# The Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002

S.I. 2002/3039 · made 10 December 2002

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the Counter Fraud and Security Management Service (“the CFSMS”), to exercise such of the Secretary of State’s functions in connection with countering fraud and corruption and the management of security and such other functions as he may direct it to perform.

Made under: National Health Service Act 1977 (Section 11, Schedule 5 paragraph 9)

PDFs: Printed copy https://openlegislation.uk/counter-fraud-and-security-management-service-establishment-and-constitution-order-2002/pdf/uksi_20023039_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE, ENGLAND
Made 10th December 2002
Laid before Parliament 10th December 2002
Coming into force 1st January 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by section 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977 and of all other powers enabling him in that behalf, hereby makes the following Order:

## 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 and shall come into force on 1st January 2003.
(2) This Order applies to England only.
(3) In this Order “the CFSMS” means the Counter Fraud and Security Management Service established by this Order.

## 2 Establishment of the CFSMS

There is hereby established a Special Health Authority which shall be known as the Counter Fraud and Security Management Service.

## 3 Functions of the CFSMS

Subject to and in accordance with such directions as the Secretary of State may give, the CFSMS shall have responsibility for all policy and operational matters relating to the prevention, detection and investigation of fraud and corruption and the management of security in the National Health Service and shall perform—
(a) such functions in connection with countering fraud and corruption and the management of security, and
(b) such other functions,
as the Secretary of State may direct.

## 4 Constitution of the Service

The CFSMS shall consist of—
(a) a chairman;
(b) not less than five and not more than seven members who are not officers of the CFSMS in addition to the chairman;
(c) the persons who for the time being hold the office of Chief Executive and Deputy Chief Executive of the CFSMS; and
(d) not less than three and not more than five members who are officers of the CFSMS.

## 5 Remuneration of members

The CFSMS is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).

## Signature

Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State for Health,
Department of Health
10th December 2002

## Explanatory note

(This note is not part of the Order)
This Order provides for the establishment and constitution of a Special Health Authority, to be known as the Counter Fraud and Security Management Service (“the CFSMS”), to exercise such of the Secretary of State’s functions in connection with countering fraud and corruption and the management of security and such other functions as he may direct it to perform.
Article 2 of the Order establishes the CFSMS, the functions of which are described in article 3 and are to be specified more particularly in directions given by the Secretary of State. Provision is also made for the constitution of the CFSMS (article 4) and for the remuneration of members of the CFSMS (article 5).

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Source: https://www.legislation.gov.uk/uksi/2002/3039 (the official version)
Page: https://openlegislation.uk/counter-fraud-and-security-management-service-establishment-and-constitution-order-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.