The Special Health Authorities Abolition Order 2006

• Citation: S.I. 2006/635
• Sections: 33

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Special Health Authorities Abolition Order 2006 and shall come into force on 1st April 2006.

(2) In this Order—

“the CFSMS ” means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 ;

“the DVTA ” means the Dental Vocational Training Authority established by the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993 ;

“the former bodies” shall be construed in accordance with article 2;

“the NHS BSA ” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;

“the NHSL ” means the National Health Service Logistics Authority established by the National Health Service Logistics Authority (Establishment and Constitution) Order 1991 ;and

“the PPA ” means the Prescription Pricing Authority established by the Prescription Pricing Authority (Establishment and Constitution) Order 1974 .

Section 2 Abolition of Special Health Authorities

The CFSMS, the DVTA, the NHSL and the PPA (in this Order referred to as “the former bodies”), are abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.

Section 3 Consequential Amendment of Orders and Regulations

The amendments in Schedule 2 are made in consequence of the abolition of the former bodies.

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 CFSMS or the NHSL, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of those Special Health Authorities.

(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 Investigation of complaints by the Parliamentary Commissioner

(1) A complaint made under the Parliamentary Commissioner Act 1967 to the Parliamentary Commissioner for Administration in relation to the DVTA whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the DVTA.

(2) The Parliamentary Commissioner for Administration 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 6 Enforceability of rights and transfer of liabilities of the Special Health Authorities

(1) Any right that was, immediately before 1st April 2006, enforceable by or against the former bodies shall, on or after that date, be enforceable by or against the NHS BSA.

(2) All liabilities of the former bodies shall on 1st April 2006 be transferred to the NHS BSA.

Section 7 Transfer of property from the Special Health Authorities

All property of the former bodies is transferred to the NHS BSA on 1st April 2006.

Section 8 Transfer of officers of the Special Health Authorities

(1) This paragraph applies in relation to an officer of the former bodies who on 31st March 2006 is wholly or mainly engaged in the performance of the functions of one of those bodies.

(2) Any officer to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS BSA.

(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 NHS BSA.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of a former body 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 NHS BSA; and

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

(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 NHS BSA and had informed the CFSMS, the DVTA, the NHSL or the PPA (as the case may be), of that objection by 31st March 2006.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with that former body 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 that former body.

(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 9 Provision for continuity in the exercise of functions

(1) Anything done on or before 31st March 2006 by or in relation to the former bodies shall be deemed to have been done by or in relation to the NHS BSA.

(2) Any appeal or other matter which on 31st March 2006 was being considered by the former bodies shall be considered by the NHS BSA in accordance with any directions made by the Secretary of State.

(3) The matters falling within paragraphs (1) and (2) include any investigation for the purposes of, and the prosecution of, any criminal proceedings.

Section 10 Winding up of affairs of the Special Health Authorities

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

Section 1

(1) The National Health Service (General Ophthalmic Services) Regulations 1986 are amended as follows.

(2) In regulation 2(1)(interpretation)—

(a) in the definition of “the NHS Counter Fraud and Security Management Service” after “Order 2002” add “,which was replaced on 1st April 2006 by the NHS Business Services Authority”; and

(b) at the appropriate alphabetical place there is inserted—

“the NHS Business Services Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005;

(3) In the following provisions after “the NHS Counter Fraud and Security Management Service” insert “ or the NHS Business Services Authority “—

(a) regulation 7A(1)(d) (grounds for refusal), and

(b) Schedule 1 (terms of service), in paragraphs 6A (4) (i) and (5A) (k).

(4) In the following provisions for “the NHS Counter Fraud and Security Management Service” substitute “the NHS Business Services Authority”—

(a) regulation 7(1B)(b)(application for inclusion in ophthalmic list and notification);

(b) regulation 7B(1)(h) (deferment of decision);

(c) regulation 7D(15)(h) (conditional inclusion); and

(d) regulation 9D(2)(h) (notifications by Primary Care Trust).

Section 2

In regulation 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (disqualification for appointment of chairman and non-executive directors) paragraph (d) is omitted.

Section 3

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)), “National Health Service Logistics Authority” and “Prescription Pricing Authority” are omitted.

Section 4

In regulation 5(6) of the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations1996 (arrangements by Health Authorities and Special Health Authorities for exercise of functions), the words “the Prescription Pricing Authority, the Dental Vocational Training Authority,” are omitted.

