Statutory Instruments
2004 No. 648
NATIONAL HEALTH SERVICE, ENGLAND
The NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004
Made
9th March 2004
Laid before Parliament
11th March 2004
Coming into force
1st April 2004
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 11(1), (2) and (4) and 126(3) of the National Health Service Act 1977( 1 ), and of all other powers enabling him in that behalf, and after consultation with such bodies as he recognises represent officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the Order, hereby makes the following Order:
Citation, commencement, application and interpretation
1. —(1) This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004 and shall come into force on 1st April 2004.
(2) This Order applies to England only.
(3) In this Order “the Establishment Order” means the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003( 2 ).
Amendment of the Establishment Order
2. After article 5 of the Establishment Order (remuneration of members) add—
“ Transfer of rights and liabilities
6. All rights and liabilities of a National Health Service trust or a Primary Care Trust listed in Schedule 1 relating to the activity known as NHS Professionals (being the recruitment and use of temporary staff in the health service), are transferred to the Authority and are therefore enforceable by or, as the case may be, against it.
Transfer of property
7. All property of the National Health Service trusts listed in Schedule 2 identified as property transferring to the Authority in the document produced by the Department of Health and entitled “Schedule of property transferring from National Health Service trusts to NHS Professionals Special Health Authority on 1st April 2004” and dated 5th March 2004 is transferred to the Authority.
Transfer of officers
8. —(1) This paragraph applies to an officer of—
(a) a National Health Service trust listed in Schedule 2; or
(b) the Heatherwood and Wexham Park Hospitals' National Health Service Trust ( 3 ) ,
who on 31st March 2004 is wholly or mainly engaged in recruitment and use of temporary staff in the health service (being the activity known as NHS Professionals) and who was notified in a letter posted on or before 30th January 2004 that he was to be transferred to the Authority.
(2) Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Authority.
(3) The contract of employment of an officer transferred under paragraph (2)—
(a) is not terminated by the transfer; and
(b) has effect from the time of the transfer as if originally made between the officer and the Authority.
(4) Without prejudice to paragraph (3)—
(a) all the rights, powers, duties and liabilities of the body from which an officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Authority; and
(b) anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of such an officer or his contract of employment, shall be deemed to have been done by or in relation to the Authority.
(5) Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer to the Authority and informs the body from which he would be transferred of that objection by 31st March 2004.
(6) Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that body.
(7) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment. ” .
Insertion of Schedules 1 and 2 in the Establishment Order
3. There shall be inserted into the Establishment Order at the appropriate place the Schedules set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
9th March 2004
Article 3
SCHEDULE
Article 6
“ SCHEDULE 1 Schedule of National Health Service trusts and Primary Care Trusts
| National Health Service trust or Primary Care Trust | Establishment Order |
|---|---|
| Barking, Havering and Redbridge Hospitals National Health Service Trust | S.I. 2000/1413 |
| Buckinghamshire Hospitals National Health Service Trust | S.I. 2002/2419 |
| Buckinghamshire Mental Health National Health Service Trust | S.I. 2001/333 |
| Central Liverpool Primary Care Trust | S.I. 2001/3490 |
| Cherwell Vale Primary Care Trust | S.I. 2001/491 |
| Chiltern and South Bucks Primary Care Trust | S.I. 2001/3295 |
| Christie Hospital National Health Service Trust | S.I. 1990/2407 |
