# The National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005

S.I. 2005/1445 · made 2 June 2005

This Order amends the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 to confer on the Authority a new function of providing advice and assistance to NHS bodies in connection with litigation.

Made under: National Health Service Act 1977 (Section 11, Section 126)

PDFs: Printed copy https://openlegislation.uk/national-health-service-litigation-authority-establishment-and-constitution-amendment-no-2-order-2005/pdf/uksi_20051445_en.pdf; Explanatory Memorandum https://openlegislation.uk/national-health-service-litigation-authority-establishment-and-constitution-amendment-no-2-order-2005/pdf/uksiem_20051445_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE, ENGLAND
Made 2nd June 2005
Laid before Parliament 3rd June 2005
Coming into force 1st July 2005
The Secretary of State for Health, in exercise of the powers conferred upon her by sections 11(1) and (2) and 126(3) and (4) of the National Health Service Act 1977, hereby makes the following Order:

## 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005 and shall come into force on 1st July 2005.
(2) This Order applies in relation to England.
(3) In this Order “the principal Order” means the National Health Service Litigation Authority (Establishment and Constitution) Order 1995.

## 2 Amendment of article 1 of the principal Order

In article 1 of the principal Order, for paragraph (2) substitute—
“(2) In this Order—
“the Authority” means the National Health Service Litigation Authority established by this Order; and
“NHS body” means a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust and a Primary Care Trust.”.

## 3 Amendment of article 3 of the principal Order

For article 3 of the principal Order substitute —
“Functions of the Authority
3. Subject to and in accordance with such directions as the Secretary of State may give to the Authority, the Authority shall perform on behalf of the Secretary of State—
(a) such of her functions in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 (scheme for meeting liabilities of health service bodies);
(b) such of her appellate and other functions in connection with the decisions and functions of Primary Care Trusts;
(c) such of her functions in connection with advice about and assistance with litigation or potential litigation which involves an NHS body; and
(d) such other functions,
as the Secretary of State may direct.”.

## Signature

Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of Sate for Care Services,
Department of Health
2nd June 2005

## Explanatory note

(This note is not part of the Order)
This Order amends the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 to confer on the Authority a new function of providing advice and assistance to NHS bodies in connection with litigation.

---
Source: https://www.legislation.gov.uk/uksi/2005/1445 (the official version)
Page: https://openlegislation.uk/national-health-service-litigation-authority-establishment-and-constitution-amendment-no-2-order-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.