Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
24th July 1990
Laid before Parliament
31st July 1990
Coming into force
17th September 1990
The Secretary of State for Health, in exercise of powers conferred by sections 11, 22(4)(e) and 126(3) and (4) of, and paragraph 9(7)(b) of Schedule 5, to the National Health Service Act 1977(1), and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Constitution) Order 1990 and shall come into force on 17th September 1990.
2. In this Order unless the context otherwise requires—
“Authority” means a special health authority continued in being under article 3 of this Order;
“the relevant institute or medical school” in relation to an Authority means the institute or medical school specified in column (1) of Schedule 1 to this Order in relation to that Authority as specified in column (2) of that Schedule.
3. The special health authorities specified in column (1) of Schedule 2 to this Order shall continue to be established and to be known by the names specified in that column.
4. Each Authority shall perform on behalf of the Secretary of State—
(a)such functions relating to the management of any hospital specified in column (2) of Schedule 2 to this Order in relation to its name, or relating to services provided in connection with any such hospital, as he may direct; and
(b)such other functions as he may direct.
5.—(1) Each Authority shall have a chairman and officer and non-officer members, that is to say members who, subject to article 8 of this Order, respectively are and are not officers of the Authority.
(2) Each Authority except the Eastman Dental Hospital shall have a chairman, six non-officer members and not more than six officer members.
(3) The Eastman Dental Hospital shall have a chairman, five non-officer members and not more than five officer members.
6. The non-officer members of an Authority shall include—
(a)a person who holds a post in the relevant institute or medical school; and
(b)a person who, in the opinion of the Secretary of State, is either a medical or dental practitioner of consultant status in an activity undertaken in a hospital managed by the Authority, or can suitably represent activities of national significance undertaken at a hospital managed by the Authority but who in either case is not employed by the Authority, the relevant institute or medical school or by the University of London.
7. The officer members of an Authority shall include—
(a)the chief officer of the Authority;
(b)the chief finance officer of the Authority;
(c)a medical practitioner or dental practitioner of consultant status;
(d)except in the case of the Eastman Dental Hospital, the chief nursing officer of the Authority.
8. Where a person—
(a)holds a post in the relevant institute or medical school, and
(b)would also, apart from this article, be regarded as an officer of an Authority,
his employment as an officer of the Authority shall not prevent him being appointed as a non-officer member of that Authority.
9. The Authorities are specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
10. The Public Bodies (Admission to Meetings) Act 1960(2) shall apply to each Authority.
11. The Secretary of State may appoint any person who has been nominated by an Authority to a joint consultative committee, or a sub-committee, within the meaning of section 22 of the National Health Service Act 1977.
12. The Orders specified in Schedule 3 to this Order are hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State for Health
24th July 1990
Article 2
RELEVANT INSTITUTE AND MEDICAL SCHOOL
| Column (1) | Column (2) |
|---|---|
| Institute or Medical School | Authority |
| Institute of Child Health | The Board of Governors of the Hospitals for Sick Children |
| Institute of Neurology | The Board of Governors of the National Hospital for Neurology and Neurosurgery |
| Institute of Ophthalmology | The Board of Governors of Moorfields Eye Hospital |
| Institute of Psychiatry | The Bethlem Royal Hospital and The Maudsley Hospital Health Authority |
| National Heart and Lung Institute | The Board of Governors of the National Heart and Chest Hospital |
| Institute of Cancer Research | The Board of Governors of the Royal Marsden Hospital |
| Royal Post-Graduate Medical School | The Hammersmith and Queen Charlotte’s Special Health Authority |
| Institute of Dental Surgery | The Board of Governors of the Eastman Dental Hospital |
Article 3
| Column (1) | Column (2) |
|---|---|
| Name of Authority | Hospital |
1. The Board of Governors of the Hospitals for Sick Children |
|
2. The Board of Governors of the National Hospital for Neurology and Neurosurgery |
|
3. The Board of Governors of Moorfields Eye Hospital | 3. Moorfields Eye Hospital, City Road, London EC1. |
4. The Bethlem Royal Hospital and The Maudsley Hospital Health Authority |
|
5. The Board of Governors of the National Heart and Chest Hospital |
|
6. The Board of Governors of the Royal Marsden Hospital |
|
7. The Hammersmith and Queen Charlotte’s Special Health Authority |
|
8. The Board of Governors of the Eastman Dental Hospital | 8. The Eastman Dental Hospital, London WC1. |
Article 12
| Column (1) | Column (2) |
|---|---|
| Orders Revoked | References |
| The Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order 1982 | S.I. 1982/314 |
| The Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order 1984 | S.I. 1984/188 |
| The Hammersmith and Queen Charlotte’s Special Health Authority Order 1984 | S.I. 1984/190 |
| The Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Amendment Order 1990 | S.I. 1990/833 |
(This note is not part of the Order)
This Order continues in being special health authorities for London post-graduate teaching hospitals originally established under Orders which are revoked by article 12 (article 3). It provides a new constitution for those authorities with officer and non-officer members (articles 5 to 8). Article 9 permits remuneration to be paid to non-officer members. Articles 10 and 11 make provisions relating to publicity for meetings and membership of nominees of those authorities of joint consultative committees within the meaning of section 22 of the National Health Service Act 1977.
1977 c. 49; section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31; section 22(4)(e) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 5, paragraph 2; section 126(4) was amended by the National Health Service and Community Care Act 1990, section 26(2); paragraph 9(7)(b) of Schedule 5 was inserted by the National Health Service and Community Care Act 1990 (c. 19), Schedule 1, paragraph 7(2).
1960 c. 67; see paragraph 1(f) of the Schedule.