(1)    This Order may be cited as NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Establishment and Constitution) Order 2005 and shall come into force on 1st October 2005.

(2)    In this Order—

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

“the appropriate authority” means—

(a)    in relation to England, the Secretary of State; and

(b)    in relation to Wales, the National Assembly for Wales; and

“the Authority” means NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) established by this Order.

There is hereby established a Special Health Authority which shall be known as NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG).

(1)    Subject to and in accordance with such directions as the appropriate authority may give to the Authority, the Authority shall so as to promote or secure the effective provision of services under the Act perform such functions in connection with—

(a)    collecting, screening, analysing, processing and supplying blood, blood products, plasma, stem cells and other tissues to the health service;

(b)    the preparation of blood components and reagents;

(c)    facilitating, providing and securing the provision of services to assist tissue and organ transplantation;

(d)    such other functions,

as the appropriate authority may direct.

(1)    The Authority shall consist of—

(a)    a chairman;

(b)    not more than eight members who are not officers of the Authority in addition to the chairman;

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

(2)    The members mentioned in paragraph (1)(b) above shall include a person with particular experience suited to the interests of Wales.

The Authority 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).

The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.

The amendments in the Schedule are made in consequence of the establishment of the Authority.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State

Department of Health

9th September 2005

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

D Elis-Thomas

The Presiding Officer of the National Assembly

28th June 2005

1

In regulation 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (disqualification for appointment of chairman and non-executive directors) after sub-paragraph (g), insert—

“(h)    the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG).”.

2

In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) insert in the appropriate alphabetical place “NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG),”.

3

In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) insert in the appropriate alphabetical place “NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG),”.

This Order provides for the establishment and constitution of a Special Health Authority, to be known as NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (“the Authority”), to exercise functions in connection with the collecting, screening, processing and supplying and analysing of blood, blood products, plasma, stem cells and other tissues, the preparation of blood components and reagents and facilitating, providing and securing the provision of services to assist tissue and organ transplantation and such other functions as the Secretary of State and the National Assembly for Wales may direct it to perform.

Article 2 of the Order establishes the Authority, the functions of which are described in article 3 and are to be specified more particularly in directions given by the Secretary of State and the National Assembly for Wales. Provision is also made for the constitution of the Authority (article 4), for the remuneration of its members (article 5), and for the admission of the public to meetings (article 6). Article 7 and the Schedule make provision to ensure that a member of the Authority is not disqualified from membership of certain other NHS bodies.