Sch. 1 para. 34(c) repealed (21.12.1995) by 1995 c. 31, s. 14(2), Sch.; S.I. 1995/3090, art. 2, Sch.
Sch. 1 para. 63 repealed (21.12.1995) by 1995 c. 31, s. 14(2), Sch.; S.I. 1995/3090, art. 2, Sch.
Sch. 1 para. 103 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I
Sch. 1 para. 112 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39 (with s. 1(4))
Sch. 1 para. 124 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39 (with s. 1(4))
Part III does not extend to the Colonies.
Sch. 1 does not extend to the Colonies; the amending/repealing provisions within Sch. 1 are co-extensive with the enactments they affect see s.9(2).
Sch. 3: amending/repealing provisions are co-extensive with the enactments they affect see s. 9(2).
Schs. do not extend to the Colonies.
Sch. 1 para.96 does not extend to the Colonies.
Section 2(1).
The
In section 11 (special health authorities)—
in subsection (1), for “an District Health Authority or a Family Practitioner Committee” substitute
in subsection (3), for “special health authority” substitute
for the sidenote substitute
Section 12 (supplementary provisions about health authorities) shall be renumbered as subsection (2) of that section and—
before that subsection as so renumbered insert—
Every Health Authority shall make arrangements for securing that they receive from— medical practitioners, registered nurses and registered midwives; and other persons with professional expertise in and experience of health care, advice appropriate for enabling the Health Authority effectively to exercise the functions conferred or imposed on them under or by virtue of this or any other Act.
in that subsection as so renumbered, for paragraphs (a) to (c) substitute—
Health Authorities established under section 8 above; and any Special Health Authority established under section 11 above.
in the sidenote, for “to” substitute
In section 13 (Secretary of State’s directions)—
in subsection (1)—
for the words from “Regional” to “authority” substitute
omit “(subject to section 14 below)”, and
for “body in question” substitute
in subsection (2), omit paragraph (b) and the word “but” immediately preceding it.
Omit section 14 (Regional Health Authority’s directions).
In section 15 (duty of Family Health Services Authority)—
in subsection (1)—
for the words from “each” to “Regional Health Authority” substitute
for “locality” substitute
omit subsection (1A),
in subsection (1B)—
for “practices” substitute
for “Family Health Services Authority” substitute
for “Authority”, in each other place, substitute
for “Authority’s” substitute
for “Authorities” substitute
for “locality” (in both places) substitute
after that subsection insert—
In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.
for the sidenote substitute
For section 16 substitute—
Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the on behalf of the Health Authority— by another Health Authority; by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority; by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities; by a Special Health Authority; or by an officer of a Special Health Authority; or by the Health Authority jointly with one or more other Health Authorities. Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable— on behalf of the Special Health Authority— by another Special Health Authority; by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or by the Special Health Authority jointly with one or more other Special Health Authorities.
For section 17 substitute—
The Secretary of State may give directions with respect to the exercise— by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.
In section 18 (general provisions about directions)—
in subsection (1), for “13 to 17” substitute
omit subsection (2),
in subsection (3)—
for “13” substitute
for “a body or” substitute
for the sidenote substitute
In section 19 (local advisory committees)—
in subsection (1), omit—
“, or for the region of a Regional Health Authority,”, and
“or of the region”,
in subsection (2), omit paragraph (b),
omit subsection (3),
in subsection (4), for “subsections (1) and (3)” substitute
in the sidenote and the heading immediately preceding that section, for “Local advisory committees” substitute
In section 20 (Community Health Councils)—
in subsection (1), for the words from “section” to “those Authorities” substitute
in subsection (2)—
in paragraph (a), for the words from “Area Health Authorities” to “District Health Authorities” substitute
in paragraph (b), for “an Area Health Authority or of the district of a District Health Authority” substitute
In section 22 (co-operation between health authorities and local authorities)—
in subsection (1), for “health authorities, Family Practitioner Committees and local authorities” substitute
in subsection (2), after “who shall” insert
omit the Table,
for subsection (3) substitute—
Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee). For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.
