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The Retained Organs Commission (Abolition) Order 2005

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Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the Retained Organs Commission (Abolition) Order 2005 and comes into force on the 1st February 2005.

(2) This Order applies to England only.

(3) In this Order—

“the Commission” means the Retained Organs Commission established by the Retained Organs Commission (Establishment and Constitution) Order 2001(1);

“the Secretary of State” means the Secretary of State for Health.

Abolition of the Commission and revocation of Orders and Regulations

2.  The Commission is abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.

Consequential Amendment of Orders and Regulations

3.  The amendments in Schedule 2 are made in consequence of the abolition of the Commission.

Investigation of complaints by the Health Service Commissioner

4.—(1) A complaint made under the Health Service Commissioners Act 1993(2) to the Health Service Commissioner for England in relation to the Commission, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the Commission .

(2) The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State.

Enforceability of rights and transfer of liabilities

5.—(1) Any right arising from the exercise of functions under the Secretary of State’s Directions to the Commission listed in paragraph (3) that immediately before 1st February 2005 was enforceable by or against the Commission is transferred to the Secretary of State.

(2) Any liability arising from the exercise of functions under those Directions that was immediately before 1st February 2005 enforceable against the Commission is transferred to the Secretary of State.

(3) The Directions referred to in paragraphs (1) and (2) are those dated–

(a)11th April and 18th October 2001;

(b)14th May 2002;

(c)31st March 2004.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State,

Department of Health

7th January 2005

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