The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 (“the principal Order”) in relation to both England and Wales. It removes the obligation on the NHS Business Services Authority (“the BSA”) subject to and in accordance with directions of the Secretary of State to undertake certain of his counter fraud and security management functions in relation to the health service in England. It also removes provision in respect of certain counter fraud functions of the Welsh Ministers that the BSA was required under the principal Order to carry out in relation to the health service in Wales, subject to and in accordance with such directions as might be given by the Welsh Ministers (successors to the National Assembly for Wales for these purposes, by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32)).

Article 2 amends article 3 (functions of the BSA) in the principal Order to omit reference to the functions concerned.

A separate statutory instrument, the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017, makes provision for the establishment of a new body to undertake certain counter fraud functions of the Secretary of State in relation to the health service in England, and includes provision for continuity in relation to the exercise of functions by the new body which were exercisable by the BSA prior to 1st November 2017.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.