in subsection (4)(b), for the words from “an Area” to the end substitute
In section 23 (voluntary organisations and other bodies), in subsection (2), for “health authority” substitute
In section 26 (supply of goods and services by Secretary of State)—
for “health authority” (in each place) substitute
in subsection (4)(b), for “health authorities” substitute
In section 27 (conditions of supply under section 26)—
in subsection (1), for “health authority” (in both places) substitute
in subsection (3)—
for “health authorities” substitute
for “health authority’s duty” substitute
In section 28 (supply of goods and services by local authorities)—
in subsection (1), for “health authority” substitute
in subsection (3), for “health authorities” (in both places) substitute
In section 28A (power to make payments towards expenditure on community services)—
in subsection (1), for the words from “authorities” to “established” substitute
authorities—
a Health Authority; and a Special Health Authority established
in subsection (7)(a), for “districts” substitute
In section 29 (arrangements and regulations for general medical services)—
in subsection (1)—
for “Family Practitioner Committee” substitute
for “locality” (in both places) substitute
in subsection (2)—
in paragraph (e), for “locality” (in both places) substitute
in paragraph (f), for “in the locality of a Family Practitioner Committee” substitute
in subsection (6)—
for “a locality” substitute
for “the locality” substitute
In section 30 (applications to provide general medical services)—
in subsection (1)—
for “Family Practitioner Committee” substitute
for “that Committee of” substitute
for “Committee’s locality” substitute
for “the Committee” substitute
for “that Committee shall” substitute
in subsection (1A)—
for “Family Practitioner Committee” (in each place) substitute
for “Committee’s locality” substitute
In section 31 (requirement of suitable experience), in subsection (1)(b)—
for “Family Practitioner Committee” (in both places) substitute
for “Committee’s locality” substitute
for “their locality” substitute
In section 32 (regulations as to section 31), in subsection (3)(a), for “localities” substitute
In section 33 (distribution of general medical services)—
in subsection (1), for “locality of the Family Practitioner Committee concerned or in the relevant part of that locality” substitute
in subsection (1A), for “Family Health Services Authorities for localities” (in both places) substitute
in subsection (2), for “locality or part of a locality” substitute
in subsection (2A)—
for “locality of a Family Health Services Authority” substitute
for “the Authority” (in both places) substitute
in subsection (3)—
for “Family Practitioner Committee” (in both places) substitute
for “locality” substitute
in subsection (4)(b), for “Family Practitioner Committee’s locality” substitute
in subsection (8)—
for “Family Health Services Authority” substitute
for “locality” substitute
In section 34 (regulations for Medical Practices Committee)—
the provisions preceding subsection (2) shall be renumbered as subsection (1) of that section, and
in that subsection as so renumbered—
for “Family Practitioner Committees” (in both places) substitute
for “localities” (in both places) substitute
In section 35 (arrangements for general dental services), in subsection (1)—
for “Family Practitioner Committee” substitute
for “locality” (in both places) substitute
In section 36 (regulations as to section 35)—
in subsection (1)(d), for “locality” (in both places) substitute
in subsection (2)—
for “Family Practitioner Committee” substitute
for “the Committee” substitute
for “Committee’s locality” substitute
In section 37 (Dental Practice Board), in subsection (1)(b), for “an Area or District Health Authority” substitute
In section 38 (arrangements for general ophthalmic services), in subsection (1)—
for “Family Practitioner Committee” substitute
for “locality” substitute
In section 39 (regulations as to section 38), in paragraph (d), for “locality” (in both places) substitute
In section 41 (arrangements for pharmaceutical services)—
for “Family Practitioner Committee” substitute
for “locality” (in both places) substitute
for “by a health authority or an NHS trust of dental services” substitute
In section 42 (regulations as to pharmaceutical services)—
in subsection (1)—
for “Family Practitioner Committee” substitute
for “Committee’s locality” substitute
in subsection (2)—
for “a Committee” (in both places) substitute
for “Committee’s locality” substitute
for “Committee is” substitute
in subsection (3)—
for “Committee” (in each place) substitute
for “Committee’s locality.” substitute
for “Family Health Services Authority in whose locality” substitute
for “that Family Health Services Authority may give its” substitute
In section 43 (persons authorised to provide pharmaceutical services), in subsection (1), for “a Family Practitioner Committee” substitute
In section 44 (recognition of local representative committees)—
in subsection (1)—
for “Family Health Services Authority is satisfied” substitute
for “its locality” substitute
