The NHSU Abolition Order 2005

• Citation: S.I. 2005/1781
• Sections: 11

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the NHSU Abolition Order 2005 and shall come into force on 1 st August 2005.

(2) This Order applies in relation to England.

(3) In this Order—

“the NHSU” means the Special Health Authority known as NHSU established by the NHSU (Establishment and Constitution) Order 2003 ; and

“the Institute” means the NHS Institute for Innovation and Improvement established by the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 ;

Section 2 Abolition of NHSU

The NHSU is abolished and accordingly the NHSU (Establishment and Constitution) Order 2003 and the NHSU Regulations 2003 are revoked.

Section 3 Consequential amendment of Orders and Regulations

The amendments in the Schedule are made in consequence of the abolition of the NHSU.

Section 4 Investigation of complaints by the Health Service Commissioner

(1) A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the NHSU, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding its abolition.

(2) The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.

Section 5 Enforceability of rights and transfer of liabilities of the NHSU

(1) Any right which, immediately before 1 st August 2005, was enforceable by or against the NHSU shall, on or after that date, be enforceable by or against the Institute.

(2) All liabilities of the NHSU are transferred to the Institute on 1 st August 2005.

Section 6 Transfer of property from the NHSU

All property of the NHSU is transferred to the Institute on 1 st August 2005.

Section 7 Transfer of officers of the NHSU

(1) This paragraph applies in relation to an officer of the NHSU who on 31st July 2005 is wholly or mainly engaged in the performance of the functions of the NHSU.

(2) Any officer to whom paragraph (1) applies shall, on 1 st August 2005, be transferred to the employment of the Institute.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a) is not terminated by the transfer; and

(b) has effect from the time of the transfer as if originally made between the officer and the Institute.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the NHSU, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Institute; and

(b) anything done before the date of the transfer by or in relation to the NHSU, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.

(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 has objected to the transfer to the Institute and has informed the NHSU of that objection by 31 st July 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSU shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the NHSU.

(7) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.

Section 8 Winding up of affairs of the NHSU

It shall be the duty of the Institute to take such action as may be necessary for the winding up of the affairs of the NHSU, including the preparation of the outstanding accounts of the NHSU and the performance of all statutory duties relating to those accounts.

Section 1

In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) delete “NHSU”.

Section 2

Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) delete “NHSU”.

Section 3

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation) delete the reference to “NHSU”.