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The NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003

S.I. 2003/3059 · Made 26 November 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND

Made 26th November 2003

Laid before Parliament 4th December 2003

Coming into force 1st January 2004

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1977 c. 49; section 11 was amended by section 2(1) of, and paragraph 2 of Schedule 1 to, the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and section 65 of, and paragraphs 4 and 6 of Schedule 4 to, the Health Act 1999 (c. 8) (“the 1999 Act”); sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by section 1 of, and paragraph 7(2) of Schedule 1 to, the National Health Service and Community Care Act 1990 (c. 19) and amended by section 2(1) of, and paragraph 60(b) of Schedule 1 to, the 1995 Act and section 1(3) of, and paragraphs 1, 34(1) and (3)(b) of Schedule 1 to, the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.

Contents

  1. 1Citation, commencement, application and interpretation
  2. 2Establishment of the Authority
  3. 3Functions of the Authority
  4. 4Constitution of the Authority
  5. 5Remuneration of members
  6. Signature
  7. Explanatory note

1Citation, commencement, application and interpretation

(1)

This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 and shall come into force on 1st January 2004.

(2)

This Order applies to England only.

(3)

In this Order—

  • “the Act” means the National Health Service Act 1977; and

  • “the Authority” means the NHS Professionals Special Health Authority established by this Order.

2Establishment of the Authority

There is hereby established a Special Health Authority which shall be known as the NHS Professionals Special Health Authority.

3Functions of the Authority

(1)

Subject to and in accordance with such directions as the Secretary of State may give to the Authorityf1, the Authority shall perform—

(a)

such functions in connection with the management of matters relating to the recruitment and use of temporary staff in the health service; and

(b)

such other functions,

as the Secretary of State may direct.

4Constitution of the Authority

The Authority shall consist of—

(a)

a chairman;

(b)

not less than 8 members and not more than 10 members who are not officers of the Authority;

(c)

the persons who for the time being hold the office of Chief Executive and Director of Finance of the Authority; and

(d)

either 1 or 2 other officers of the Authority.

5Remuneration of members

The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (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

John Hutton

Minister of State,

Department of Health

26 November 2003

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 NHS Professionals Special Health Authority (“the Authority”), to exercise functions in connection with the management of matters relating to the recruitment and use of temporary staff in the National Health Service and such other functions as the Secretary of State may direct it to perform.

Article 2 of the Order establishes the Authority, 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 Authority (article 4) and for the remuneration of its members (article 5).