The Microbiological Research Authority (Establishment and Constitution) Order 1994

• Citation: S.I. 1994/603
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Microbiological Research Authority (Establishment and Constitution) Order 1994 and shall come into force on 1st April 1994.

(2) In this Order—

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

“the Authority” means the Microbiological Research Authority established by this Order;

“the Board” means the Public Health Laboratory Service Board constituted in accordance with section 5(5) of, and Part I of Schedule 3 to, the Act .

Section 2 Establishment of the Microbiological Research Authority

There is hereby established a special health authority which shall be known as the Microbiological Research Authority.

Section 3 Functions of the Authority

(1) Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform on behalf of the Secretary of State —

(a) such of her functions with respect to the powers conferred by section 5(2)(c) of the Act as are specified in paragraph (2) of this article;

(b) such other of those functions as she may direct the Authority to perform on her behalf; and

(c) her functions under section 5(2A) so far as they relate to the functions mentioned in sub-paragraphs (a) and (b) of this paragraph.

(2) The functions referred to in paragraph (1) of this article are—

(a) to provide such advice and assistance as may be required by bodies exercising functions on behalf of the Crown for the protection of persons against microbiological hazards;

(b) to conduct research and development with a view to maintaining and enhancing technological capacity to provide that advice and assistance.

Section 4 Constitution of the Authority

(1) The Authority shall consist of—

(a) the Chairman;

(b) not less than five nor more than ten other members who are not officers of the Authority;

(c) the chief officer of the Authority; and

(d) not more than two other members who are officers of the Authority.

(2) The members mentioned in paragraph (1)(b) above shall include not less than two persons with experience in industry.

Section 5 Transfer of staff

Any officer of the Board who was, immediately before 1st April 1994, employed at its Centre for Applied Microbiology and Research, Porton Down, Salisbury, Wiltshire SP4 0JG shall, on the date of the coming into force of this Order, be transferred to the Authority, and the contract of employment between each such officer and the Board shall be modified so as to substitute the Authority as the employer in the place of the Board.

Section 6 Enforceability of rights

Any right which was, immediately before 1st April 1994, enforceable by or against the Board as respects the exercise of its functions in connection with the Centre for Applied Microbiology and Research shall on or after that date be enforceable by or against the Authority instead of the Board.

Section 7 Remuneration 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 purposes of paying remuneration to members of health authorities).