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NATIONAL HEALTH SERVICE, ENGLAND AND WALES
4th March 1991
Laid before Parliament
8th March 1991
Coming into force
1st April 1991
The Secretary of State for Health, in exercise of powers conferred by sections 11 and 126(4) 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, and after consultation, in accordance with section 11(5) of that Act, with bodies recognised by him as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the Order, hereby makes the following Order:
1. (1) This Order may be cited as The United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991 and shall come into force on 1st April 1991.
(2) In this Order unless the context otherwise requires—
“the Act” means the National Health Service Act 1977;
“the Authority” means the United Kingdom Transplant Support Service Authority established by this Order;
“functions” means functions relating to the health service as mentioned in section 13 of the Act;
“organ” means any part of a human body or any product derived from the human body;
“the Regional Health Authority” means the South Western Regional Health Authority constituted in accordance with the National Health Service (Constitution of Regional Health Authorities) Order 1975(2).
2. There is hereby established a special health authority which shall be known as the United Kingdom Transplant Support Service Authority.
3. The Authority shall exercise such functions relating to assisting in, and facilitating or promoting, the provision of a service for the transplantation of organs as the Secretary of State may by Regulations(3) direct it to perform on his behalf.
4. The Authority shall consist of—
(b)four members who are not officers of the Authority;
(c)the chief officer of the Authority; and
(d)a member who is an officer of the Authority other than the chief officer.
5. The Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act.
6. Any officer of the Regional Health Authority who is immediately before the date on which this Order comes into force employed by it solely for the purposes of its specialised unit known as the United Kingdom Transplant Service shall on that date be transferred to the employment of the Authority, and the contract of employment between each such officer and the Regional Health Authority shall be modified so as to substitute the Authority as employer.
7. Any right or liability of the Regional Health Authority in respect of the employment by it of any officer who is transferred to the employment of the Authority by virtue of article 6 of this Order shall instead be a right or liability of the Authority.
Secretary of State for Health
4th March 1991
(This note is not part of the Regulations)
This Order provides for the establishment and constitution of a special health authority, to be known as the United Kingdom Transplant Support Service Authority, for the purpose of exercising on behalf of the Secretary of State functions relating to the transplantation of human organs and ancillary and related matters. These functions were formerly exercised by a specialised unit of the South Western Regional Health Authority known as the United Kingdom Transplant Service.
The Order also makes provision for remuneration of members, for the transfer to the new Authority of officers previously employed by the South Western Regional Health Authority in its specialised unit and of associated rights and liabilities.