Contents
- 1 Citation, commencement, application and interpretation
- 2 Abolition of NHSU
- 3 Consequential amendment of Orders and Regulations
- 4 Investigation of complaints by the Health Service Commissioner
- 5 Enforceability of rights and transfer of liabilities of the NHSU
- 6 Transfer of property from the NHSU
- 7 Transfer of officers of the NHSU
- 8 Winding up of affairs of the NHSU
- Schedule Amendments consequential on the abolition of the nhsu
Article 1Citation, commencement, application and interpretation#
(1)This Order may be cited as the NHSU Abolition Order 2005 and shall come into force on 1st August 2005.
(2)This Order applies in relation to England.
(3)In this Order—• “the NHSU” means the Special Health Authority known as NHSU established by the NHSU (Establishment and Constitution) Order 2003; and• “the Institute” means the NHS Institute for Innovation and Improvement established by the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005;
Article 3Consequential amendment of Orders and Regulations#
The amendments in the Schedule are made in consequence of the abolition of the NHSU.
Article 4Investigation of complaints by the Health Service Commissioner#
(1)A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the NHSU, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding its abolition.
(2)The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Article 5Enforceability of rights and transfer of liabilities of the NHSU#
(1)Any right which, immediately before 1st August 2005, was enforceable by or against the NHSU shall, on or after that date, be enforceable by or against the Institute.
(2)All liabilities of the NHSU are transferred to the Institute on 1st August 2005.
Article 6Transfer of property from the NHSU#
All property of the NHSU is transferred to the Institute on 1st August 2005.
Article 7Transfer of officers of the NHSU#
(2)Any officer to whom paragraph (1) applies shall, on 1st August 2005, be transferred to the employment of the Institute.
(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(b)has effect from the time of the transfer as if originally made between the officer and the Institute.
(4)Without prejudice to paragraph (3)—
(a)all the rights, powers, duties and liabilities of the NHSU, 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 Institute; and
(b)anything done before the date of the transfer by or in relation to the NHSU, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.
(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 has objected to the transfer to the Institute and has informed the NHSU of that objection by 31st July 2005.
(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.
Article 8Winding up of affairs of the NHSU#
It shall be the duty of the Institute to take such action as may be necessary for the winding up of the affairs of the NHSU, including the preparation of the outstanding accounts of the NHSU and the performance of all statutory duties relating to those accounts.
Schedule · Amendments consequential on the abolition of the nhsu
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
(2)Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) delete “NHSU”.
Contains public sector information licensed under the Open Government Licence v3.0.