The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 and shall come into force on 1st April 2003.

(2) In this Order—

“the Act” means the National Health Service Act 1977;

“the Agency” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) established by this Order;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State for Health, and

(b)

in relation to Wales, the National Assembly for Wales;

“PHLS” means the Public Health Laboratory Service Board that was continued in being by section 5(4) of the Act(1).

Establishment of the Agency

2.  There is hereby established a Special Health Authority which shall be known—

(a) in English as the Health Protection Agency; and

(b) in Welsh as Yr Asiantaeth Diogelu Iechyd.

Functions of the Agency

3.  Subject to and in accordance with such directions as the appropriate authority may give to the Agency(2), the Agency shall perform—

(a) such functions in connection with health protection; and

(b) such other functions,

as the appropriate authority may direct the Agency to perform on its behalf.

Constitution of the Agency

4.  The Agency shall consist of—

(a) a chairman;

(b) not less than 10 and not more than 25 members who are not officers of the Agency; and

(c) not less than 3 and not more than 8 members who are officers of the Agency.

Remuneration of members

5.  The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of Strategic Health Authorities, Health Authorities and certain Special Health Authorities).

Public meetings

6.  The Public Bodies (Admission to Meetings) Act 1960(3) shall apply to the Agency.

Transfer of staff

7.—(1) This paragraph applies in relation to any officer who is included in the Schedule.

(2) Any officer in relation to whom paragraph (1) applies shall, on 1st April 2003, be transferred to the employment of the Agency.

(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(b) has effect from the time of the transfer as if originally made between the officer and the Agency.

(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 that officer’s contract of employment shall by virtue of this paragraph be transferred to the Agency; 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 the officer or the contract of employment shall be deemed from that time to have been done by or in relation to the Agency.

(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 and informs the body from which they would be transferred, or the Agency, of that objection.

(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 by 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.

Abolition of the Microbiological Research Authority and revocation of Order and Regulations

8.—(1) The Microbiological Research Authority (Establishment and Constitution) Order 1994(4) is revoked and the Microbiological Research Authority is accordingly abolished.

(2) The Microbiological Research Authority Regulations 1994(5) are revoked.

Enforceability of rights and transfer of property and liabilities of Microbiological Research Authority

9.—(1) Any right that was, immediately before 1st April 2003, enforceable by or against the Microbiological Research Authority shall, on or after that date be enforceable by or against the Agency.

(2) All property and liabilities of the Microbiological Research Authority shall be transferred on 1st April 2003 to the Agency.

Enforceability of rights and transfer of property and liabilities of PHLS

10.—(1) Except where paragraph (2) applies—

(a) any right that was immediately before 1st April 2003, enforceable by or against the PHLS shall, on or after that date be enforceable by or against the Agency;

(b) all property and liabilities of the PHLS shall be transferred on 1st April 2003 to the Agency.

(2) This paragraph applies to—

(a) rights enforceable by or against the PHLS; and

(b) property and liabilities of the PHLS,

related to such functions under section 5(2)(c) of the Act as the Secretary of State has determined will continue to be exercised by the PHLS.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

Daffydd Ellis-Thomas

The Presiding Officer of the National Assembly

4th March 2003

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under Secretary of StateDepartment of Health

5th March 2003