The National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005

• Citation: S.I. 2005/1445
• Sections: 3

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005 and shall come into force on 1st July 2005.

(2) This Order applies in relation to England.

(3) In this Order “the principal Order ” means the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 .

Section 2 Amendment of article 1 of the principal Order

In article 1 of the principal Order, for paragraph (2) substitute—

(2) In this Order—

“the Authority” means the National Health Service Litigation Authority established by this Order; and

“ NHS body” means a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust and a Primary Care Trust.

Section 3 Amendment of article 3 of the principal Order

For article 3 of the principal Order substitute —

Functions of the Authority

(3) 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 in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 (scheme for meeting liabilities of health service bodies);

(b) such of her appellate and other functions in connection with the decisions and functions of Primary Care Trusts;

(c) such of her functions in connection with advice about and assistance with litigation or potential litigation which involves an NHS body; and

(d) such other functions,

as the Secretary of State may direct.