The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

The Counter Fraud Professional Accreditation Board is a non-statutory regulatory body financed, and run by representatives from, in particular, the Department of Work and Pensions and its agencies, the Department of Health, certain local government bodies, HM Revenue and Customs, and the UK Passport Agency, and hosted by the University of Portsmouth, with the purposes of ensuring the delivery of professional counter fraud training and academic study and that, once qualified, those who are accredited maintain their professional standards.

Section 197 was amended by section 55(1) of, and paragraph 105 of Part 9 of Schedule 4 to, the Health and Social Care Act 2012.

“Personal records” for these purposes is defined in section 210(1) of the National Health Service Act 2006.

Subsection (2) was amended, and subsection (5A) was inserted, by section 55(1) of and paragraph 104 of Part 9 of Schedule 4 to, the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”). See also amendment made to the definition “NHS body” in section 275(1) of the NHS Act by section 55(1) of, and paragraph 138 of Part 12 of Schedule 4 to, the 2012 Act.

1998 c. 41. Chapters 1, 2 and 3 of Part 1 have been amended by section 70 of, and Schedule 2 to, the Criminal Justice and Police Act 2001 (c. 16); section 40 of, and Sched 9 to, the Constitutional Reform Act 2005 (c. 4); sections 198, 203, 207 and 278 of, and Schedules 25 and 26 to, the Enterprise Act 2002 (c. 40); by SI 2004/1261; by SI 2011/1043; by SI 2012/1809; by sections 26(3), 39 to 42, 44, 45 and 57 of, and Schedules 5, 13 and 15 to, the Enterprise and Regulatory Reform Act 2013 (c. 24).

Section 46 was amended by section 21 of, and paragraphs 1 and 2 of Schedule 5 to, the Enterprise Act 2002 (c. 40); by regulation 4 of, and Schedule 1 to, SI 2004/1261; by article 3(1) of, and Part 1 of the Schedule to, SI 2012/1809; by section 26(3) of, and paragraphs 1 and 26 of Part 1 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013 (c. 24). Section 49 was amended by section 21 of, and paragraphs 1 and 4 of Schedule 5 to, the Enterprise Act 2002; by section 81 of, and paragraphs 1 and 9 of Schedule 8 to, the Consumer Rights Act 2015 (c. 15), and by regulation 3 of, and Schedule 2 to, SI 2017/385.

1986 c. 45.

Schedule 4A to the Insolvency Act 1986 was inserted by section 257(2) of, and Schedule 20 to, the Enterprise Act 2002 (c.40), and amended by section 71(3) of, and paragraph 63 of Schedule 19 to, the Enterprise and Regulatory Reform Act 2013, and by section 135(2) of the Small Business, Enterprise and Employment Act 2013 (c. 26). By virtue of paragraph 8 of Schedule 4A to the Insolvency Act 1986, the reference to a person subject to a bankruptcy restrictions order includes a reference to a person in respect of whom a bankruptcy restrictions undertaking has effect under that Schedule.

Schedule 4ZB to the Insolvency Act 1986 was inserted by section 108(2) of and Schedule 19 to the Tribunals, Courts and Enforcement Act 2007 (c. 15). By virtue of paragraph 8 of Schedule 4ZB to the Insolvency Act 1986, the reference to a person subject to a debt relief restrictions order includes a reference to a person in respect of whom a debt relief restrictions undertaking has effect under that Schedule.

Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I. 19)) was inserted by article 13(2) of, and Schedule 5 to, the Insolvency (Northern Ireland) Order 2005 (SI 2005/1455 (N.I. 10)).

2016 asp 21.

1986 (c. 46). See in particular section 1A, inserted by section 6 of the Insolvency Act 2000 (c. 39) and since amended by section 111 of, and paragraphs 1 and 3 of Schedule 7 to, the Small Business, Enterprise and Employment Act 2015 (c. 26).

SI 1986/1032 (N.I. 6).

SI 2002/3150 (N.I. 4).

Schedule 16 to the Tribunal, Courts and Enforcement Act 2007 (c. 15) amends section 429 but the amendment is not yet in force.

2005 asp 10.

Section 91 was amended by section 55(1) of, and paragraph 35 of Part 4 of Schedule 4 to, the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”). Section 106 was amended by section 55(1) of, and paragraph 47 of Part 5 of Schedule 4 to, the 2012 Act. Section 123 was amended by section 55(1) of, and paragraph 60 of Part 6 of Schedule 4 to, the 2012 Act. Section 147A was inserted by section 208(2) of the 2012 Act. Subsection 3 of section 147A was amended by paragraphs 120 and 123 of Part 7 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9). See also section 147B which was inserted by the same provision in the 2012 Act and makes further provision about regulations under section 147A.

Section 14D of the 2006 Act provides for the establishment of clinical commissioning groups. That section was inserted by section 25(1) of the 2012 Act.

Section 25 of the 2006 Act provides for the establishment by order of NHS Trusts. Repeal of that section is provided for by section 179(2) of the 2012 Act, but no date has been appointed for section 179(2) to come into force.

