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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Special Health Authorities Abolition Order 2006 No. 635 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060635.html

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"the CFSMS" means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 [2];

"the DVTA" means the Dental Vocational Training Authority established by the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993[3];

"the former bodies" shall be construed in accordance with article 2;

"the NHS BSA" means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005[4];

"the NHSL" means the National Health Service Logistics Authority established by the National Health Service Logistics Authority (Establishment and Constitution) Order 1991[5];and

"the PPA" means the Prescription Pricing Authority established by the Prescription Pricing Authority (Establishment and Constitution) Order 1974[6].

Abolition of Special Health Authorities
     2. The CFSMS, the DVTA, the NHSL and the PPA (in this Order referred to as "the former bodies"), are abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.

Consequential Amendment of Orders and Regulations
     3. The amendments in Schedule 2 are made in consequence of the abolition of the former bodies.

Investigation of complaints by the Health Service Commissioner
     4. —(1) A complaint made under the Health Service Commissioners Act 1993[7] to the Health Service Commissioner for England in relation to the CFSMS or the NHSL, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of those Special Health Authorities.

    (2) The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.

Investigation of complaints by the Parliamentary Commissioner
     5. —(1) A complaint made under the Parliamentary Commissioner Act 1967[8] to the Parliamentary Commissioner for Administration in relation to the DVTA whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the DVTA.

    (2) The Parliamentary Commissioner for Administration for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.

Enforceability of rights and transfer of liabilities of the Special Health Authorities
     6. —(1) Any right that was, immediately before 1st April 2006, enforceable by or against the former bodies shall, on or after that date, be enforceable by or against the NHS BSA.

    (2) All liabilities of the former bodies shall on 1st April 2006 be transferred to the NHS BSA.

Transfer of property from the Special Health Authorities
     7. All property of the former bodies is transferred to the NHS BSA on 1st April 2006.

Transfer of officers of the Special Health Authorities
     8. —(1) This paragraph applies in relation to an officer of the former bodies who on 31st March 2006 is wholly or mainly engaged in the performance of the functions of one of those bodies.

    (2) Any officer to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS BSA.

    (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 NHS BSA.

    (4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of a former body 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 NHS BSA; and

(b) anything done before the date of the transfer by or in relation to the former body in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NHS BSA.

    (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 has objected to the transfer to the NHS BSA and had informed the CFSMS, the DVTA, the NHSL or the PPA (as the case may be), of that objection by 31st March 2006.

    (6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with that former body 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 former 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.

Provision for continuity in the exercise of functions
     9. —(1) Anything done on or before 31st March 2006 by or in relation to the former bodies shall be deemed to have been done by or in relation to the NHS BSA.

    (2) Any appeal or other matter which on 31st March 2006 was being considered by the former bodies shall be considered by the NHS BSA in accordance with any directions made by the Secretary of State.

    (3) The matters falling within paragraphs (1) and (2) include any investigation for the purposes of, and the prosecution of, any criminal proceedings.

Winding up of affairs of the Special Health Authorities
     10. It shall be the duty of the NHS BSA to take such action as may be necessary for the winding up of the affairs of the former bodies including the preparation of the outstanding accounts of the former bodies and the performance of all statutory duties relating to those accounts.



Signed by authority of the Secretary for Health


Liam Byrne
Parliamentary Under Secretary of State, Department of Health

8th March 2006

(a) in the definition of "the NHS Counter Fraud and Security Management Service" after "Order 2002" add ",which was replaced on 1st April 2006 by the NHS Business Services Authority"; and

(b) at the appropriate alphabetical place there is inserted—

" "the NHS Business Services Authority" means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005;".

    (3) In the following provisions after "the NHS Counter Fraud and Security Management Service" insert “ or the NHS Business Services Authority “—

(a) regulation 7A(1)(d) (grounds for refusal), and

(b) Schedule 1 (terms of service), in paragraphs 6A (4) (i) and (5A) (k).

