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Statutory Instrument 2004 No. 648The NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 648NATIONAL HEALTH SERVICE, ENGLANDThe NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 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[1], 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: Citation, commencement, application and interpretation 1. - (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 2.After article 5 of the Establishment Order (remuneration of members) add -
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 -
(b) the Heatherwood and Wexham Park Hospitals' National Health Service Trust[3], 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.
(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) -
(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. Insertion of Schedules 1 and 2 in the Establishment Order
(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. Notes: [1]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(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19), paragraph 57 of Schedule 1 to the 1995 Act and section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c. 46). 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, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 for the National Health Service Act 1977 as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) 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.back [2]S.I. 2003/3059.back [3]S.I. 1991/2357.back [4]As amended by S.I. 1994/482 and S.I. 1998/1227.back [5]As amended by S.I. 1994/1269.back [6]As amended by S.I. 2001/1537.back [7]As amended by S.I. 2003/1983.back ISBN0 11 048853 9 -- Back --
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