National Health Service Act 1977

SCHEDULE 7 E+W+S Additional Provisions as to Community Health Councils

1 E+W+S It is the duty of a Community Health Council (in this Schedule referred to as a “Council”)—

(a) to represent the interests in the health service of the public in its district; and

(b) to perform such other functions as may be conferred on it by virtue of paragraph 2 below.

2 Regulations may provide as to—

(a) the membership of Councils (including the election by members of a Council of a chairman of the Council);

(b) the proceedings of Councils;

(c) the staff, premises and expenses of Councils;

[F1 (d) the consultation of Councils by [F2 Health Authorities and NHS trusts] with respect to such matters, and on such occasions, as may be prescribed;

(e) the furnishing of information to Councils by [F3 [F4 Health Authorities and NHS trusts], and the right of members of Councils to enter and inspect premises controlled by [F5 Health Authorities] or NHS trusts];

(f) the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to [F6 Health Authorities] on such matters;

(g) the preparation and publication of reports by Councils on such matters, and the furnishing and publication by [F6 Health Authorities] of comments on the reports; and]

(h) the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) above and the preceding provisions of this paragraph.

Textual Amendments

F1 Paras. (d)-(g) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 15

F2 Words in Sch. 7 para. 2(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(i) (with Sch. 2 para. 6)

F3 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(13)(b)

F4 Words in Sch. 7 para. 2(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(ii) (with Sch. 2 para. 6)

F5 Words in Sch. 7 para. 2(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(ii) (with Sch. 2 para. 6)

F6 Words in Sch. 7 para. 2(f)(g) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(iii)(iv) (with Sch. 2 para. 6)

3 E+W+S It is the Secretary of State’s duty to exercise his power to make regulations in pursuance of paragraph 2(a) above so as to secure as respects each Council that—

(a) at least one member of the Council is appointed by each local authority of which the area or part of it is included in the Council’s district, and at least half of the members of the Council consist of persons appointed by those local authorities;

(b) at least one third of the members are appointed in a prescribed manner by bodies (other than public or local authorities) of which the activities are carried on otherwise than for profit;

(c) the other members of the Council are appointed by such bodies, and in such manner and after such consultations as may be prescribed; and

(d) no member of the Council is also a member of a [F7 Health Authority.].

Textual Amendments

F7 Words in Sch. 7 para. 3(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(b) (with Sch. 2 para. 6)

4 E+W+S Nothing in paragraph 3 above affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.

5 E+W+S The Secretary of State may by regulations—

(a) provide for the establishment of a body—

(i) to advise Councils with respect to the performance of their functions, and to assist Councils in the performance of their functions; and

(ii) to perform such other functions as may be prescribed; and

(b) provide for the membership, proceedings, staff, premises and expenses of that body.

6 E+W+S The Secretary of State may pay to members of Councils and any body established under paragraph 5 above such travelling and other allowances (including compensation for loss of remunerative time) as he may determine with the consent of [F8 the Treasury].

Textual Amendments

F8 Words substituted by virtue of S.I. 1981/1670, arts. 2, 3(5)

7 In this Schedule—

• “local authority” means the council of a London borough, or of a county or district as defined in relation to England in section 270(1) of the M1 Local Government Act 1972, or [F9 the council of a Welsh county or county borough] or the Common Council of the City of London, and

• “district”, in relation to a Council, means [F10 the district for which it is established, whether the district consists of the whole or part of the area of a Health Authority or of the whole or part of the area of one Health Authority together with the whole or part of the area of one or more others,][F11 or for such an area or district or part thereof together with the areas or parts of the areas of other Area Health Authorities or the districts or parts of districts of other District Health Authorities],

and the district of a Council must be such that no part of it is separated from the rest of it by territory not included in the district.

Textual Amendments

F9 Sch. 7 para. 7: words in the definition of

“local authority”

substituted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F10 Sch. 7 para. 7: words in the definition of “district” substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(c) (with Sch. 2 para. 6)

F11 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 82(4)

Marginal Citations

M1 1972 c. 70(81:1).

F12 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 7 para. 8 omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 62(d), Sch. 3 (with Sch. 2 para. 6)