    (4) In the following provisions for "the NHS Counter Fraud and Security Management Service" substitute "the NHS Business Services Authority"—

(a) regulation 7(1B)(b)(application for inclusion in ophthalmic list and notification);

(b) regulation 7B(1)(h) (deferment of decision);

(c) regulation 7D(15)(h) (conditional inclusion); and

(d) regulation 9D(2)(h) (notifications by Primary Care Trust).

The National Health Service Trusts (Membership and Procedure) Regulations 1990

     2. In regulation 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990[17] (disqualification for appointment of chairman and non-executive directors) paragraph (d) is omitted.

(a) the definition of "Prescription Pricing Authority" is omitted; and

(b) at the appropriate place there is inserted—

" "the NHS Business Services Authority" means the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005".

    (3) In regulation 2(3) (basic price of drugs, medicines and listed appliances), for "the Prescription Pricing Authority" substitute "the NHS Business Services Authority".

(a) in Note 13 (warning and declaration); and

(b) in Note 14 (NHS help with health costs).

The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002

     7. In the Schedule to the Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002 [22](consequential amendments to secondary legislation),paragraph 6 (Prescription Pricing Authority Constitution Order1990), is omitted.

(a) in paragraph (l) of the entry relating to section 42(2)(c);and

(b) in paragraph (k) of the entry relating to section 378(1)(b) in relation to England and Wales.

    (3) For the following provisions substitute "the Counter Fraud and Security Management Services division of the NHS Business Services Authority and is not below the grade of Agenda for Change pay band 8b"—

(a) paragraph (i) of the entry relating to section 68(3)(c) ; and

(b) paragraph (j) of the entry relating to section 378(2)(d) in relation to England and Wales.

The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003

     12. In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003[27] "Counter Fraud and Security Management Service", "Dental Vocational Training Authority", "NHS Logistics Authority" and "Prescription Pricing Authority" are omitted.

(a) in column (1) (additional public authorities specified for the purposes of section 25(1)of the 2000 Act), for "NHS Counter Fraud and Security Management Service" substitute "NHS Business Services Authority"; and

(b) in column (2)(prescribed offices etc. (all authorisations/notices relating to communications data falling within sections 21(4)(b) and (c))), for "Senior Manager (Senior Manager Pay Range 14)", substitute "Senior Manager (not below the grade of Agenda for Change pay band 8b) in the Counter Fraud and Security Management Services division of the NHS Business Services Authority".

The National Health Service (Performers Lists) Regulations 2004

     15. —(1) The National Health Service (Performers Lists) Regulations 2004[30]are amended as follows—

    (2) In regulation 2(1)(interpretation)—

(a) in the definition of "the NHS Counter Fraud and Security Management Service" after "Order 2002" add ",which was replaced on 1st April 2006 by the NHS Business Services Authority";

(b) at the appropriate alphabetical place there is inserted—

" "the NHS Business Services Authority" means the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005".

    (3) In the following provisions after "the NHS Counter Fraud and Security Management Service" insert “ or the NHS Business Services Authority “—

(a) regulation 4 (application for inclusion in a performers list) in paragraphs (4)(j) and (5)(f);

(b) regulation 6 (1)(c)(decisions and grounds for refusal);and

(c) regulation 9(1)(k)(requirements with which a performer in a performers list must comply).

    (4) In the following provisions for "the NHS Counter Fraud and Security Management Service" substitute "the NHS Business Services Authority"—

(a) regulation 6 (3)(b)(decisions and grounds for refusal);

(b) regulation 7(1) (h) (deferment of decision on application);

(c) regulation 16(2)(h)(notification); and

(d) regulation 20(1)(j) (disclosure of information).

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provisions) (NHS Foundation Trusts) Order 2004

     16. —(1) The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provisions) (NHS Foundation Trusts) Order 2004[31] is amended as follows.

    (2) In article 1(citation and commencement), paragraph 2(b) is omitted.

    (3) In Schedule 1 (amendments supplementary and consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003), paragraph 45 (Counter Fraud and Security Management Service Regulations 2002), is omitted.

