The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2002

Statutory Instruments

2002 No. 2621

NATIONAL HEALTH SERVICE ENGLAND

The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2002

Made

17th October 2002

Laid before Parliament

18th October 2002

Coming into force

11th November 2002

The Secretary of State for Health, in exercise of powers conferred on him by sections 11(1), (2) and (4)(a), and, 126(3) and (4) 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 and application

1.—(1) This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2002 and shall come into force on 11th November 2002.

(2) This Order applies to England only.

Amendment of the National Health Service Litigation Authority (Establishment and Constitution) Order 1995

2.  In article 4(b) of the National Health Service Litigation Authority (Establishment and Constitution) Order 1995(2) (constitution of the Authority) in paragraph (b) for the word “three” substitute the word “four”.

David Lammy

Parliamentary Under Secretary of State,

Department of Health

17th October 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 to increase the number of members of the Authority who are not officers of the Authority from three to four.

(1)

1977 c. 49; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53) and by Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and 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 1990 Act, by paragraph 57 of Schedule 1 to the 1995 Act and by paragraph 27 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46); section 126(4) was amended by section 65(2) of the 1990 Act, by paragraph 37(6) of the 1999 Act and by the Health and Social Care Act 2001 (c. 15) section 67(1) and Schedule 5, Part I paragraphs 5(1) and (13)(b). The functions of the Secretary of State under section 11(1), (2) and (4) and 126(3) and (4) 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(4) to (6) of the 1999 Act.

(2)

S.I. 1995/2800.