Explanatory Note

(This note is not part of the Order)

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the National Health Service Litigation Authority (“the Authority”), to exercise on behalf of the Secretary of State certain of his functions in connection with the establishment and, subsequently, the administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 for meeting liabilities of health service bodies to third parties for loss, damage or injury arising out of the exercise by those bodies of their functions.

Article 2 of the Order establishes the National Health Service Litigation Authority, the functions of which are described in article 3 and are to be specified in directions given by the Secretary of State. Provision is made for the constitution of the Authority (article 4) and for the remuneration of members of the Authority who are not also its officers (article 5).