2005 No. 504
The National Patient Safety Agency (Establishment and Constitution) Amendment Order 2005
Made
Laid before Parliament
Coming into force
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, application and interpretation1
1
This Order may be cited as the National Patient Safety Agency (Establishment and Constitution) Amendment Order 2005 and shall come into force on 1st April 2005.
2
This Order applies in relation to England.
3
In this Order “the principal Order” means the National Patient Safety Agency Establishment and Constitution Order 20013.
Amendment of article 1 of the principal Order2
1
For paragraph (3) of article 1 of the principal order (citation, commencement, extent and interpretation) there is substituted the following paragraph—
3
In this Order—
“the Agency” means the National Patient Safety Agency established by this Order;
“the Directions” means the Directions given by the Secretary of State to the Institute on 9th December 19994;
“the Institute” means the National Institute for Clinical Excellence5; and
“the St George’s Healthcare National Health Service Trust Schedule” means the document produced by the St George’s Healthcare National Health Service Trust and entitled “Schedule of property transferring from the St George’s Healthcare National Health Service Trust to the National Patient Safety Agency” and dated 3rd March 20056.
Amendment of article 3 of the principal Order3
1
Article 3 of the principal Order (functions of the Agency) is amended in accordance with paragraphs (2) and (3).
2
After sub-paragraph (a) insert—
b
such functions in connection with the assessment of the performance and conduct of doctors and dentists engaged in the health service,
c
such functions in connection with hospital food, hospital cleaning and hospital design, and
3
Re-number sub-paragraph (b) as sub-paragraph (d).
Amendment of article 4 of the principal Order4
1
Article 4 of the principal Order (constitution of the Agency) is amended in accordance with paragraphs (2) and (3).
2
In sub-paragraph (b)—
i
for “8” substitute “7”; and
ii
for “11” substitute “9”.
3
In sub-paragraph (d) for “three” substitute “up to 5”.
Transfer of officers, property and enforceability of rights and transfer of liabilities5
After article 6 of the principal Order (public meetings) add—
Transfer of officers7
1
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Agency.
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 Agency.
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 Agency; 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 Agency.
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 Agency and has informed the St George’s Healthcare National Health Service Trust of that objection by 31st March 2005.
6
Where an officer objected as mentioned in paragraph (5), his contract of employment with the St George’s Healthcare National Health Service Trust 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 St George’s Healthcare National Health Service Trust.
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.
Transfer of Property8
All property of the St George’s Healthcare National Health Service Trust identified as property transferring to the Agency in the St George’s Healthcare National Health Service Trust Schedule is transferred to the Agency on 1 April 2005.
Enforceability of rights and transfer of liabilities9
1
Any right relating to the National Confidential Enquiries referred to in the Directions that was, immediately before 1st April 2005, enforceable by or against the Institute is transferred to the Agency and therefore shall, on or after that date, be enforceable by or against the Agency.
2
All liabilities of the Institute relating to the exercise of those functions it was directed to exercise in relation to the National Confidential Enquiries in the Directions shall on 1st April 2005 be transferred to the Agency and are therefore enforceable against it.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)