it shall be the duty of the Secretary of State to secure that the duty so imposed is performed by a Regional or Area F3or District Health Authority or special health authority determined by him; and

that section shall have effect in relation to the body and period in question as if for references to each financial year in subsections F4(2) and (4) there were substituted references to that period and as if the word “annual” in subsection F4(2) were omitted.

must be made before the appointed day except in a case falling within paragraph (c) of this subsection;

shall provide for the order to cease to have effect, unless it is previously revoked, on the expiration of a period specified in the order (which shall not be longer than five years beginning with the date on which the order is made);

may be made after the appointed day in respect of a preserved Board for the purpose of securing that the Board continues to be a preserved Board for a further period; and

may at any time be revoked by order by the Secretary of State;

any provision of this Act which repeals or amends any enactment and is specified in the order shall not apply;

any enactment which, apart from any provision made by virtue of the preceding paragraph, is repealed or amended by this Act shall have effect with such modifications as are specified in the order; and

such provisions of this Act and any instrument in force by virtue of this Act as are specified in the order shall have effect with such modifications as are so specified;

provide that a preserved Board shall cease to exercise functions with respect to the administration of any hospital specified in the order;

confer on a preserved Board such functions as are specified in the order with respect to the administration of a hospital so specified (whether or not apart from the order the Board has functions with respect to the administration of that hospital); and

provide that this Act and any instrument in force by virtue of this Act shall, in relation to any person, thing, right, liability or other matter whatsoever connected with the hospital in question, have effect with such modifications as are specified in the order.

any provision of this Act which has been repealed and re-enacted by the M2National Health Service Act 1977;

any instrument in force by virtue of a provision of this Act which has been repealed and re-enacted by that M3Act of 1977.

all rights and liabilities which were acquired or incurred by a local authority wholly or mainly in the performance of its health functions and to which the authority was entitled or subject immediately before the appointed day.

make provision as to the manner of determining, and as to the matters which are to be taken into account or disregarded for the purpose of determining, whether immediately before the appointed day any property was held or held and used as mentioned in the preceding subsection or any local authority was entitled or subject to rights or liabilities acquired or incurred as there mentioned;

make provision for securing that where any premises transferred to the Secretary of State by virtue of this section contain accommodation which was used immediately before the appointed day for the purposes of functions of a local authority other than health functions, the accommodation may continue to be used by the authority for those purposes on such terms and for such period as may be agreed between the Secretary of State and the authority or, in default of agreement, as may be determined in a manner specified in the order;

make provision for securing that where any premises not transferred to the Secretary of State by virtue of this section contain accommodation which was used immediately before the appointed day for the purposes of health functions of a local authority, the accommodation may be used by the Secretary of State for similar purposes on such terms and for such period as aforesaid;

provide that such as may be specified in the order of the rights and liabilities transferred to the Secretary of State by virtue of this section shall be enforceable by and against a Regional or Area Health Authority or special health authority so specified instead of by and against the Secretary of State;

make provision as to the persons on whom shall lie the burden of proving, for the purposes of provision made by virtue of paragraph (a) of this subsection, that a particular thing was done in the ordinary course of business.

functions under Part III and section 65 of the principal Act and sections 10 to 12 of the M6Health Services and Public Health Act 1968 so far as those functions do not stand referred to social services committees by virtue of section 2 of the M7Local Authority Social Services Act 1970;

functions under the M8National Health Service (Family Planning) Act 1967 and the M9National Health Service (Family Planning) Amendment Act 1972;

functions under section 196 of the M10Public Health Act 1936 so far as those functions relate to the diagnosis and treatment of diseases; and

functions under the enactments mentioned in section 41(1) of this Act; and

except in relation to functions mentioned in paragraph (d) above and functions of the Greater London Council, any authority which immediately before the passing of this Act was a local health authority;

in relation to functions mentioned in paragraph (d) above, a local authority within the meaning of section 41 of this Act;

in relation to functions of the Greater London Council, that Council.

for requiring any such authority, body or Council as is mentioned in sub-paragraphs (i) to (v) of the preceding paragraph and is designated by or under the order to make, after consulting new health authorities so designated if the order requires them to be consulted, schemes for the transfer on the appointed day to the employment of new health authorities designated by or under the schemes of persons designated by or under the schemes who were employed as mentioned in the preceding paragraph;

for any scheme made in pursuance of the preceding paragraph to be varied or revoked, at any time before the appointed day, by a subsequent scheme so made;

for requiring an authority or other person by whom a scheme is made in pursuance of this subsection to submit the scheme or provisions of it to the Secretary of State for his approval, and for requiring the authority or other person to make, before the appointed day, such changes in the scheme as the Secretary of State may direct.