Section 5

(1) The National Health Service (Indicative Amounts) Regulations 1997 are amended as follows.

(2) In regulation 1(2)(citation, commencement and interpretation),—

(a) the definition of “Prescription Pricing Authority” is omitted; and

(b) at the appropriate place there is inserted—

“the NHS Business Services Authority” means the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005

(3) In regulation 2(3) (basic price of drugs, medicines and listed appliances), for “the Prescription Pricing Authority” substitute “the NHS Business Services Authority”.

Section 6

In the Schedule to the Asylum Support Regulations 2000 (application form and notes) in the following places for “the Prescription Pricing Authority” each time that it occurs, substitute “the NHS Business Services Authority”—

(a) in Note 13 (warning and declaration); and

(b) in Note 14 (NHS help with health costs).

Section 7

In the Schedule to the Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002 (consequential amendments to secondary legislation),paragraph 6 (Prescription Pricing Authority Constitution Order1990), is omitted.

Section 8

In regulation 10(3) of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002 (arrangements by Primary Care Trusts for exercise of functions),the words after “Commission” to the end are omitted.

Section 9

(1) The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 are amended as follows.

(2) In Schedule 1 (amendments consequential on Part 1 of the National Health Service Reform and Health Care Professions Act 2002), paragraph 48 is omitted.

(3) In Schedule 7 (enactments where for “health authority” ,“district health authority“, “health authorities” or “health authority's” there is substituted “Primary Care Trust”, “Primary Care Trusts” or “Primary Care Trust's”), the entry relating to the Prescription Pricing Authority Constitution Order 1990 is omitted.

Section 10

Regulation 29 of the National Health Service (Local Pharmaceutical Services etc). Regulations 2002 (amendment of the Prescription Pricing Authority Constitution Order 1990) is omitted.

Section 11

(1) The Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 is amended as follows.

(2) In the following provisions for “the Counter Fraud and Security Management Service” substitute “the Counter Fraud and Security Management Services division of the NHS Business Services Authority”—

(a) in paragraph (l) of the entry relating to section 42(2)(c);and

(b) in paragraph (k) of the entry relating to section 378(1)(b) in relation to England and Wales.

(3) For the following provisions substitute “the Counter Fraud and Security Management Services division of the NHS Business Services Authority and is not below the grade of Agenda for Change pay band 8b”—

(a) paragraph (i) of the entry relating to section 68(3)(c) ; and

(b) paragraph (j) of the entry relating to section 378(2)(d) in relation to England and Wales.

Section 12

In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 “Counter Fraud and Security Management Service”, “Dental Vocational Training Authority”, “NHS Logistics Authority” and “Prescription Pricing Authority” are omitted.

Section 13

In Part II of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (prescriptions for public authorities in Part II of Schedule 1 to the 2000 Act that are relevant public authorities for the purposes only of section 28 of the 2000 Act), in column 2 of the entry of prescribed offices in relation to a Special Health Authority, for the entry “Senior Manager (Senior Manager Pay Range 14) in the Counter Fraud and Security Management Service” substitute “Senior Manager (not below the grade of Agenda for Change pay band 8b) in the Counter Fraud and Security Management Services division of the NHS Business Services Authority”.

Section 14

In Schedule 2 Part III to the Regulation of Investigatory Powers (Communications Data)Order 2003 (individuals in further additional public authorities that may only acquire communications data falling within sections 21(4)(b) and (c) of the 2000 Act),in the section relating to NHS bodies—

(a) in column (1) (additional public authorities specified for the purposes of section 25(1)of the 2000 Act), for “NHS Counter Fraud and Security Management Service” substitute “NHS Business Services Authority”; and

(b) in column (2)(prescribed offices etc. (all authorisations/notices relating to communications data falling within sections 21(4)(b) and (c))), for “Senior Manager (Senior Manager Pay Range 14)”, substitute “Senior Manager (not below the grade of Agenda for Change pay band 8b) in the Counter Fraud and Security Management Services division of the NHS Business Services Authority”.

