with the National Programme for Information Technology” dated 28th February 200510;
“the NHSIA Transfer Schedule II” means the document produced by the NHSIA and entitled “Transfer Schedule II – NHS Information Authority Contracts to be transferred to the Secretary of State for Health” dated 23rd February 200511;
“the NHSLA” means the National Health Service Litigation Authority established by the National Health Service Litigation Authority (Establishment and Constitution) Order12;
“the NPSA” means the National Patient Safety Agency established by the National Patient Safety Agency (Establishment and Constitution) Order13; and
“the PPA” means the Prescription Pricing Authority established by the Prescription Pricing Authority Constitution Order 199014.
Abolition of Special Health Authorities
2. The FHSAA (SHA), the NHSIA, the HDA and the NCAA are abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.
Consequential amendment of Orders and Regulations
3. The amendments in Schedule 2 are made in consequence of the abolition of the FHSAA (SHA), the NHSIA, the HDA and the NCAA.
Investigation of complaints by the Health Service Commissioner
4.—(1) A complaint made under the Health Service Commissioners Act 199315to the Health Service Commissioner for England in relation to the FHSAA (SHA), the NHSIA or the NCAA, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of those Special Health Authorities.
(2) The Health Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State for Health.
Enforceability of rights and transfer of liabilities of the Special Health Authorities
5.—(1) Any right that was, immediately before 1st April 2005, enforceable by or against the FHSAA (SHA) shall, on or after that date, be enforceable by or against the NHSLA.
(2) All liabilities of the FHSAA (SHA) shall, on 1st April 2005, be transferred to the NHSLA.
6.—(1) Any right that was, immediately before 1st April 2005, enforceable by or against the NHSIA and is not referred to in paragraph (2) shall, on or after that date, be enforceable by or against the Information Centre.
(2) Any right that was immediately before 1st April 2005 enforceable against the NHSIA under or in connection with the contracts specified in the NHSIA Transfer Schedule I and the NHSIA Transfer Schedule II, or in connection with the property referred to in the NHSIA Property Schedule shall, on or after that date be enforceable by or against the Secretary of State for Health.
(3) All liabilities of the NHSIA, unless referred to in paragraph (4) shall, on 1st April 2005, be transferred to the Information Centre.
(4) All liabilities of the NHSIA under or in connection with the contracts specified in the NHSIA Transfer Schedule I and the NHSIA Transfer Schedule II, or in connection with the property referred to in the NHSIA Property Schedule shall, on 1st April 2005, be transferred to the Secretary of State for Health.
7.—(1) Any right that was, immediately before 1st April 2005, enforceable by or against the HDA shall, on or after that date, be enforceable by or against the Institute.
(2) All liabilities of the HDA shall, on 1st April 2005, be transferred to the Institute.
8.—(1) Any right that was, immediately before 1st April 2005, enforceable by or against the NCAA shall, on or after that date, be enforceable by or against the NPSA.
(2) All liabilities of the NCAA shall, on 1st April 2005, be transferred to the NPSA.
Transfer of property from the Special Health Authorities
9. All property of the FHSAA (SHA) is transferred to the NHSLA on 1st April 2005.
10.—(1) The property of the NHSIA identified as property transferring to the Secretary of State for Health in the NHSIA Property Schedule is transferred to the Secretary of State for Health on 1st April 2005.
(2) Any other property of the NHSIA is transferred to the Information Centre on 1st April 2005.
11. All property of the HDA is transferred to the Institute on 1st April 2005.
12. All property of the NCAA is transferred to the NPSA on 1st April 2005.
Transfer of officers of the Special Health Authorities
13.—(1) This paragraph applies in relation to an officer of the FHSAA (SHA) who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the FHSAA (SHA).
(2) Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the NHSLA.
(3) The contract of employment of an officer transferred under paragraph (2)—
(a)
(a) is not terminated by the transfer; and
(b)
(b) has effect from the time of the transfer as if originally made between the officer and the NHSLA.
(4) Without prejudice to paragraph (3)—
(a)
(a) all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the NHSLA; and
(b)
(b) anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NHSLA.
(5) Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NHSLA and had informed the FHSAA (SHA) of that objection by 31st March 2005.
(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the FHSAA (SHA) shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the FHSAA (SHA).
(7) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
14.—(1) This paragraph applies in relation to...
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