Statutory Instrument 2005 No. 2028

The National Health Service Appointments Commission (Establishment and Constitution) (Amendment) Order 2005

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2005 No. 2028

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service Appointments Commission (Establishment and Constitution) (Amendment) Order 2005

	Made	13th July 2005
	Laid before Parliament	27th July 2005
	Coming into force	1st September 2005

The Secretary of State for Health, in exercise of the powers conferred upon her by sections 11(1) and 126(3) of the National Health Service Act 1977[1] and of all other powers enabling her in that behalf hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1) This Order may be cited as the National Health Service Appointments Commission (Establishment and Constitution) (Amendment) Order 2005 and shall come into force on 1^s^t September 2005.

    (2) This Order applies in relation to England.

    (3) In this Order "the principal Order" means the National Health Service Appointments Commission (Establishment and Constitution) Order 2001[2].

Amendment of article 3 of the principal Order
    2.In article 3 of the principal Order (functions of the commission), after sub-paragraph (v), insert the following—

Signed by authority of the Secretary of State for Health

Warner
Minister of State, Department of Health

13th July 2005

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the National Health Service Appointments Commission (Establishment and Constitution) Order 2001 to give the Commission the additional function of appointing trustees to NHS foundation trusts.

Notes:

[1] 1977 c.49. Section 11(1) was substituted by section 65(1) 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) and by section 41(10) of, and paragraphs 3 and 27 of Part I of Schedule 1 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 the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as amended by section 66(5) of the 1999 Act.back

[2] S.I. 2001/793.back

ISBN 0 11 073152 2

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