Section 15

(1) The National Health Service (Performers Lists) Regulations 2004 are amended as follows—

(2) In regulation 2(1)(interpretation)—

(a) in the definition of “the NHS Counter Fraud and Security Management Service” after “Order 2002” add “,which was replaced on 1st April 2006 by the NHS Business Services Authority”;

(b) at the appropriate alphabetical place there is inserted—

“the NHS Business Services Authority” means the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005

(3) In the following provisions after “the NHS Counter Fraud and Security Management Service” insert “ or the NHS Business Services Authority “—

(a) regulation 4 (application for inclusion in a performers list) in paragraphs (4)(j) and (5)(f);

(b) regulation 6 (1)(c)(decisions and grounds for refusal);and

(c) regulation 9(1)(k)(requirements with which a performer in a performers list must comply).

(4) In the following provisions for “the NHS Counter Fraud and Security Management Service” substitute “the NHS Business Services Authority”—

(a) regulation 6 (3)(b)(decisions and grounds for refusal);

(b) regulation 7(1) (h) (deferment of decision on application);

(c) regulation 16(2)(h)(notification); and

(d) regulation 20(1)(j) (disclosure of information).

Section 16

(1) The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provisions) (NHS Foundation Trusts) Order 2004 is amended as follows.

(2) In article 1(citation and commencement), paragraph 2(b) is omitted.

(3) In Schedule 1 (amendments supplementary and consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003), paragraph 45 (Counter Fraud and Security Management Service Regulations 2002), is omitted.

(4) In the following provisions the entry relating to the Counter Fraud and Security Management Service Regulations 2002 is omitted—

(a) in the table in Schedule 5 (enactments where for “or NHS trust “there is substituted “,NHS trusts or NHS Foundation trust”);

(b) in the table in Schedule 12 (enactments where after “director” there is inserted “or governor”);and

(c) in the table in Schedule 16 (enactments where there is inserted in the appropriate alphabetical position “Independent Regulator of NHS Foundation trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003”).

Section 17

(1) The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 is amended as follows.

(2) In article 90 paragraph (3)(a)(v)(saving and transitory provision in relation to regulations 1 to 11 of the Out of Hours Regulations), the definition of “the CFSMS” is omitted.

(3) In Schedule 1 (minor and consequential amendments),—

(a) paragraph 6; and

(b) paragraph 34

are omitted.

Section 18

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2004 (Special Health Authorities designated as subject to investigation), “National Health Service Logistics Authority” is omitted.

Section 19

In Part 2 of the Schedule to the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (consequential amendments to secondary legislation), paragraph 49 (Prescription Pricing Order 1990) is omitted.

Section 20

(1) The Parliamentary Commissioner Order 2005 is amended as follows.

(2) In Schedule 1 (Schedule substituted for Schedule 2 to the Parliamentary Commissioner Act 1967), “Dental Vocational Training Authority” is omitted.

(3) In Schedule 2 (Schedule substituted for Schedule 4 to the Parliamentary Commissioner Act 1967), “Dental Vocational Training Authority Appeal Body established under Regulation 5B of the National Health Service (General Dental Services)Regulations 1992” is omitted.

Section 21

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation), “Counter Fraud and Security Management Service” is omitted.

Section 22

(1) The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations are amended as follows.

(2) In regulation 2(1)(interpretation)—

(a) in the definition of “the NHS Counter Fraud and Security Management Service” after “Order 2002” add “,which was replaced on 1st April 2006 by the NHS Business Services Authority”; and

(b) at the appropriate alphabetical place there is inserted—

“the NHS Business Services Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority(Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution)Order 2005

(3) In the following provisions after “the NHS Counter Fraud and Security Management Service” insert “or the NHS Business Services Authority”—

(a) regulation 4 (application for inclusion in the supplementary list), in paragraphs (4) (j) and (5)(f);

(b) regulation 6(1)(d) (decisions and grounds for refusal); and

(c) regulation 9(1)(k) (requirements with which an ophthalmic medical practitioner or optician in the supplementary list must comply).

(4) In the following provisions for “the NHS Counter Fraud and Security Management Service” substitute “the NHS Business Services Authority”—

(a) regulation 6 (3)(b)(decisions and grounds for refusal);

(b) regulation 7(1) (h) (deferment of decision on application);

(c) regulation 16(2)(h)(notification); and

(d) regulation 20(1)(i) (disclosure of information).

Section 23

In Schedule 1 to the Opticians Act 1989 (Amendment Order) 2005 (minor and consequential amendments), paragraph 23 (the Prescription Pricing Constitution Order 1990 ), is omitted.