# The National Health Service Appointments Commission (Establishment and Constitution) Order 2001

S.I. 2001/793 · made 9 March 2001

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the National Health Service Appointments Commission (“the Commission”), to exercise such of the Secretary of State’s functions in connection with the appointment of chairmen, members or directors of health service bodies in England, special trustees of health service hospitals in England and trustees for NHS trusts and Primary Care Trusts in England, 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/national-health-service-appointments-commission-establishment-and-constitution-order-2001/pdf/uksi_20010793_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE, ENGLAND
Made 9th March 2001
Laid before Parliament 9th March 2001
Coming into force 1st April 2001
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, extent and interpretation

(1) This Order may be cited as the National Health Service Appointments Commission (Establishment and Constitution) Order 2001 and shall come into force on 1st April 2001.
(2) This Order extends to England only.
(3) In this Order “the Commission” means the National Health Service Appointments Commission established by this Order.

## 2 Establishment of the National Health Service Appointments Commission

There is hereby established a Special Health Authority which shall be known as the National Health Service Appointments Commission.

## 3 Functions of the Commission

Subject to, and in accordance with, such directions as the Secretary of State may give, the Commission shall perform—
(a) such functions in connection with the appointment of—
(i) the chairman and members of Health Authorities and Primary Care Trusts established for areas in England;
(ii) the chairman and directors of NHS trusts all or most of whose hospitals, establishments and facilities are situated in England;
(iii) special trustees for health service hospitals situated in England;
(iv) trustees for NHS trusts all or most of whose hospitals, establishments and facilities are situated in England; and
(v) trustees for Primary Care Trusts established for areas in England,
and,
(b) such other functions,
as the Secretary of State may direct.

## 4 Constitution of the Commission

The Commission shall consist of—
(a) the chairman;
(b) not less than four nor more than eight members who are not officers of the Commission (to be known as Regional Commissioners); and
(c) the chief officer of the Commission.

## 5 Remuneration of members

The Commission 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 Health Authorities and certain Special Health Authorities).

## Signature

Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2001

## 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 National Health Service Appointments Commission (“the Commission”), to exercise such of the Secretary of State’s functions in connection with the appointment of chairmen, members or directors of health service bodies in England, special trustees of health service hospitals in England and trustees for NHS trusts and Primary Care Trusts in England, and such other functions as he may direct it to perform.
Article 2 of the Order establishes the Commission, 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 Commission (article 4) and for the remuneration of members of the Commission (article 5).

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Source: https://www.legislation.gov.uk/uksi/2001/793 (the official version)
Page: https://openlegislation.uk/national-health-service-appointments-commission-establishment-and-constitution-order-2001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.