The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005

Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 and shall come into force on 1^st July 2005.

(2) This Order applies in relation to England.

(3) In this Order—

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

“the Institute” means the NHS Institute for Innovation and Improvement established by this Order;

“NHS body” means a Strategic Health Authority (1), a Primary Care Trust (2), a Special Health Authority (3), an NHS trust (4) and an NHS foundation trust (5);

“NHS staff” means any person employed by or engaged to provide services to an NHS body; and

“Prescription Pricing Authority” means the Special Health Authority established by the Prescription Pricing Authority Constitution Order 1990(6).

Establishment of the Institute

2.  There is hereby established a Special Health Authority which shall be known as the NHS Institute for Innovation and Improvement.

Functions of the Institute

3.  Subject to and in accordance with such directions as the Secretary of State may give to the Institute (7), the Institute shall, in order to promote innovation and best practice in the delivery of services under the Act, perform such functions in connection with —

(a) the promotion and use of new products and technology;

(b) the development and delivery of new services;

(c) the leadership development of both NHS staff and the chairmen and members of NHS bodies;

(d) the training and development of NHS staff; and

(e) such other functions,

as the Secretary of State may direct.

Constitution of the Institute

4.  The Institute shall consist of—

(a) a chairman;

(b) not less than six and not more than seven members who are not officers of the Institute in addition to the chairman; and

(c) not more than six members who are officers of the Institute including the persons who for the time being hold the office of chief executive and director of finance.

Remuneration of members

5.  The Institute 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 certain Special Health Authorities).

Transfer of officers from the Prescription Pricing Authority

6.—(1) This paragraph applies in relation to an officer of the Prescription Pricing Authority who was notified in writing on or before 2^nd June 2005 that he was to be transferred to the Institute.

(2) Any officer to whom paragraph (1) applies shall on 1^st July 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 Prescription Pricing Authority, 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 Prescription Pricing Authority, 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 Prescription Pricing Authority of that objection by 30^th June 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the Prescription Pricing Authority 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 from the Prescription Pricing Authority.

(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.

Public meetings

7.  The Public Bodies (Admission to Meetings) Act 1960(8) shall apply to the Institute.

Consequential amendment Regulations

8.  The amendments in the Schedule are made in consequence of the establishment of the Institute.

Signed by authority of the Secretary of State for Health

Norman Warner

Minister of State for NHS Delivery,

Department of Health

3rd June 2005