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The NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Establishment and Constitution) Order 2005

S.I. 2005/2529 · Made 9 September 2005

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NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 9th September 2005

Laid before Parliament 9th September 2005

Coming into force 1st October 2005

The Secretary of State for Health in relation to England, and the National Assembly for Wales in relation to Wales, in exercise of the powers conferred by sections 11(1), (2) and (4) and 126(4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977f1, and now vested in them and of all other powers enabling them in that behalf, hereby make 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”); section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(1) of, and paragraphs 4 and 37(1) and (6) of Schedule 4 to, the 1999 Act, section 67(1) of, and paragraphs 5(1) and (13)(b) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), sections 6(3)(c) and 37(1) of, and paragraphs 1 and 10(a) of Schedule 8 to, the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”). and section 184 of, and paragraph 38 of Schedule 11 and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 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 1990 Act 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 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(4) and (5)(a) of the 1999 Act, section 67(a) of, and paragraph 12(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”) and section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) on a date to be appointed.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment of the Authority
  3. 3Functions of the Authority
  4. 4Constitution of the Authority
  5. 5Remuneration of members
  6. 6Public meetings
  7. 7Consequential Amendment Regulations
  8. Signature
  9. Schedule: AMENDMENTS CONSEQUENTIAL ON THE ESTABLISHMENT OF THE NHS BLOOD AND TRANSPLANT (GWAED A THRAWSBLANIADAU'R GIG)
  10. The National Health Service Trusts (Membership and Procedure) Regulations 1990
  11. 1Paragraph 1
  12. The Health Authorities (Membership and Procedure) Regulations 1996
  13. 2Paragraph 2
  14. “The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
  15. 3Paragraph 3
  16. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Establishment and Constitution) Order 2005 and shall come into force on 1st October 2005.

(2)

In this Order—

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

  • “the appropriate authority” means—

    1. (a)

      in relation to England, the Secretary of State; and

    2. (b)

      in relation to Wales, the National Assembly for Wales; and

  • “the Authority” means NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) established by this Order.

2Establishment of the Authority

There is hereby established a Special Health Authority which shall be known as NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG).

3Functions of the Authority

(1)

Subject to and in accordance with such directions as the appropriate authority may give to the Authorityf1, the Authority shall so as to promote or secure the effective provision of services under the Act perform such functions in connection with —

(a)

collecting, screening, analysing, processing and supplying blood, blood products, plasma, stem cells and other tissues to the health service;

(b)

the preparation of blood components and reagents;

(c)

facilitating, providing and securing the provision of services to assist tissue and organ transplantation;

(d)

such other functions,

as the appropriate authority may direct.

4Constitution of the Authority

(1)

The Authority shall consist of—

(a)

a chairman;

(b)

not more than eight members who are not officers of the Authority in addition to the chairman;

(c)

not more than eight members who are officers of the Authority including the persons who for the time being hold the office of chief executive, director of finance and medical director.

(2)

The members mentioned in paragraph (1)(b) above shall include a person with particular experience suited to the interests of Wales.

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).

6Public meetings

The Public Bodies (Admission to Meetings) Act 1960f1 shall apply to the Authority.

7Consequential Amendment Regulations

The amendments in the Schedule are made in consequence of the establishment of the Authority.

Signature

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State

Department of Health

9th September 2005

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

D. Elis-Thomas

The Presiding Officer of the National Assembly

28th June 2005

1

In regulation 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990f1 (disqualification for appointment of chairman and non-executive directors) after sub-paragraph (g), insert –

“(h)

the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG).”.

2

In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996f1 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) insert in the appropriate alphabetical place “NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG),”.

3

In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000f1 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) insert in the appropriate alphabetical place “NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG),”.

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 Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (“the Authority”), to exercise functions in connection with the collecting, screening, processing and supplying and analysing of blood, blood products, plasma, stem cells and other tissues, the preparation of blood components and reagents and facilitating, providing and securing the provision of services to assist tissue and organ transplantation and such other functions as the Secretary of State and the National Assembly for Wales 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 and the National Assembly for Wales. Provision is also made for the constitution of the Authority (article 4), for the remuneration of its members (article 5), and for the admission of the public to meetings (article 6). Article 7 and the Schedule make provision to ensure that a member of the Authority is not disqualified from membership of certain other NHS bodies.