The Retained Organs Commission (Amendment) Regulations 2002

Statutory Instruments

2002 No. 34

NATIONAL HEALTH SERVICE, ENGLAND

The Retained Organs Commission (Amendment) Regulations 2002

Made

10th January 2002

Laid before Parliament

11th January 2002

Coming into force

1st February 2002

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(4) and 126(4) of, and paragraph 12 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 Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Retained Organs Commission (Amendment) Regulations 2002 and shall come into force on 1st February 2002.

(2) These Regulations extend to England only.

Amendment of Regulations

2.  In regulation 3 of the Retained Organs Commission Regulations 2001(2) (disqualification for appointment) sub-paragraph (g) of paragraph (1) is deleted.

Signed by authority of the Secretary of State

Hazel Blears

Parliamentary Under-Secretary of State,

Department of Health

10th January 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 3 of the Retained Organs Commission Regulations 2000 to remove the disqualification of the chairmen and members of primary care trusts from serving as the chairman or a non-officer member of the Retained Organs Commission.

(1)

1977 c. 49; section 11 was amended by paragraph 2 of Schedule 1 to the Health Authorities Act 1995 (c. 19) (“the 1995 Act”) and by paragraph 6 of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”); section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and by paragraph 37(6) of the 1999 Act; paragraph 12 of Schedule 5 was amended by article 7 of S.I. 1985/39, by paragraph 9 of Schedule 1 to the 1990 Act, by paragraph 60(e) of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by paragraph 39(4) of Schedule 4 to the 1999 Act. See section 128(1), as amended by section 26(2)(g) and (i) of the 1990 Act for the definitions of “prescribed” and “regulations”. The functions of the Secretary of State under those provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.

(2)

S.I. 2001/748.