The National Treatment Agency (Establishment and Constitution) Amendment Order 2003

Statutory Instruments

2003 No. 1827

NATIONAL HEALTH SERVICE, ENGLAND

The National Treatment Agency (Establishment and Constitution) Amendment Order 2003

Made

15th July 2003

Laid before Parliament

22nd July 2003

Coming into force

12th August 2003

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1), (2) and (4) and 126(3) of the National Health Service Act 1977(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the National Treatment Agency (Establishment and Constitution) Amendment Order 2003 and shall come into force on 12th August 2003.

(2) This Order applies to England only.

(3) In this Order “the Order” means the National Treatment Agency (Establishment and Constitution) Order 2001(2).

Amendment of article 4 of the Order

2.—(1) Article 4 of the Order (constitution of the Agency) is amended as follows.

(2) In paragraph (b), for “not less than 3 and not more than 8 members” there is substituted “not less than 3 and not more than 12 members”; and

(3) In paragraph (d), for “not less than 2 and not more than 3 members” there is substituted “not less than 2 and not more than 4 members”.

Signed by authority of the Secretary of State for Health

Melanie Johnson

Parliamentary Under Secretary of State,

Department of Health

15th July 2003

Explanatory Note

(This note is not part of the Order)

This Order changes the constitution of the National Treatment Agency (“the Agency”), a Special Health Authority established under section 11 of the National Health Service Act 1977. The Agency is to have between 3 and 12 non-officer members rather than between 3 and 8, and between 2 and 4 officer members rather than between 2 and 3.

(1)

1977 c. 49; section 11 was amended by paragraph 2 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and by paragraph 6 of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”); section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19), by paragraph 57 of Schedule 1 to the 1995 Act and by section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c. 46). The functions of the Secretary of State under these 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. 2001/713.