The Health Protection Agency Act 2004 (National Radiological Protection Board and Health Protection Agency Special Health Authority (Yr Asiantaeth Diogelu Iechyd)) (Consequential Provisions) Order 2005

• Citation: S.I. 2005/525
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Health Protection Agency Act 2004 (National Radiological Protection Board and Health Protection Agency Special Health Authority (Yr Asiantaeth Diogelu Iechyd)) (Consequential Provisions) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order—

“ the Act ” means the Health Protection Agency Act 2004;

“the HPA SHA ” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd), a special health authority established by article 2 of the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 ;

“the NRPB ” means the National Radiological Protection Board established by section 1(1) of the Radiological Protection Act 1970 .

Section 2 NRPB and HPA SHA – accounts

(1) The Agency must prepare annual accounts in respect of the year beginning on 1st April 2004 and ending on 31st March 2005 in such form as the Secretary of State, with the approval of the Treasury, may direct—

(a) of the NRPB; and

(b) of the HPA SHA.

(2) The Agency must send copies of each of those annual accounts on or before 31st October 2005 to the Comptroller and Auditor General.

(3) The Comptroller and Auditor General must examine, certify and report on each of those annual accounts.

(4) The Agency must lay copies of each of those annual accounts and of each of the reports of the Comptroller and Auditor General before each House of Parliament.

(5) The Agency must send each of those annual accounts to the Secretary of State.

Section 3 NRPB and HPA SHA - consequential amendments

The enactments specified in the Schedule are amended as specified there.

Section 4 HPA SHA - revocation

The Health Service Commissioner for England (Health Protection Agency (Yr Asiantaeth Diogelu Iechyd)) Order 2003 is revoked.

Section 1

In regulation 1(2) of the Family Health Services Authorities (Membership and Procedure) Regulations 1990 (citation, commencement and interpretation), in the definition of “health service body”, omit “(f) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970;” and add at the end of the definition, “(g) the Health Protection Agency;”.

Section 2

In Part 1 of the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 , in regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, omit “(f) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970; and”, and add at the end of the definition “and (h) the Health Protection Agency;”.

Section 3

In Part 1 of the National Health Service Trusts (Membership and Procedure) Regulations 1990 , in regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, omit “(g) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970;” and add at the end of the definition, “(i) the Health Protection Agency;”.

Section 4

In Part 1 of the Health Authorities (Membership and Procedure) Regulations 1996 , in regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, omit “(e) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970; and” and add to the end of the definition, “and (g) the Health Protection Agency ;”.

Section 5

In regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (citation, commencement and interpretation), in the definition of “health service body”, omit “(e) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970;” and add at the end of the definition, “(h) the Health Protection Agency;”.

Section 6

In the Radioactive Material (Road Transport) Regulations 2002 —

(a) for regulation 68(2)(d) (duties of consignor and carrier with regard to the preparation of emergency arrangements) substitute “(d) levels of radiation dose applicable in an emergency specified by the Health Protection Agency (“ HPA ”) pursuant to its functions under section 3(1) of the Health Protection Agency Act 2004.”;

(b) after regulation 68(2) insert as a new paragraph “(2A) Until the HPA specifies levels of radiation dose applicable in an emergency, the emergency arrangements referred to at paragraph (1) shall be prepared having regard to the Emergency Reference Levels specified by the former National Radiological Protection Board pursuant to a direction under section 1(7) of the Radiological Protection Act 1970.”.

Section 7

In regulation 5(4) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (disqualification for appointment), omit “(f) the National Radiological Protection Board;” and add at the end of the paragraph “(j) the Health Protection Agency.”.

Section 8

In the Schedule to the Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003 omit “Health Protection Agency”.

Section 9

In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 omit “Health Protection Agency”.

Section 10

In the Justification of Practices Involving Ionising Radiation Regulations 2004 —

(a) in regulation 18(1)(a)(iii) (consultation), for “the National Radiological Protection Board”, substitute “the Health Protection Agency”; and

(b) in regulation 22(3)(d) (contravention notices), for “the National Radiological Protection Board” substitute “the Health Protection Agency”.