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 1995(3);

“the HDA” means the Health Development Agency established by the Health Development Agency (Establishment and Constitution) Order 1999(4);

“the Information Centre” means the Health and Social Care Information Centre established by the Health and Social Care Information Centre (Establishment and Constitution) Order 2005(5);

“the Institute” means the National Institute for Health and Clinical Excellence established by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999(6);

“the NCAA” means the National Clinical Assessment Authority established by the National Clinical Assessment Authority (Establishment and Constitution) Order 2000(7);

“the NHSIA” means the National Health Service Information Authority established by the National Health Service Information Authority (Establishment and Constitution) Order 1999(8);

“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 2005(9);

“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 2005(10);

“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 2005(11);

“the NHSLA” means the National Health Service Litigation Authority established by the National Health Service Litigation Authority (Establishment and Constitution) Order(12);

“the NPSA” means the National Patient Safety Agency established by the National Patient Safety Agency (Establishment and Constitution) Order(13); and

“the PPA” means the Prescription Pricing Authority established by the Prescription Pricing Authority Constitution Order 1990(14).

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 1993(15) to 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)is not terminated by the transfer; and

(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)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)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 an officer of the NHSIA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NHSIA and who was notified in writing on or before 22nd February 2005 that he was to be transferred to the Information Centre.

(2) Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Information Centre.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a)is not terminated by the transfer; and

(b)has effect from the time of the transfer as if originally made between the officer and the Information Centre.

(4) Without prejudice to paragraph (3)—

(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 Information Centre; and

(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 Information Centre.

(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 Information Centre and has informed the NHSIA of that objection by 31st March 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSIA 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 NHSIA.

(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.

15.—(1) This paragraph applies in relation to an officer of the NHSIA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NHSIA and who was notified in writing on or before 22nd February 2005 that he was to be transferred to the PPA.

(2) Any officer to whom paragraph (1) applies, shall on 1st April 2005, be transferred to the employment of the PPA.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a)is not terminated by the transfer, and

(b)has effect from the time of the transfer as if originally made between the officer and the PPA.

(4) Without prejudice to paragraph (3)—

(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 PPA; and

(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 PPA.

(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 PPA and has informed the NHSIA of that objection by 31st March 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSIA 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 NHSIA.

(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.

16.—(1) This paragraph applies in relation to an officer of the HDA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the HDA.

(2) Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Institute.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a)is not terminated by the transfer; and

(b)has effect from the time of the transfer as if originally made between the officer and the Institute.

(4) Without prejudice to paragraph (3)—

(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 Institute; and

(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 Institute.

(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 Institute and has informed the HDA of that objection by 31st March 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the HDA 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 HDA.

(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.

17.—(1) This paragraph applies in relation to an officer of the NCAA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NCAA, unless the officer’s contract of employment provides that the contract of employment terminates on 31st March 2005.

(2) Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the NPSA.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a)is not terminated by the transfer; and

(b)has effect from the time of the transfer as if originally made between the officer and the NPSA.

(4) Without prejudice to paragraph (3)—

(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 NPSA; and

(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 NPSA.

(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 NPSA and has informed the NCAA of that objection by 31st March 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NCAA 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 NCAA.

(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.

Provision for continuity in the exercise of functions

18.  Anything done on or before 31st March 2005 by or in relation to the FHSAA (SHA) shall be deemed to have been done by or in relation to the NHSLA and any appeal or other matter which on 31st March 2005 was being considered by the FHSAA (SHA) shall continue to be considered by the NHSLA in accordance with any directions made by the Secretary of State.

19.—(1) Anything done on or before 31st March 2005 by or in relation to the NHSIA that is not referred to in paragraph (2) shall be deemed to have been done by or in relation to the Information Centre.

(2) Anything done on or before 31st March 2005 by or in relation to the NHSIA under or in connection with the contracts referred to 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 be deemed to have been done by or in relation to the Secretary of State for Health.

20.  Anything done on or before 31st March 2005 by or in relation to the HDA shall be deemed to have been done by or in relation to the Institute.

21.  Anything done on or before 31st March 2005 by or in relation to the NCAA shall be deemed to have been done by or in relation to the NPSA.

Winding up of affairs of the Special Health Authorities

22.  It shall be the duty of the NHSLA to take such action as may be necessary for the winding up of the affairs of the FHSAA (SHA), including the preparation of the outstanding accounts of the FHSAA (SHA) and the performance of all statutory duties relating to those accounts.

23.  It shall be the duty of the Information Centre to take such action as may be necessary for the winding up of the affairs of the NHSIA, including the preparation of the outstanding accounts of the NHSIA and the performance of all statutory duties relating to those accounts.

