The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012

Part 2, article 5(1)

SCHEDULE 1 Property and liabilities transferring to the Board

Furniture, fittings, plant, equipment and machinery

1.—(1) The property and liabilities which the Authority has in relation to the items specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The items referred to in sub-paragraph (1) are—

(a) all computers, mobile telephones, data cards and electronic instruments;

(b) all software, data and hardware relating to the National Reporting and Learning System(1) or to the performance by the Authority of any of its functions;

(c) all office furniture, including desks, chairs and filing cabinets;

(d) all goods, stocks, inventory, stores and raw materials used by or in connection with, or otherwise attributable, to the functions of the Authority;

(e) all assets, whether tangible or intangible, purchased through money supplied by the Department of Health in relation to the Authority’s work in preparing for the establishment of the Board.

Contracts and agreements

2.—(1) The property and liabilities which the Authority has in relation to the contracts and agreements specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The contracts and agreements referred to in sub-paragraph (1) are—

(a) all operating leases and maintenance contracts for cars, photocopiers, printers and other electronic equipment used by the Authority;

(b) all policies of insurance taken out and maintained by the Authority in relation to any of the functions of the Authority; and

(c) all other contracts, agreements, arrangements, engagements, assignments and orders which relate to any of the functions of the Authority.

Intellectual property and records

3.—(1) The intellectual property and liabilities which the Authority has in relation to the items specified in sub-paragraph (2) are to transfer to the Board on the transfer date.

(2) The items referred to in sub-paragraph (1) are—

(a) all books, records and other documents created or held by the Authority (including any documents or records that are kept by means of a computer or other electronic device) including—

(i) employment records and other data relating to staff employed by the Authority at any time before the transfer date,

(ii) financial records,

(iii) records relating to the performance by the Authority of the patient safety function or the NRLS oversight function(2),

(iv) records relating to policy making;

(b) all software and IT systems relating to the performance by the Authority of any of its functions;

(c) all general correspondence; and

(d) all domain names registered by the Authority in respect of the Authority or the Board.

(1)

The National Reporting and Learning System is the system for recording patient safety incidents which was designed by the National Patient Safety Agency, a special health authority established by the National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743), and which is operated by Imperial College Healthcare National Health Service Trust pursuant to article 2(1) of the Imperial College Healthcare National Health Service Trust Directions 2012, signed on 30th March 2012. A “patient safety incident” is defined by article 1(4) of those Directions as meaning any unintended or unexpected incident that could have or did lead to harm for one or more patients receiving services provided under the National Health Service Act 2006.

(2)

The “patient safety function” and the “NRLS oversight function” are functions conferred on the Authority as of 1st June 2012 by virtue of amendments made to the NHS Commissioning Board Authority (Functions of the Authority) Directions 2011, signed on 31st October 2011, by paragraph 4 of the NHS Commissioning Board Authority (Functions of the Authority) (Amendment) Directions 2012, signed on 31st May 2012.