    (4) In the following provisions the entry relating to the Counter Fraud and Security Management Service Regulations 2002 is omitted—

(a) in the table in Schedule 5 (enactments where for “or NHS trust “there is substituted ",NHS trusts or NHS Foundation trust");

(b) in the table in Schedule 12 (enactments where after "director" there is inserted "or governor");and

(c) in the table in Schedule 16 (enactments where there is inserted in the appropriate alphabetical position "Independent Regulator of NHS Foundation trusts" means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003”).

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

     17. —(1) The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004[32] is amended as follows.

    (2) In article 90 paragraph (3)(a)(v)(saving and transitory provision in relation to regulations 1 to 11 of the Out of Hours Regulations), the definition of "the CFSMS" is omitted.

    (3) In Schedule 1 (minor and consequential amendments),—

(a) paragraph 6; and

(b) paragraph 34

are omitted.

(a) in the definition of "the NHS Counter Fraud and Security Management Service" after "Order 2002" add ",which was replaced on 1st April 2006 by the NHS Business Services Authority"; and

(b) at the appropriate alphabetical place there is inserted—

" "the NHS Business Services Authority" means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005".

    (3) In the following provisions after "the NHS Counter Fraud and Security Management Service" insert "or the NHS Business Services Authority"—

(a) regulation 4 (application for inclusion in the supplementary list), in paragraphs (4) (j) and (5)(f);

(b) regulation 6(1)(d) (decisions and grounds for refusal); and

(c) regulation 9(1)(k) (requirements with which an ophthalmic medical practitioner or optician in the supplementary list must comply).

    (4) In the following provisions for "the NHS Counter Fraud and Security Management Service" substitute "the NHS Business Services Authority"—

(a) regulation 6 (3)(b)(decisions and grounds for refusal);

(b) regulation 7(1) (h) (deferment of decision on application);

(c) regulation 16(2)(h)(notification); and

(d) regulation 20(1)(i) (disclosure of information).

The Opticians Act 1989(Amendment) Order 2005

     23. In Schedule 1 to the Opticians Act 1989 (Amendment Order) 2005 [38] (minor and consequential amendments), paragraph 23 (the Prescription Pricing Constitution Order 1990 ), is omitted.

[2] S.I 2002/3039.back

[3] S.I. 1993/2211.back

[4] S.I.2005/2414 amended by S.I.2006/632.back

[5] S.I. 1991/2001 as amended by S.I. 2002/603.back

[6] S.I 1974/9 (now revoked); see articles 3 and 6 of S.I. 1978/331 (now revoked) and S.I. 1990/1718.back

[7] 1993 c.46.back

[8] 1967 c.13.back

[9] S.I. 1990/1718.back

[10] S.I. 1990/1719.back

[11] S.I. 1991/2002 .back

[12] S.I. 1993/2210.back

[13] S.I. 1995/2457.back

[14] S.I. 2000/603.back

[15] S.I. 2002/3040.back

[16] S.I. 1986/975back

[17] S.I. 1990/2024.back

[18] S.I. 1996/707 relevant amending instruments are S.I. 1997/2991 and S.I. 2000/603.back

[19] S.I. 1996/708.back

[20] S.I. 1997/980.back

[21] S.I. 2000/704.back

[22] S.I. 2002/881.back

[23] S.I. 2002/2375.back

[24] S.I. 2002/2469.back

[25] S.I. 2002/2861.back

[26] S.I.2003/172.back

[27] S.I. 2003/1324.back

[28] S.I. 2003/3171.back

[29] S.I. 2003/3172.back

[30] S.I. 2004/585.back

[31] S.I. 2004/696.back

[32] S.I. 2004/865.back

[33] S.I 2004/1119.back

[34] S.I 2004/1771.back

[35] S.I. 2005/249.back

[36] S.I. 2005/251.back

[37] S.I. 2005/480.back

[38] S.I. 2005/848.back

 © Crown copyright 2006