for “locality”, in each other place, substitute
for “the Family Health Services Authority” substitute
in subsection (2), for “Family Health Services Authority” substitute
In section 45 (functions of local representative committees)—
for “Family Practitioner Committee” (in each place) substitute
in subsection (1), for “a locality” substitute
in subsection (2), for “locality” substitute
In section 46 (disqualification of practitioners)—
in subsections (1) and (2), for “a Family Practitioner Committee” substitute
in subsection (2), for “other Family Practitioner Committee” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 51 (university clinical teaching and research) shall be renumbered as subsection (1) of that section and—
in that subsection as so renumbered, for “make available, in premises provided by him by virtue of this Act,” substitute
after that subsection insert—
Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies. For the purposes of subsection (2) above the following are relevant health service bodies— Health Authorities; Special Health Authorities; and NHS trusts.
In section 54 (prohibition on sale of medical practices), for subsections (2) to (4) substitute—
Subsection (1) above does not render unlawful the sale by a medical practitioner of the whole or part of the goodwill of a medical practice (or part of a medical practice) if— his name has ceased to be entered on any list of medical practitioners undertaking to provide general medical services; and he has not at any time carried on the practice (or the part of the practice) anywhere which was, at a time when he provided services pursuant to arrangements with any Council, Committee or Authority, within the area, district or locality of the Council, Committee or Authority. Subsection (1) above does not render unlawful the sale of, or of any part of, the goodwill of a medical practice by a medical practitioner by reason only that the goodwill, or any part of the goodwill, to be sold is attributable to a practice previously carried on by a person whose name was entered on a list of medical practitioners undertaking to provide general medical services. In this section “general medical services” includes the services so described provided pursuant to the provisions of the
In section 56 (inadequate services)—
for “the locality of a Family Practitioner Committee or part of the locality of such a Committee” substitute
for the words from “in question” to “are not” substitute
for “the Family Practitioner Committee” substitute
In section 65 (accommodation and services for private patients)—
in subsection (1)—
for “District or Special Health Authority” substitute
for the words from “available, such charges” to “satisfied” substitute
for “the Authority of any function conferred on the Authority under” substitute
in subsection (1A), for “District or Special Health Authority” substitute
in subsection (2), for “A District or Special Health Authority” substitute
in subsection (3)—
for “District or Special Health Authority” substitute
for “an authority” substitute
In section 83 (sums payable to persons providing services), for—
the words in paragraph (a) from “a Regional” to “Committee”, and
the words in paragraph (b) from “an Area” to “Committee”,
substitute
In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(c), for “District Health Authority” (in both places) substitute
In section 85 (default powers), in subsection (1), for paragraphs (a) to (g) substitute—
a Health Authority; a Special Health Authority; an NHS trust; the Medical Practices Committee; or the Dental Practice Board;
In section 90 (gifts on trust), for “health authority” substitute
In section 91 (private trusts for hospitals), in subsection (3)(b), for “District Health Authority” substitute
In section 92 (further transfers of trust property)—
in subsection (1)—
for “health authority”, in the first place, substitute
for the words from “from any health authority” to the end substitute
after that subsection insert—
In this section “ a Health Authority; a Special Health Authority; an NHS trust; special trustees; or trustees for an NHS trust.
in subsection (2)—
for “one or more health authorities or NHS trusts” substitute
for the words from “health authority” to the end substitute
in subsection (3), for “health authorities or NHS trusts and special trustees” substitute
in subsection (4), for “authorities or NHS trusts” substitute
In section 96 (trusts: supplementary provisions), in subsection (1A), for “health authority” substitute
In section 96A (power to raise money by appeals, collections etc.)—
in subsection (1), for—
“health authority”, and
“authority”,
substitute
in subsections (3) and (4), for “health authority, NHS trust or Board” substitute
in subsection (5), for “District Health Authority” substitute
in subsection (6), omit the words from “to another” to “for an NHS trust”,
in subsections (7) to (9), for—
“health authority, NHS trust or Board” (in each place), and
“authority, NHS trust or Board” (in each place),
substitute
in subsection (8), omit—
“or by a Regional Health Authority”, and
“or that Authority”.
