The National Clinical Assessment Authority (Establishment and Constitution) Amendment Order 2004

Statutory Instruments

2004 No. 2147

NATIONAL HEALTH SERVICE, ENGLAND

The National Clinical Assessment Authority (Establishment and Constitution) Amendment Order 2004

Made

15th August 2004

Laid before Parliament

24th August 2004

Coming into force

14th September 2004

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1) 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 Clinical Assessment Authority (Establishment and Constitution) Amendment Order 2004 and shall come into force on 14^th September 2004.

(2) This Order applies to England only.

(3) In this Order “the Establishment Order” means the National Clinical Assessment Authority (Establishment and Constitution) Order 2000(2).

Amendment of article 4 of the Establishment Order

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

(2) In paragraph (d) for “two” substitute “three”.

Signed by authority of the Secretary of State for Health

Warner

Parliamentary under Secretary of State,

Department of Health

15th August 2004

Explanatory Note

(This note is not part of the Order)

This Order changes the constitution of the National Clinical Assessment Authority (“the Authority”), a Special Health Authority established under section 11 of the National Health Service Act 1977. In addition to its Medical Director the Authority is to have up to 3 officer members rather than up to 2 officer members.

(1)

1977 c. 49; section 11 was amended by section 2(1) of, and paragraph 2 of Schedule 1 to, the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and section 65 of, and paragraphs 4 and 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), paragraph 57 of Schedule 1 to the 1995 Act and 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, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 for the National Health Service Act 1977 as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to the Health and Social Care Act 2001 (c. 15) and section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(2)

S.I. 2000/2961.