24.  It shall be the duty of the Institute to take such action as may be necessary for the winding up of the affairs of the HDA, including the preparation of the outstanding accounts of the HDA and the performance of all statutory duties relating to those accounts.

25.  It shall be the duty of the NPSA to take such action as may be necessary for the winding up of the affairs of the NCAA, including the preparation of the outstanding accounts of the NCAA and the performance of all statutory duties relating to those accounts.

Article 2

SCHEDULE 1INSTRUMENTS REVOKED

• The Family Health Services Appeal Authority (Establishment and Constitution) Order 1995

• The Family Health Services Appeal Authority Regulations 1995(16)

• The Health Service Commissioner (Family Health Services Appeal Authority) Order 1995(17)

• The National Health Service Information Authority (Establishment and Constitution) Order 1999

• The National Health Service Information Authority Regulations 1999(18)

• The Health Development Agency (Establishment and Constitution) Order 1999

• The Health Development Agency Regulations 1999(19)

• The National Clinical Assessment Authority (Establishment and Constitution) Order 2000

• The National Clinical Assessment Authority Regulations 2000(20)

Article 3

SCHEDULE 2AMENDMENTS CONSEQUENTIAL ON THE ABOLITION OF THE SPECIAL HEALTH AUTHORITIES

The National Health Service (General Ophthalmic Services) Regulations 1986

1.  In regulation 9B(6)(e) of the National Health Service (General Ophthalmic Services) Regulations 1986(21) (criteria for decisions on removal) after “National Clinical Assessment Authority” add “on or before 31st March 2005 or thereafter by the National Patient Safety Agency”.

The National Health Service Trusts (Membership and Procedure) Regulations 1990

2.  In paragraph 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990(22) (disqualification for appointment of chairman and non-executive directors) sub-paragraphs (aa) and (b) are deleted.

The Health Authorities (Membership and Procedure) Regulations 1996

3.  In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996(23) (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) “Health Development Agency”, “National Clinical Assessment Authority” and “National Health Service Information Authority” are deleted.

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

4.  In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(24) (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) “Health Development Agency”, “National Clinical Assessment Authority” and “National Health Service Information Authority” are deleted.

The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003

5.  In regulation 2 of the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003(25) (interpretation) the definition of “the NCAA” is deleted.

The Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003

6.  In the Schedule to the Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003(26) “Family Health Services Appeal Authority”, “Health Development Agency”, “National Clinical Assessment Authority” and “NHS Information Authority” are deleted.

The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003

7.  In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003(27) “Family Health Services Appeal Authority”, “Health Development Agency”, “National Clinical Assessment Authority” and “NHS Information Authority” are deleted.

The National Health Service (Performers Lists) Regulations 2004

8.—(1) The National Health Service (Performers Lists) Regulations 2004(28) are amended as follows.

(2) In regulation 2 (interpretation and modification) after the definition of “notice” insert—

““the NPSA” means the National Patient Safety Agency established as a Special Health Authority under section 11;”.

(3) In regulation 4(3)(d) (application for inclusion in a performers list) for “NCAA” substitute “NPSA”.

(4) In regulation 11(6)(e) (criteria for a decision on removal) after “NCAA” add “on or before 31st March 2005 or thereafter by the NPSA”.

(5) In regulation 16(2)(g) (notification) for “NCAA” substitute “NPSA”.

(6) In regulation 20(1)(f) (disclosure of information) for “NCAA” substitute “NPSA”.

The Health Service Commissioner for England (Special Health Authorities) Order 2004

9.  In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2004(29) (Special Health Authorities designated as subject to investigation) “National Clinical Assessment Authority” and “National Health Service Information Authority” are deleted.

The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

10.—(1) The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005(30) are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “notice” insert—

““the NPSA” means the National Patient Safety Agency established as a Special Health Authority under section 11;”.

(3) In regulation 11(6)(f) (criteria for decision on removal) after “NCAA” add “on or before 31st March 2005 or thereafter by the NPSA”.

(4) In regulation 16(2)(g) (notification) for “NCAA” substitute “NPSA”.

Explanatory Note

(This note is not part of the Order)

This Order abolishes on 1st April 2005, the Family Health Services Appeal Authority (Special Health Authority), the National Health Service Information Authority, the Health Development Agency and the National Clinical Assessment Authority, all Special Health Authorities established under section 11 of the National Health Service Act 1977.

The Order revokes the Orders and Regulations specified in Schedule 1 (article 2) and makes the consequential amendments referred to in Schedule 2 (article 3).

The Order also makes provision for the transfer of rights, liabilities and property of the abolished Special Health Authorities and the transfer of staff from those Authorities to other bodies.