For section 97 substitute—
It is the duty of the Secretary of State to pay to each Health Authority sums equal to expenditure of the Health Authority which— is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act; but is not expenditure within subsection (2) below. It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act which are expenses— incurred in connection with the provision of the services (or in giving instruction in matters relating to the services); and of a description specified in the allotment. It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which— is attributable to the performance by the Health Authority of their functions in that year; but is not expenditure within subsection (1) or (2) above. It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year. An amount is allotted to a Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made. The Secretary of State may give directions to a Health Authority or Special Health Authority with respect to— the application of sums paid to them under subsections (1) to (3), or subsection (4), above; the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; or the application by them of sums received by them by virtue of section 15(7)(a) of the Where directions have been given to a Health Authority or Special Health Authority under subsection (6) above it is the duty of the Health Authority or Special Health Authority to comply with the directions. Where an order establishing a Special Health Authority provides for any expenditure of the Special Health Authority to be met by a Health Authority or by two or more Health Authorities in portions determined by or in accordance with the order, it is the duty of the Health Authority, or each of the Health Authorities, to pay to the Special Health Authority sums equal to, or to the appropriate portion of, that expenditure. Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.
For section 97A substitute—
It is the duty of every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Health Authority which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of— the amounts allotted to them for that year under subsections (2) and (3) of that section; any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure. It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of— the amount allotted to them for that year under subsection (4) of section 97 above; any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure. The Secretary of State may give such directions to a Health Authority or Special Health Authority as appear to be requisite to secure that the Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above. Directions under subsection (3) above may be specific in character. Where directions have been given to a Health Authority or Special Health Authority under subsection (3) above it is the duty of the Health Authority or Special Health Authority to comply with the directions. To the extent to which— any expenditure is defrayed by a Health Authority or Special Health Authority as trustee or on behalf of a Health Authority or Special Health Authority by special trustees; or any sums are received by a Health Authority or Special Health Authority as trustee or under section 96A above, that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section. For the purposes of this section sums which, in the hands of a Health Authority or Special Health Authority, cease to be trust funds and become applicable by the Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Health Authority or Special Health Authority otherwise than as trustee. Of the sums received by a Health Authority or Special Health Authority under section 96A above so much only as accrues to the Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above. Subject to subsection (6) above, the Secretary of State may by directions determine— whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a Health Authority or Special Health Authority of a description specified in the directions; whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as— expenditure within subsection (1) above of a Health Authority of a description so specified; or expenditure within subsection (2) above of a Special Health Authority of a description so specified; or the extent to which, and the circumstances in which, sums received— by a Health Authority under subsections (1) to (3) of section 97 above; or by a Special Health Authority under subsection (4) of that section, but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.
Omit section 97B (financial duties of Family Health Services Authorities in Wales).
In section 98 (accounts and audit)—
in subsection (1), for paragraphs (a) to (cc) substitute—
every Health Authority; every Special Health Authority; every NHS trust;
in subsection (2A)—
for “District Health Authority” substitute
for “Authority’s district” substitute
for “Authority is the prescribed Authority” substitute
in the subsection numbered (2B) which was inserted by section 20(2)(b) of the
after “paid” insert
for “Family Health Services Authority” (in both places) substitute
for “the Authority” substitute
omit subsection (5).
