Health Services Act 1980 (c. 53)

Part II E+W+S Private Practice

[F1 Control of hospitals outside the national health service E+W+S

Textual Amendments

F1 Ss. 12–15 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

12 Meaning of “controlled premises”. X1 E+W+S

(1) In subsection (2) of the Act of 1976 (control of construction and extension of controlled premises)—

(a) for the definition of “controlled premises” there shall be substituted the following definition—

• “ “controlled premises” means hospital premises which provide or will provide beds for the use of patients, being hospital premises—

  (a)

  in the case of which the number of beds which are or will be so provided is one hundred and twenty or more; or

  (b)

  which are or are to be situated in an area designated by the Secretary of State under subsection (2A) below;”; and

(b) after the definition of “controlled works” there shall be inserted the following definitions—

• “ “ hospital premises” means premises at which there are or are to be facilities for the provision of hospital services;

• “hospital services” means all or any of the following services, namely—

  • (a) the carrying out of surgical procedures under genreral anaesthesia;

  • (b) obstetrics;

  • (c) radiotherapy;

  • (d) haemodialysis or peritoneal dialysis;

  • (e) pathology or diagnostic radiology;

• “relevant hospital premises” means hospital premises occupied otherwise than by or on behalf of the Crown or for the purposes of a visiting force”.

(2) After the said subsection (2) there shall be inserted the following subsections—

“(2A) If, on an application by a health authority, the Secretary of State is satisfied that relevant hospital premises in the whole or any part of their area or district provide or will provide, if taken together, one hunderd and twenty or more beds for the use of patients, he may, after consulting with such persons and representative bodies as appear to him to be concerned, by regulations designate the whole or, as the case my be, that part of the authority’s area or district as an area in which all hospital premises which provide or will provide beds for the use of patients shall be controlled premises; and regulations under this subsection—

(a) may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient; and

(b) shall have effect for such period not exceeding five years as may be prescribed.

(2B) in determining for the purposes of subsection (2A) above how many beds relevant hospital premises will provide, the Secretary of State shall not take into account the proposed execution of any works unless—

(a) an authorisation for the execution of those works has been granted; or

(b) a contract for the execution of those works has been entered into.

(2C) The Secretary of State shall not exercise the power conferred by subsection (2A) above unless, having regard to the matters mentioned in subsection (3)(a) of section 13 below, he considers that the execution of works which, if the power were exercised, would be controlled works would be likely to interfere as mentioned in paragraph (b) of subsection (2) of that section.”.]

Editorial Information

X1 The text of ss. 12, 13, 14(1)(a)(b)(2)-(4), 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.