| Dartford and Gravesham National Health Service Trust | S.I. 1993/2642 |
| Dartford, Gravesham and Swanley Primary Care Trust | S.I. 2000/2043 |
| Dudley Group of Hospitals National Health Service Trust | S.I. 1994/168 |
| East Hampshire Primary Care Trust | S.I. 2001/331 |
| East Kent Hospitals National Health Service Trust | S.I. 1999/896 |
| East Lancashire Hospitals National Health Service Trust | S.I. 2002/2073 |
| Epping Forest Primary Care Trust | S.I. 2000/287 |
| George Eliot Hospital National Health Service Trust | S.I. 1993/2551 |
| Harlow Primary Care Trust | S.I. 2000/2820 |
| Heatherwood and Wexham Park Hospitals' National Health Service Trust | S.I. 1991/2357 |
| Lancashire Care National Health Service Trust | S.I. 2001/4118 |
| Leeds Teaching Hospitals National Health Service Trust | S.I. 1998/837 |
| Mid Yorkshire Hospitals National Health Service Trust | S.I. 2002/1341 |
| Milton Keynes Primary Care Trust | S.I. 2000/2015 |
| Milton Keynes General National Health Service Trust | S.I. 1991/2372 |
| North Cheshire Hospitals National Health Service Trust | S.I. 2001/345 |
| North Essex Mental Health Partnership National Health Service Trust | S.I. 2001/324 |
| Nottingham City Hospital National Health Service Trust | S.I. 1991/2380 |
| Nuffield Orthopaedic National Health Service Trust | S.I. 1990/2434 |
| Oxford Radcliffe Hospitals National Health Service Trust | S.I. 1993/2544 ( 4 ) |
| Oxfordshire Learning Disability National Health Service Trust | S.I. 1992/2574 |
| Oxfordshire Mental Healthcare National Health Service Trust | S.I. 1993/2566 |
| Pennine Acute Hospitals National Health Service Trust | S.I. 2002/308 |
| Portsmouth Hospitals National Health Service Trust | S.I. 1992/2506 |
| Princess Alexandra Hospital National Health Service Trust | S.I. 1994/3179 |
| Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust | S.I. 1992/2478 |
| Royal Berkshire and Battle Hospitals National Health Service Trust | S.I. 1992/2579 |
| Royston, Buntingford and Bishop’s Stortford Primary Care Trust | S.I. 2001/390 |
| St Mary’s National Health Service Trust | S.I. 1991/2395 |
| Salford Royal Hospitals National Health Service Trust | S.I. 1994/164 ( 5 ) |
| Sheffield Teaching Hospitals National Health Service Trust | S.I. 2000/2909 |
| South East Oxfordshire Primary Care Trust | S.I. 2001/523 |
| South Leeds Primary Care Trust | S.I. 2001/3622 |
| South Manchester University Hospitals National Health Service Trust | S.I. 1994/161 |
| South Tees Hospitals National Health Service Trust | S.I. 1991/2402 ( 6 ) |
| South West London Community National Health Service Trust | S.I. 1999/794 |
| South West Oxfordshire Primary Care Trust | S.I. 2001/525 |
| South Yorkshire Mental Health National Health Service Trust | S.I. 2002/1313 |
| Stockport National Health Service Trust | S.I. 2000/842 |
| Vale of Aylesbury Primary Care Trust | S.I. 2001/268 |
| Walsall Teaching Primary Care Trust | S.I. 2002/894 ( 7 ) |
| Walton Centre for Neurology and Neurosurgery National Health Service Trust | S.I. 1991/2411 |
| West Yorkshire Metropolitan Ambulance National Health Service Trust | S.I. 1992/2493 |
| Worcestershire Acute Hospitals National Health Service Trust | S.I. 1999/3473 |
| Wycombe Primary Care Trust | S.I. 2001/3296 |
Articles 7 and 8
SCHEDULE 2 Schedule of National Health Service trusts
| National Health Service trust | Establishment Order |
|---|---|
| Barking, Havering and Redbridge Hospitals National Health Service Trust | S.I. 2000/1413 |
| East Kent Hospitals National Health Service Trust | S.I. 1999/896 |
| Hampshire Ambulance Service National Health Service Trust | S.I. 1992/2504 |
| Oxford Radcliffe Hospitals National Health Service Trust | S.I. 1993/2544 |
| Royal Berkshire and Battle Hospitals National Health Service Trust | S.I. 1992/2579 |
| St Mary’s National Health Service Trust | S.I. 1991/2395 |
| West Yorkshire Metropolitan Ambulance National Health Service Trust | S.I. 1992/2493 ” |
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) on a date to be appointed.
As amended by S.I. 1994/482 and S.I. 1998/1227 .
As amended by S.I. 1994/1269 .
As amended by S.I. 2001/1537 .
As amended by S.I. 2003/1983 .