In section 99 (regulation of financial arrangements), in subsection (1), for paragraphs (a) to (d) substitute—
Health Authorities, Special Health Authorities,
In section 103 (special arrangement as to payment of remuneration), in subsection (3), for “Family Health Services Authority which, under Part II of this Act, has” substitute
In section 104 (superannuation of officers of certain hospitals), in subsection (1)(a), for “Area or District Health Authorities” substitute
In section 105 (payments for certain medical examinations), in subsection (2)(b), for “health authority” substitute
In section 124 (special notices of births and deaths)—
in subsection (2)—
for the words from “prescribed” to “includes” substitute
for “Authority’s area or district as are entered (on and after 1st April 1974)” substitute
in subsection (4), for the words from “prescribed” to “district” substitute
in subsection (5)—
for the words from “prescribed” to “office” substitute
for “that officer’s office” substitute
for “an Area or District Health Authority” substitute
omit “or district”,
in subsection (6), for “Area or District Health Authority” substitute
in subsection (7), for “medical officer” substitute
In section 125 (protection of members and officers of authorities), for paragraphs (a) to (d) substitute—
a Health Authority, a Special Health Authority, and an NHS trust,
In section 126 (regulations and directions: general provisions), for the second sentence of subsection (3) substitute—
Directions given by the Secretary of State in pursuance of any provision of this Act or Part I of the In relation to directions given in pursuance of sections 11 to 17 above section 18 above applies in place of subsections (3) and (3A) above.
In section 128 (interpretation), in subsection (1)—
omit the definitions of “District Health Authority” and “health authority”, and
after the definition of “functions” insert—
“fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990;
In Schedule 5 (authorities), insert as Part I (and in substitution for the existing heading of the Schedule)—
Health Authorities and Special Health Authorities
A Health Authority shall consist of— a chairman appointed by the Secretary of State; not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and a prescribed number of officers of the Health Authority. Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above— must hold posts of a prescribed description; or must fulfil any other prescribed conditions. Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either— hold an office of the Health Authority of a prescribed description; or be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above. Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.
In Part III of that Schedule (supplementary provisions about authorities)—
in paragraph 8, for the words from “Regional” to “Committee” substitute
in paragraph 9—
in sub-paragraph (1), omit “or a Regional Health Authority”, and
in sub-paragraph (7), for the words from “means” to “which is specified” substitute
means—
a Health Authority; or any Special Health Authority which is specified
in paragraph 10—
in sub-paragraph (1)(b), after “employ” insert
in sub-paragraph (3), omit paragraphs (b) and (d),
in paragraph 11, omit—
in sub-paragraph (2), “or, as the case may be, a Regional Health Authority’s,”, “or the Authority” (in both places), “or itself” and “or paragraph (d)”, and
in sub-paragraph (3), “or Regional Health Authority” and “or paragraph (b)” and “or the Authority” (in both places),
in paragraph 12(b), omit “, and the exercise of functions by,”,
in paragraph 12A, for the words from “or Schedule 1” to “those Schedules)” substitute
omit paragraph 15(3).
In Schedule 6 (local advisory committees)—
in paragraph 1(1), omit “, or for the region of a Regional Health Authority, or the area or district of an Area or District Health Authority,”,
in paragraph 2, omit “or (3)”,
omit paragraph 4,
in paragraph 5—
for “An Authority” substitute
for “paragraphs 3 or 4” substitute
for “the Authority” substitute
omit the second sentence, and
in the heading, for “Local Advisory Committees” substitute
In Schedule 7 (Community Health Councils)—
in paragraph 2—
in paragraph (d), for the words from “Regional” to “Committees” substitute
in paragraph (e), for the words from “Regional” to “Services Authorities” substitute
in paragraph (f), for “such Authorities and Committees” substitute
in paragraph (g), for “such Authorities or Committees” substitute
in paragraph 3(d), for the words from “Regional” to the end substitute
in paragraph 7, in the definition of “district”, for the words from “the locality” to “District Health Authorities” substitute
omit paragraph 8.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 14 (transitional provisions and savings), in paragraph 13—
in sub-paragraph (1)(b), for the words from “paragraphs” to “152” substitute
in sub-paragraph (2)—
after “this Act” insert
for “131” substitute
The
In section 1 (regional and district health authorities), in subsection (3), for “Part III of Schedule 5 to the principal Act” substitute
In section 3 (primary and other functions of health authorities etc. and exercise of functions)—
for subsection (1) substitute—
Any reference in this Act to the primary functions of a Health Authority or Special Health Authority is a reference to those functions for the time being exercisable by the Health Authority or Special Health Authority by virtue of— directions under section 11 or 13 of the principal Act; section 15 or Part II of the principal Act; or any provision of this Act (apart from subsection (2) below).
