3. The special health authority to be known as the NHS Counter Fraud Authority is established by and in accordance with this Order.
4.—(1) The Authority is to exercise the functions of the Secretary of State in respect of counter fraud which are identified in paragraph (2), subject to and in accordance with this article and directions to the Authority given by the Secretary of State.
(2) The counter fraud functions the Authority is to exercise are—
(a)taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities, carried out against or otherwise affecting the health service in England;
(b)taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities against or otherwise affecting the Secretary of State in relation to his responsibilities for the health service in England;
(c)operational matters relating to the functions described in (a) and (b);
(d)providing advice to bodies and persons identified in directions given by the Secretary of State to the Authority about matters relevant to counter fraud.
(3) Schedule 1 has effect, providing for directions to the Authority as to the exercise by the Authority and its senior officers of the Secretary of State’s functions under sections 197(1) (notice requiring production of documents) and 198 (production of documents) of the NHS Act (“delegated functions”) and making further provision pursuant to section 199(4) in connection with the exercise of those delegated functions.
(4) The Authority has the function of assisting and providing information to the Secretary of State when requested in relation to matters relevant to counter fraud.
(5) Nothing in this Order prevents the Authority from undertaking activity in accordance with arrangements made with it by Welsh Ministers pursuant to section 83 of the Government of Wales Act 2006(2).
(6) In this article—
“counter fraud” refers to the actions which may be taken in performance of the Secretary of State’s counter fraud functions described in section 195(2) of the NHS Act;
“investigating” has the meaning given in section 195(5) of the NHS Act.
5.—(1) Subject to paragraph (2), the Authority is to consist of—
(a)a chairperson;
(b)in addition to the chairperson, not less than three members who are not officers of the Authority; and
(c)at least two but not more than three members who are officers of the Authority, and those officer members must include the persons who for the time being hold the offices of chief executive and director of finance.
(2) During the transitional period, the Authority need consist only of—
(a)a chairperson;
(b)one other member who is not an officer of the Authority;
(c)an officer member appointed to act as chief executive of the Authority;
(d)an officer member appointed to act as director of finance of the Authority.
6. Schedule 2 has effect in respect of the appointment and tenure of the chairperson and other members of the Authority, of the appointment and tenure of officers of the Authority, including the making of certain temporary appointments in respect of the transitional period, and as to procedural matters relating to the conduct of the Authority’s business.
Section 197 was amended by section 55(1) of, and paragraph 105 of Part 9 of Schedule 4 to, the Health and Social Care Act 2012.
2006 c. 32. Section 83(1)(c) was amended by section 4(2)(a) of the Wales Act 2014 (c. 29).