# The NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004 S.I. 2004/648 · made 9 March 2004 This Order amends the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 (“the Establishment Order”) which established the NHS Professionals Special Health Authority (“the Authority”) as a Special Health Authority under section 11 of the National Health Service Act 1977. Made under: National Health Service Act 1977 (Section 11, Section 126) PDFs: Printed copy https://openlegislation.uk/nhs-professionals-special-health-authority-establishment-and-constitution-amendment-order-2004/pdf/uksi_20040648_en.pdf ## Introductory text NATIONAL HEALTH SERVICE, ENGLAND Made 9th March 2004 Laid before Parliament 11th March 2004 Coming into force 1st April 2004 The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1), (2) and (4) and 126(3) of the National Health Service Act 1977, and of all other powers enabling him in that behalf, 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 Order, hereby makes the following Order: ## 1 Citation, commencement, application and interpretation (1) This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004 and shall come into force on 1st April 2004. (2) This Order applies to England only. (3) In this Order “the Establishment Order” means the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003. ## 2 Amendment of the Establishment Order After article 5 of the Establishment Order (remuneration of members) add— “Transfer of rights and liabilities 6. All rights and liabilities of a National Health Service trust or a Primary Care Trust listed in Schedule 1 relating to the activity known as NHS Professionals (being the recruitment and use of temporary staff in the health service), are transferred to the Authority and are therefore enforceable by or, as the case may be, against it. Transfer of property 7. All property of the National Health Service trusts listed in Schedule 2 identified as property transferring to the Authority in the document produced by the Department of Health and entitled “Schedule of property transferring from National Health Service trusts to NHS Professionals Special Health Authority on 1st April 2004” and dated 5th March 2004 is transferred to the Authority. Transfer of officers 8. (1) This paragraph applies to an officer of— (a) a National Health Service trust listed in Schedule 2; or (b) the Heatherwood and Wexham Park Hospitals' National Health Service Trust, who on 31st March 2004 is wholly or mainly engaged in recruitment and use of temporary staff in the health service (being the activity known as NHS Professionals) and who was notified in a letter posted on or before 30th January 2004 that he was to be transferred to the Authority. (2) Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Authority. (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 Authority. (4) Without prejudice to paragraph (3)— (a) all the rights, powers, duties and liabilities of the body from which an 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 Authority; 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 such an officer or his contract of employment, shall be deemed to have been done by or in relation to the Authority. (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 objects to the transfer to the Authority and informs the body from which he would be transferred of that objection by 31st March 2004. (6) Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred 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 that body. (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.”. ## 3 Insertion of Schedules 1 and 2 in the Establishment Order There shall be inserted into the Establishment Order at the appropriate place the Schedules set out in the Schedule to this Order. ## Signature Signed by authority of the Secretary of State for Health John Hutton Minister of State, Department of Health 9th March 2004 ## “SCHEDULE 1 Schedule of National Health Service trusts and Primary Care Trusts Article 6 National Health Service trust or Primary Care Trust Establishment Order Barking, Havering and Redbridge Hospitals National Health Service Trust S.I. 2000/1413 Buckinghamshire Hospitals National Health Service Trust S.I. 2002/2419 Buckinghamshire Mental Health National Health Service Trust S.I. 2001/333 Central Liverpool Primary Care Trust S.I. 2001/3490 Cherwell Vale Primary Care Trust S.I. 2001/491 Chiltern and South Bucks Primary Care Trust S.I. 2001/3295 Christie Hospital National Health Service Trust S.I. 1990/2407 Dartford and Gravesham National Health Service Trust S.I. 1993/2642 Dartford, Gravesham and Swanley Primary Care Trust S.I. 2000/2043 Dudley Group of Hospitals National Health Service Trust S.I. 1994/168 East Hampshire