The Family Health Services Appeal Authority (Establishment and Constitution) Order 1995

• Citation: S.I. 1995/621
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 and shall come into force on 1st April 1995.

(2) In this Order–

“the Authority” means the Family Health Services Appeal Authority established by this Order;

“the Regional Health Authority” means the Northern and Yorkshire Regional Health Authority .

Section 2 Establishment of the Family Health Services Appeal Authority

There is hereby established a special health authority which shall be known as the Family Health Services Appeal Authority.

Section 3 Functions of the Authority

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 such of her appellate and other functions in connection with decisions and functions of Family Health Services Authorities, and such other functions, as the Secretary of State may direct the Authority to perform on her behalf.

Section 4 Constitution of the Authority

The Authority shall consist of–

(a) the chairman;

(b) not more than three 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.

Section 5 Transfer of staff

Any officer of the Regional Health Authority who was, immediately before the date upon which this Order comes into force, employed by that Authority in its Family Health Services Appeal Unit (except the person who was immediately before that date acting as the Director of that unit) 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 Regional Health Authority shall be modified so as to substitute the Authority as the employer in place of the Regional Health Authority.

Section 6 Enforceability of rights

Any right which was, immediately before 1st April 1995, enforceable by or against the Regional Health Authority as respects the exercise of its functions under the National Health Service (Appellate and Other Functions) Regulations 1992 shall on or after that date be enforceable by or against the Authority.

Section 7 Remuneration of members

The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).