Citation, commencement and extent

1. —(1) This Order may be cited as the NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 and comes into force on 1st November 2017.

(2) Article 6 extends to England and Wales only.

Amendment to the Pensions Act 2004

2. In column 1 of the table in each of Schedules 3 and 8 to the Pensions Act 2004 (which relate to permitted disclosures of certain restricted information to facilitate the exercise of functions), for “The Counter Fraud and Security Management Service established under the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 ( S.I. 2002/3039 )”, substitute—

“ A special health authority established under section 28 of the National Health Service Act 2006 ( 6 ) directed to carry out counter fraud functions of the Secretary of State within the meaning of section 195 of that Act ” ( 7 ).

Amendment to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

3. In the table in Part 2 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010( 8 ), at the first entry, in column 2, for the words “in the Counter Fraud and Security Management Services Division of the NHS Business Services Authority”, substitute “in the exercise of the Secretary of State’s counter fraud functions, within the meaning of section 195 of the National Health Service Act 2006”.

Amendment to the National Health Service (Performers Lists) (England) Regulations 2013

4. —(1)The National Health Service (Performers Lists) (England) Regulations 2013( 9 ) are amended in accordance with this article.

(2) In regulation 2 (interpretation), after the definition of “NHS Business Services Authority”, insert the following definition—

“ “NHS Counter Fraud Authority” means the NHS Counter Fraud Authority established as a special health authority under section 28 of the 2006 Act ; ” .

(3) In regulation 4(5)(j) and (7)(f) (application for inclusion in a performers list), after the words “the NHS Business Services Authority”, insert “or the NHS Counter Fraud Authority”.

(4) In the following provisions, for “NHS Business Services Authority”, substitute “NHS Counter Fraud Authority”—

(a) regulation 4(5)(k) and (7)(g);

(b) regulation 5(1)(b);

(c) regulation 7(2)(d);

(d) regulation 8(1)(h);

(e) regulation 9(2)(l);

(f) regulation 15(3)(c);

(g) regulation 18(3)(g);

(h) regulation 21(1)(j);

(i) paragraph 4(3)(b) of Schedule 1.

Amendment to the Public Interest Disclosure (Prescribed Persons) Order 2014

5. In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014( 10 )—

(a) in the first column, for “NHS Business Services Authority”, substitute “NHS Counter Fraud Authority (being a special health authority established under section 28 of the National Health Service Act 2006)”;

(b) at the same entry, for the words appearing in the second column, substitute—

“ Matters relating to fraud, corruption or other such unlawful activity in relation to the health service in England. ” .

Amendment to the Proceeds of Crime Act Order 2015

6. In the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015( 11 )—

(a) in article 2(1) (interpretation), after the definition of “NCA”, insert the following definition—

“ “NHS Counter Fraud Authority” means the NHS Counter Fraud Authority established as a special health authority under section 28 of the National Health Service Act 2006 exercising functions in relation to England. ” ;

(b) in the Schedule, for “the Counter Fraud and Security Management Service” where it appears (six times), substitute “the NHS Counter Fraud Authority”.