Primary Care Trust S.I. 2001/331 East Kent Hospitals National Health Service Trust S.I. 1999/896 East Lancashire Hospitals National Health Service Trust S.I. 2002/2073 Epping Forest Primary Care Trust S.I. 2000/287 George Eliot Hospital National Health Service Trust S.I. 1993/2551 Harlow Primary Care Trust S.I. 2000/2820 Heatherwood and Wexham Park Hospitals' National Health Service Trust S.I. 1991/2357 Lancashire Care National Health Service Trust S.I. 2001/4118 Leeds Teaching Hospitals National Health Service Trust S.I. 1998/837 Mid Yorkshire Hospitals National Health Service Trust S.I. 2002/1341 Milton Keynes Primary Care Trust S.I. 2000/2015 Milton Keynes General National Health Service Trust S.I. 1991/2372 North Cheshire Hospitals National Health Service Trust S.I. 2001/345 North Essex Mental Health Partnership National Health Service Trust S.I. 2001/324 Nottingham City Hospital National Health Service Trust S.I. 1991/2380 Nuffield Orthopaedic National Health Service Trust S.I. 1990/2434 Oxford Radcliffe Hospitals National Health Service Trust S.I. 1993/2544 Oxfordshire Learning Disability National Health Service Trust S.I. 1992/2574 Oxfordshire Mental Healthcare National Health Service Trust S.I. 1993/2566 Pennine Acute Hospitals National Health Service Trust S.I. 2002/308 Portsmouth Hospitals National Health Service Trust S.I. 1992/2506 Princess Alexandra Hospital National Health Service Trust S.I. 1994/3179 Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust S.I. 1992/2478 Royal Berkshire and Battle Hospitals National Health Service Trust S.I. 1992/2579 Royston, Buntingford and Bishop’s Stortford Primary Care Trust S.I. 2001/390 St Mary’s National Health Service Trust S.I. 1991/2395 Salford Royal Hospitals National Health Service Trust S.I. 1994/164 Sheffield Teaching Hospitals National Health Service Trust S.I. 2000/2909 South East Oxfordshire Primary Care Trust S.I. 2001/523 South Leeds Primary Care Trust S.I. 2001/3622 South Manchester University Hospitals National Health Service Trust S.I. 1994/161 South Tees Hospitals National Health Service Trust S.I. 1991/2402 South West London Community National Health Service Trust S.I. 1999/794 South West Oxfordshire Primary Care Trust S.I. 2001/525 South Yorkshire Mental Health National Health Service Trust S.I. 2002/1313 Stockport National Health Service Trust S.I. 2000/842 Vale of Aylesbury Primary Care Trust S.I. 2001/268 Walsall Teaching Primary Care Trust S.I. 2002/894 Walton Centre for Neurology and Neurosurgery National Health Service Trust S.I. 1991/2411 West Yorkshire Metropolitan Ambulance National Health Service Trust S.I. 1992/2493 Worcestershire Acute Hospitals National Health Service Trust S.I. 1999/3473 Wycombe Primary Care Trust S.I. 2001/3296 SCHEDULE 2 Schedule of National Health Service trusts Articles 7 and 8 National Health Service trust Establishment Order Barking, Havering and Redbridge Hospitals National Health Service Trust S.I. 2000/1413 East Kent Hospitals National Health Service Trust S.I. 1999/896 Hampshire Ambulance Service National Health Service Trust S.I. 1992/2504 Oxford Radcliffe Hospitals National Health Service Trust S.I. 1993/2544 Royal Berkshire and Battle Hospitals National Health Service Trust S.I. 1992/2579 St Mary’s National Health Service Trust S.I. 1991/2395 West Yorkshire Metropolitan Ambulance National Health Service Trust S.I. 1992/2493 ” ## Explanatory note (This note is not part of the Order) This Order amends the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 (“the Establishment Order”) which established the NHS Professionals Special Health Authority (“the Authority”) as a Special Health Authority under section 11 of the National Health Service Act 1977. Articles 2 and 3 of the Order make provision for the transfer of rights and liabilities to the Authority from the National Health Service trusts and Primary Care Trusts listed in Schedule 1 in the Schedule to the Order, for the transfer of property to the Authority from the National Health Service trusts listed in Schedule 2 in the Schedule to the Order and for the transfer of officers to the Authority from the Heatherwood and Wexham Park Hospitals' National Health Service Trust and the National Health Service trusts listed in Schedule 2 in the Schedule to the Order. A copy of the document referred to in article 7 to be inserted into the Establishment Order is available from the Department of Health, Quarry House, Quarry Hill, Leeds, West Yorkshire LS2 7UE. --- Source: https://www.legislation.gov.uk/uksi/2004/648 (the official version) Page: https://openlegislation.uk/nhs-professionals-special-health-authority-establishment-and-constitution-amendment-order-2004 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.