Made | 10th March 2004 | ||
Laid before Parliament | 10th March 2004 | ||
Coming into force | 1st April 2004 |
Establishment of the Agency
2.
There is hereby established a Special Health Authority which shall be known -
Functions of the Agency
3.
Subject to and in accordance with such directions as the appropriate authority may give to the Agency[6], the Agency shall perform such functions in connection with -
as the appropriate authority may direct.
Constitution of the Agency
4.
The Agency shall consist of -
Remuneration of members
5.
The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of "relevant authority" for the purposes of paying remuneration to members of certain Special Health Authorities).
Public meetings
6.
The Public Bodies (Admission to Meetings) Act 1960[8] shall apply to the Agency.
Enforceability of rights and transfer of liabilities
7.
- (1) Any right that was, immediately before 1st April 2004, enforceable by or against Cumbria and Lancashire Strategic Health Authority in respect of the 1997 and the 1999 Directions is transferred to the Agency and therefore shall, on or after that date, be enforceable by or against the Agency.
(2) All liabilities of Cumbria and Lancashire Strategic Health Authority relating to the exercise of those functions it was directed to exercise under the 1997 and the 1999 Directions shall on 1st April 2004 be transferred to the Agency and are therefore enforceable against it.
(3) Any right that was, immediately before 1st April 2004, enforceable by or against Blackpool, Fylde and Wyre Hospitals National Health Service Trust[9] in respect of the 1997 Agreement shall on 1st April 2004 be transferred to the Agency and be enforceable by or against the Agency.
(4) All liabilities of Blackpool, Fylde and Wyre Hospitals National Health Service Trust in respect of the 1997 Agreement, shall on 1st April 2004 be transferred to the Agency and are therefore enforceable against it.
Transfer of officers
8.
- (1) This paragraph applies in relation to an officer of Blackpool, Fylde and Wyre Hospitals National Health Service Trust who on 31st March 2004 is wholly or mainly engaged in the performance of the functions specified in the 1997 Agreement and who was notified in writing on 9th January 2004 that he was to be transferred to the Agency.
(2) Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Agency.
(3) The contract of employment of an officer transferred under paragraph (2) -
(4) Without prejudice to paragraph (3) -
(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 objects to the transfer to the Agency and informs the body from which he would be transferred of that objection by 31st March 2004.
(6) Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred 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 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.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State, Department of Health
10th March 2004
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10]
John Marek
The Presiding Officer of the National Assembly
9th March 2004
[2] The National Health Service Pension Scheme Regulations 1995 S.I.1995/300 as amended by S.I. 1997/80,1888, 1998/666, 2216, 2000/605, 2001/1428, 3649, 2002/561, 2469, 2003/631 and 2322; the National Health Service (Injury Benefits) Regulations 1995 S.I.1995/866 as amended by S.I. 1997/646, 1998/667, 2217, 2000/606, 2002/2469, and 2003/631; the National Health Service (Compensation for Premature Retirement) Regulations 1981 S.I. 1981/1263 as amended by S.I. 1982/226, 1985/39, 1659, 1991/584, 1996/971, 2000/605, 2002/1311; the National Health Service (Compensation for Premature Retirement) Regulations 2002 S.I. 2002/1311 as amended by S.I. 2002/2469 and 2003/631 and the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 S.I.2000/619 as amended by S.I 2001/1428, 3649 and 2002/610.back
[3] The 1997 Directions are to be revoked by Directions to take effect from 1st April 2004.back
[4] See the Health Authorities (Establishment and Abolition)(England) Order 2002./553 for the transfer of functions from the Morecambe Bay Health Authority to Cumbria and Lancashire Health Authority and the Health Authority (Construction of References) Directions 2002 for the change of name to Cumbria and Lancashire Strategic Health Authority. The 1999 Directions are to be revoked by Directions to take effect from 1 April 1st 2004.back
[5] The Blackpool Victoria Hospital National Health Service Trust (Establishment) Order 1993 S.I. 1993/2598.back
[6] See, in particular, sections 16D, 17 and 18 of the National Health Service Act 1977 (c. 49); section 16D was inserted by section 12(1) of the 1999 Act and amended by sections 1(3), 3(1) and (2) of, and paragraphs 1 and 6(a) of Schedule 1 to, the 2002 Act; section 17 was inserted by section 12(1) of the 1999 Act and amended by section 67(1) of, and paragraph 5(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) and section 1(3) of, and paragraphs 1 and 7 of Schedule 1 to, the 2002 Act; section 18 was amended by sections 2(1), 5(1) and 3(8) of, and paragraph 9(b) and (c)(ii) of Schedule 1 and Schedule 3 to, the 1995 Act, section 12(3) and (4) of the 1999 Act and sections 1(3), 3(1), (5)(a) and (b) and 37(2) of, and paragraphs 1 and 9 of Schedule 1 and Part 1 of Schedule 9 to, the 2002 Act.back
[8] 1960 c. 67; see paragraph 1(g) of the Schedule to the Act, which was inserted by paragraph 91 of Schedule 1 to the 1995 Act.back
[9] The Blackpool, Fylde and Wyre Hospitals National Health Service Trust (Establishment) and the Blackpool Victoria Hospital National Health Service Trust (Dissolution) Order 2002 S.I.2002/1243.back