The National Health Service Trust Development Authority (Directions and Miscellaneous Amendments etc.) Regulations 2016

Made: 22nd February 2016

Laid before Parliament: 29th February 2016

Coming into force: 1st April 2016

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PART 1 — GENERAL PROVISIONS

Citation, commencement and interpretation

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PART 2 — DIRECTIONS TO THE AUTHORITY RELATING TO THE BOARD’S SAFETY OF SERVICES FUNCTIONS

Directions to the Authority relating to the Board’s safety of services functions

2

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PART 3 — AMENDMENTS TO THE ESTABLISHMENT ORDER

Amendment of article 1 of the Establishment Order

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Substitution of article 4 of the Establishment Order

4

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Transfer of property

5

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Transfer of staff

6

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PART 4 — AMENDMENTS TO THE NATIONAL HEALTH SERVICE TRUST DEVELOPMENT AUTHORITY REGULATIONS 2012

Amendment of the National Health Service Trust Development Authority Regulations 2012

7

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PART 5 — Continuity and Supplementary Provisions

Continuity and supplementary provisions

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Signed

Signed by authority of the Secretary of State for Health.

Prior — Parliamentary Under-Secretary of State, — Department of Health — 2016-02-22

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision directing the National Health Service Trust Development Authority (“the Authority”) to exercise safety functions, amends the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 (S.I. 2012/901) (“the Order”) and the National Health Service Trust Development Authority Regulations 2012 (S.I. 2012/922) (“the 2012 Regulations”).

Part 2 of these Regulations makes provision relating to the exercise of the safety functions of the National Health Service Commissioning Board (“the Board”). Regulation 2(1) specifies the safety functions which the Authority is to exercise. Regulation 2(2) directs the Authority to exercise the safety functions of the Board with a view to securing and improving the safety of services provided by the health service.

Part 3 amends the Order. Regulation 4 substitutes a new article 4 (constitution of the Authority) to enable the Authority to consist of at least 5 non-officers members and a number of officer members which must be less than the number of non-officers members. Regulations 5 and 6 respectively make provision in respect of the transfer of property and staff in connection with the directions to the Authority to exercise the Board’s safety functions. Regulation 3 inserts new definitions into article 1 of the Order as a consequence of the provisions in regulation 5 and 6.

Part 4 amends the 2012 Regulations. Regulation 7(3) removes the disqualification provision which applies to prevent a person who is a member contributing to an NHS Pension Schemes made under the Superannuation Act 1972 from being a non-officer member of the Authority. Regulation 7(2) makes consequential amendments in respect of the removal of the disqualification provision. Regulation 7(4) provides that the Authority’s arrangements in exercising its functions may include entering into collaborative arrangements with Monitor.

Part 5 makes continuity and supplementary provisions in respect of the Authority exercising the safety functions of the Board from 1st April 2016 and the transfer of staff and property on that date.

An impact assessment has not been produced for this instrument as no significant cost impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2006 c.41. The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England by virtue of section 271(1) of the National Health Service Act 2006 (“the 2006 Act”). By virtue of section 273(4)(zi) a direction under section 7 of the 2006 Act about a function of a person other than the Secretary of State must be given by regulations. Section 7 was amended by section 21 of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Paragraph 5 of Schedule 6 was amended by section 19 of, and paragraph 11 of Schedule 3 to, the Health Act 2009 (c.21).

[^f00002]: Section 7(1B) was inserted by section 21(1) and (2) of the 2012 Act.

[^f00003]: The National Health Service Commissioning Board (known as “NHS England”) was established by section 1H of the 2006 Act. Section 1H is inserted into the 2006 Act by section 9(1) of the 2012 Act.

[^f00004]: S.I. 2012/901, amended by S.I. 2013/235 and 260.

[^f00005]: The National Health Service Trust Development Authority is established by the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012, S.I. 2012/901, amended by S.I. 2013/235 and 260.

[^f00006]: Section 13R is inserted into the National Health Service Act 2006 by section 23(1) of the 2012 Act.

[^f00007]: The Imperial College Healthcare National Health Service Trust is established by S.I. 2007/2755, amended by S.I. 2012/755 and 2013/593.

[^f00008]: S.I. 2012/922; relevant amending instruments are S.I. 2012/1641, 2013/235, 2015/137 and 2015/1559.

[^f00009]: Monitor is the body which is continued in existence by section 61(1) of the 2012 Act.

Editorial notes