See Chapter 5 of Part 2 of the 2006 Act. NHS foundation trusts are public benefit corporations authorised by Monitor under that Chapter. Relevant amendments to Chapter 5 were made by sections 111(11), 150(5), 151(9), 156(5), 159(1) to (3), (5) to (7), 160(1), (2) and (3), 161(1), 178(5) of and paragraphs 8, 9(1) and 10(1) of Schedule 13 to the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), by section 95 of and paragraph 83 of Part 3 of Schedule 5 to the Health and Social Care Act 2008 (c. 14), and by section 241 of and Part 18 of Schedule 18 to the Local Government and Public Involvement in Health Act 2007 (c. 28). Further amendments to the 2006 Act repealing certain relevant provisions in Chapter 5 of Part 2 thereof were made by sections 159(4), 180(1) to (4) of and Schedule 13, paragraphs 8, 9 and 10 of the 2012 Act but no date has been appointed for their commencement.

Monitor is the body corporate previously known as the Independent Regulator of NHS Foundation Trusts, which was first established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43). That body’s name was changed to Monitor, and its existence continued, by section 61 of the 2012 Act.

2009 c. 20. As amended by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”), sections 105A and 105B provide, subject to certain tests and limitations, and with certain exceptions, including those set out in section 18 of the 2016 Act in relation to the health service, for orders to be made conferring functions of public authorities upon combined authorities.

2016 c. 1. Sections 16 and 17 provide, subject to certain tests and limitations, and with certain exceptions, including those set out in section 18 of the 2016 Act, for regulations to be made conferring functions of public authorities on local authorities.

Section 13Z was inserted by section 23(1) of the 2012 Act, and sections 13ZA and 13ZB were inserted by section 19 of and Schedule 4 to the 2016 Act. These three provisions permit the NHS Commissioning Board to make arrangements for the exercise of its functions with certain bodies which potentially may include local authorities and combined authorities. Section 14Z3A was inserted by section 19 of and Schedule 4 to the 2016 Act and permits clinical commissioning groups to make arrangements for their functions to be exercised jointly by clinical commissioning groups and a combined authority. Section 75 of the NHS Act was also amended by section 19 of and Schedule 4 to the 2016 Act and provides for regulations to be made permitting partnership arrangements to be made between prescribed health service bodies and prescribed local government bodies which in certain circumstances may include combined authorities.

The Care Quality Commission was established by section 1 of the Health and Social Care Act 2008 (c. 14).

Health Education England was established by section 96 of the Care Act 2014 (c. 23).

The Health Research Authority was established by section 109 of the Care Act 2014.

The Health and Social Care Information Centre was established by section 252 of the 2012 Act.

The Human Fertilisation and Embryology Authority was established by section 5 of the Human Fertilisation and Embryology Act 1990 (c. 37).

The Human Tissue Authority was established by section 13 of the Human Tissue Act 2004 (c. 30).

The National Institute for Health and Care Excellence was established by section 232 of the 2012 Act.

2014 c. 14.

1969 c. 24. The Act is subject to amendments yet to be brought into force in relation to section 1 (societies which may be registered) and as to the title of the Act, pursuant to section 8 of the Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 (c. 16). The prospective amended title of the 1969 Act is the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969.

Art. 1 in force at 1.11.2017, see art. 1(1)

Art. 2 in force at 1.11.2017, see art. 1(1)

Art. 3 in force at 1.11.2017, see art. 1(1)

Art. 4 in force at 1.11.2017, see art. 1(1)

Art. 5 in force at 1.11.2017, see art. 1(1)

Art. 6 in force at 1.11.2017, see art. 1(1)

Art. 7 in force at 1.11.2017, see art. 1(1)

Art. 8 in force at 1.11.2017, see art. 1(1)

Art. 9 in force at 1.11.2017, see art. 1(1)

Art. 10 in force at 1.11.2017, see art. 1(1)

Art. 11 in force at 1.11.2017, see art. 1(1)

Art. 12 in force at 1.11.2017, see art. 1(1)

Art. 14 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 1 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 2 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 3 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 4 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 5 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 6 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 7 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 8 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 9 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 10 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 11 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 12 in force at 1.11.2017, see art. 1(1)

Sch. 1 para. 13 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 1 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 2 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 3 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 4 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 5 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 6 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 7 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 8 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 9 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 10 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 11 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 12 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 13 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 14 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 15 in force at 1.11.2017, see art. 1(1)

Sch. 2 para. 16 in force at 1.11.2017, see art. 1(1)

Words in Sch. 2 para. 3(2)(o) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 21(v) (with art. 14)

Pt. 4 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 86(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Sch. 3 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 86(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in art. 2 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 86(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Words in Sch. 2 para. 3(2)(g) inserted (17.4.2024) by The Levelling Up and Regeneration Act 2023 (Consequential Amendments) (England) Regulations 2024 (S.I. 2024/418), regs. 1(2), 5(a)

Words in Sch. 2 para. 3(2)(g) inserted (17.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (England) Regulations 2024 (S.I. 2024/418), regs. 1(2), 5(b)

Sch. 2 para. 3(2)(p) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 22