The Welsh Health Common Services Authority Constitution Order 1990

Statutory Instruments

1990 No. 2647

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Welsh Health Common Services Authority Constitution Order 1990

Made

27th December 1990

Laid before Parliament

11th January 1991

Coming into force

1st February 1991

The Secretary of State for Wales, in exercise of powers conferred by sections 11, 12(c) and 126(1) and (3) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Welsh Health Common Services Authority Constitution Order 1990 and shall come into force on 1st February 1991.

Interpretation

2.  In this Order, unless the context otherwise requires—

“the Act” means the National Health Service Act 1977;

“Family Authority” means a Family Health Services Authority;

“the Authority” means the Welsh Health Common Services Authority.

Continuation of the Welsh Health Common Services Authority

3.  Notwithstanding the revocation by this Order of the Welsh Health Common Services Authority Constitution Order 1985(2), there shall continue to be established the special health authority known as the Welsh Health Common Services Authority, established by the Welsh Health Technical Services Organisation (Establishment and Constitution) Order 1973(3).

Functions of the Authority

4.  The Authority shall continue to perform—

(a) such functions relating to capital works, the procurement of supplies, the provision of computer services and the provision of wheelchairs, artificial limbs and appliances, invalid carriages and motor cars as the Secretary of State may direct it to perform on his behalf;

(b) such functions relating to the examining, checking and pricing of prescriptions for drugs, listed drugs, medicines and listed appliances supplied as part of pharmaceutical services as the Secretary of State may direct it to perform on behalf of Family Authorities;

(c) such functions relating to the collection, validation, processing and protection of personally identifiable data as the Secretary of State may direct it to perform on his behalf and on behalf of District Health Authorities and Family Authorities;

(d) such functions relating to manpower, medical audit, emergency and strategic planning and the promotion of cost improvement and income generation as the Secretary of State may direct it to perform on his behalf and on behalf of District Health Authorities and Family Authorities, and

(e) such other functions as the Secretary of State may direct it to perform on his behalf or on behalf of a District Health Authority or a Family Authority.

Constitution of the Authority

5.  The Authority shall consist of the following members, that is to say—

(a) a chairman appointed by the Secretary of State;

(b) three members appointed by the Secretary of State;

(c) the chief officer for the time being of the Authority.

Specification of the Authority as a relevant authority

6.  The Authority is hereby specified for the purposes of sub-paragraph (7) of paragraph 9 of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).

Revocation of Orders

7.  The Welsh Health Common Services Authority Constitution Order 1985 and the Welsh Health Common Services Authority Constitution (Variation) Order 1985(4) are hereby revoked.

David Hunt

Secretary of State for Wales

27th December 1990

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Welsh Health Common Services Authority Constitution Order 1985. The Welsh Health Common Services Authority, a special health authority established under the National Health Service Act 1977, is continued in being (article 3). The Order also provides for the functions of the Authority (article 4), for its new constitution of a chairman and four other members (article 5) and for it to be specified as a special health authority the members of which may be remunerated as well as the chairman (article 6). Article 7 revokes the Welsh Health Common Services Authority Constitution Order 1985 and the Welsh Health Common Services Authority Constitution (Variation) Order 1985.

(1)

1977 c. 49; section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31; sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by the National Health Service and Community Care Act 1990 (c. 19), Schedule 1, paragraph 7(2).

(2)

S.I. 1985/996, as amended by S.I. 1985/1345 and by the Health and Medicines Act 1988 (c. 49) section 12(1)(a).

(3)

S.I. 1973/1624 (now revoked); see articles 3 and 17 of S.I. 1985/996.

(4)

S.I. 1985/1345.