for the transfer on the appointed day to the employment of new health authorities of persons to whom this subsection applies;

for requiring public health authorities designated by or under the order to make schemes for the transfer on the appointed day, to the employment of new health authorities designated by or under the schemes, of persons to whom this subsection applies;

as to the manner of determining whether an individual is a person to whom this subsection applies and which authority is the new health authority to whose employment such a person is to be transferred;

for determining, in the case of a person who apart from provision made by virtue of this paragraph falls to be transferred to the same employment or different employments by virtue of this subsection and any other provision of this Act, which of the provisions in question are not to apply in his case;

persons employed immediately before the appointed day wholly or mainly in premises provided in pursuance of section 196 of the M16Public Health Act 1936 (which relates to laboratories) and transferred to the Secretary of State by section 16 of this Act.

to the employment of bodies who are local authorities for the purposes of the M17Local Authority Social Services Act 1970 of persons of descriptions specified in the order who are for the time being employed by old health authorities or new health authorities wholly or mainly for the purposes of functions which stand referred to social services committees by virtue of section 2 of that Act;

to the employment of new health authorities of relevant staff and speech therapists who are for the time being employed wholly or mainly for the purposes mentioned in the preceding paragraph by bodies who are such local authorities as are there mentioned;

were employed by an old health authority, or by another authority in its capacity as a local health authority, immediately before the date when the authority ceased to exist or to be a local health authority; and

are not on that date transferred to the employment of a new health authority by virtue of any provision of subsections (1) to (4) of this section.

that, while he is in the employment of that body and has not been served with a notice in writing stating that it is served for the purposes of this subsection and specifying such new terms and conditions of employment as are mentioned in the following paragraph, the scale of his remuneration and, taken as a whole, the other terms and conditions of his employment by that body are not less favourable to him than were immediately before the transfer those of the employment from which the transfer was made;

that for the purposes of any enactment specified in the order the employments from which and to which he was tranferred by virtue of the preceding section are treated as one continuous employment;

for the determination of any question arising in connection with the order as to whether a person is or was employed in a particular capacity or wholly or mainly for particular purposes;

for enabling any person who objects, on such grounds as may be specified in the order, to his transfer in pursuance of the order or a scheme made by virtue of the order to make in respect of the transfer representations to whichever of the two Commissions appointed in pursuance of the following section is appropriate in his case, and for requiring the Commission to advise the person who made the order or scheme or, if that person has ceased to exist, to advise the Secretary of State on whether it would be appropriate in consequence of the representations to amend the order or scheme before the day when transfers take effect in pursuance of it or to transfer a person on or after that day from the employment to which he is transferred in pursuance of the order or scheme;

shall consist respectively of such persons as the Secretary of State may from time to time appoint as members of the Commission after consulting any bodies appearing to him to represent persons employed in England or, as the case may be, employed in Wales who are liable to transfer in pursuance of section 18 of this Act and any other bodies appearing to him to be concerned with transfers of such persons in pursuance of that section; and

shall in the case of the National Health Service Staff Commission exercise its functions in relation to England and in the case of the other Commission exercise its functions in relation to Wales.

to keep under review the arrangements made by relevant bodies for recruiting and engaging employees and the arrangements made for transfers in pursuance of section 18 of this Act and to give advice to the Secretary of State and the relevant bodies with respect to the arrangements;

to consider and advise the Secretary of State on any matter which he refers to the Commission as being a matter which in his opinion arises in connection with persons liable to transfer in pursuance of section 18 of this Act;

to consider and advise the Secretary of State on the steps required to safeguard the interests of persons liable as aforesaid; and

to arrange for the consideration of representations made to the Commission in pursuance of provision made by virtue of paragraph (b) of subsection (4) of the preceding section and for the giving of advice in pursuance of provision so made;

give directions to each Commission with respect to its procedure;

give directions to relevant bodies with respect to the furnishing by them of information requested by the appropriate Commission and with respect to the action to be taken by them in consequence of advice given by that Commission;

pay to any member of either Commission such remuneration as the Secretary of State may determine with the approval of the Minister for the Civil Service;

defray any expenses incurred with his approval by either Commission in the performance of its functions; and

wind up either Commission in such manner and at such time as he thinks fit;

to become responsible for the administration of a hospital or group of hospitals controlled and managed by a Hospital Management Committee which is not a University Hospital Management Committee; and

not to become responsible on that day for the administration of any hospital which immediately before that day was controlled and managed by a University Hospital Management Committee or a Board of Governors,

to property which is transferred under section 23 of this Act; and

to property which is transferred under section 24 of this Act and which immediately before the appointed day was, in accordance with any provision contained in or made under section 7 of the principal Act, applicable for purposes relating to hospital services or relating to some form of research,