# The Retained Organs Commission (Establishment and Constitution) Order 2001

S.I. 2001/743 · made 8 March 2001

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the Retained Organs Commission (“the Commission”), to exercise on behalf of the Secretary of State such functions in connection with the removal, retention and storage of human tissue and organs and such other functions as he may direct it to perform.

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

## Introductory text

NATIONAL HEALTH SERVICE, ENGLAND
Made 8th 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 sections 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 Retained Organs 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 Retained Organs Commission established by this Order.

## 2 Establishment of the Commission

There is hereby established a Special Health Authority which shall be known as the Retained Organs 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 removal, retention and storage of human tissue and organs, and
(b) such other functions,
as the Secretary of State may direct.

## 4 Constitution of the Commission

The Commission shall consist of—
(a) a chairman,
(b) not less than 4 and not more than 7 members who are not officers of the Commission,
(c) the person who for the time being who holds the office of Chief Executive of the Commission, and
(d) one other 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).

## 6 Public meetings

The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Commission.

## Signature

Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th 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 Retained Organs Commission (“the Commission”), to exercise on behalf of the Secretary of State such functions in connection with the removal, retention and storage of human tissue and organs 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), for the remuneration of members of the Commission (article 5) and for the admission of the public to meetings (article 6).

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Source: https://www.legislation.gov.uk/uksi/2001/743 (the official version)
Page: https://openlegislation.uk/retained-organs-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.