Statutory Instruments
2001 No. 743
NATIONAL HEALTH SERVICE, ENGLAND
The Retained Organs Commission (Establishment and Constitution) Order 2001
Made
8th March 2001
Laid before Parliament
9th March 2001
Coming into force
1st April 2001
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977( 1 ) and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement, extent and interpretation
1. —(1) This Order may be cited as the Retained Organs Commission (Establishment and Constitution) Order 2001 and shall come into force on 1st April 2001.
(2) This Order extends to England only.
(3) In this Order “the Commission” means the Retained Organs Commission established by this Order.
Establishment of the Commission
2. There is hereby established a Special Health Authority which shall be known as the Retained Organs Commission.
Functions of the Commission
3. Subject to and in accordance with such directions as the Secretary of State may give( 2 ), the Commission shall perform—
(a) such functions in connection with the removal, retention and storage of human tissue and organs, and
(b) such other functions,
as the Secretary of State may direct.
Constitution of the Commission
4. The Commission shall consist of—
(a) a chairman,
(b) not less than 4 and not more than 7 members who are not officers of the Commission,
(c) the person who for the time being who holds the office of Chief Executive of the Commission, and
(d) one other officer of the Commission.
Remuneration of members
5. The Commission is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977(definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Public meetings
6.The Public Bodies (Admission to Meetings) Act 1960( 3 ) shall apply to the Commission.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th March 2001
1977 c. 49 ; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53) , by Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), 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”); sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by paragraph 7(2) of Schedule 1 to the 1990 Act and was amended by paragraph 60(h) of Schedule 1 to the 1995 Act. 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.
See , in particular, sections 16D, 17 and 18 of the National Health Service Act 1977 (c. 49) ; sections 16D and 17 were inserted by section 12(1) of the 1999 Act. Section 18 was amended by Schedule 10 to the 1990 Act, by section 3(8) of the 1995 Act, by paragraph 9 of Schedule 1 to the 1995 Act and by section 12(3) of the 1999 Act.
1960 c. 67 ; see paragraph 1(g) of the Schedule to the Act, which was inserted by paragraph 91 of Schedule 1 to the Health Authorities Act 1995 (c. 17) .