The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017
This Order amends a number of instruments upon the establishment of the special health authority, the NHS Counter Fraud Authority, pursuant to section 28 of the National Health Service Act 2006 (“the 2006 Act”). The Order comes into force on 1st November 2017. Article 3 extends to Great Britain and Northern Ireland, articles 4 and 6 extend to England and Wales, and article 6 extends to England and Wales. Other amendments extend to Great Britain. With effect from 1st November 2017, the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017 provides for the establishment of the new special health authority to exercise the statutory functions of the Secretary of State in relation to the prevention, detection and investigation of fraud against or affecting the health service in England. Before 1st November 2017, these functions, together with the security management functions of the Secretary of State in relation to the health service, were exercisable by a division (“the counter fraud division”) of the NHS Business Services Authority (“the NHS BSA”), also a special health authority, established pursuant to powers in the National Health Service 1977 which are consolidated in section 28 of the 2006 Act. The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017 removes both counter fraud and security management functions from the NHS BSA.