in subsection (2), for—
“Regional, District or Special Health Authority or a Family Health Services Authority”, and
“authority”,
substitute
in subsection (5), for—
“Regional, District or Special Health Authority”, and
“authority”,
substitute
in subsection (6)—
in paragraph (a), for “Regional, District or Special Health Authority” substitute
in paragraph (b), for “health authority” substitute
in the words following that paragraph, for “the authority” substitute
in subsection (8), for—
“Regional, District or Special Health Authority”, and
“authority”,
substitute
In section 4 (NHS contracts), in subsection (2)—
for paragraph (a) substitute—
a Health Authority; a Special Health Authority;
omit paragraph (d).
In section 5 (NHS trusts)—
in subsection (1), for “Regional, District or Special Health Authorities” substitute
for subsections (2) to (4) substitute—
No order shall be made under subsection (1) above until after the completion of such consultation as may be prescribed.
in subsection (6), for “health authorities” substitute
in subsection (7), the words from “and, without prejudice” onwards shall follow (rather than form part of) paragraph (f).
In section 6 (transfer of staff to NHS trusts)—
for “health authority” (in each place) substitute
in subsection (4)(a), for “health authority’s rights, powers, duties and liabilities” substitute
In section 7 (supplementary provisions as to transfer of staff), in subsection (1)(b), for “health authority” substitute
In section 8 (transfer of property, rights and liabilities to NHS trusts), for “health authority” (in each place) substitute
In section 14 (recognition of fund-holding practices of doctors)—
in subsections (1) and (2), for “relevant Regional Health Authority” substitute
omit subsections (3) to (5), and
in subsection (6), omit paragraph (d).
In section 15 (payments to recognised fund-holding practices)—
for subsection (1) substitute—
In respect of each financial year, every Health Authority shall be liable to pay to the members of each recognised fund-holding practice in relation to which they are the relevant Health Authority a sum determined by the Secretary of State in such manner and by reference to such factors as the Secretary of State may direct (in this section referred to as an “allotted sum”).
omit subsection (2),
in subsection (3), omit “or subsection (2)”,
for subsection (4) substitute—
In any case where— a Health Authority make a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and some of the individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board, the Health Authority making the payment shall be entitled to recover from that other Health Authority, or from that Health Board, an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.
omit subsection (5),
in subsection (7)—
in paragraph (a), for “Regional Health Authority”, and
in paragraph (c), for “District Health Authority”,
substitute
omit subsection (8), and
in subsection (9), for—
“Family Health Services Authority”, and
“Authority”, in the other place,
substitute
In section 16 (renunciation and removal of recognition as a fund-holding practice and withholding of funds)—
in subsection (2), omit—
“the relevant Regional Health Authority or, as the case may be,”, and
“the Regional Health Authority or, as the case may be,”,
in subsection (3)(b), omit the words from the beginning to “Authority;”,
in subsection (4)—
for “District Health Authorities” substitute
omit “the Regional Health Authority or, as the case may be,”,
omit subsection (5),
in subsection (6), for the words from “Regional” to the end substitute
omit subsection (7).
In section 17 (transfer of functions relating to recognised fund-holding practices)—
in subsection (1)—
omit “a Regional Health Authority or, in Wales,”, and
for “Family Health Services Authority” substitute
in subsection (2), for “Family Health Services Authority” substitute
after that subsection insert—
Where regulations under this section provide for any function of the Secretary of State to become a function of a Health Authority, the regulations may make provision for and in connection with appeals against any decision made, or other thing done, in exercise of the function.
In section 18 (indicative amounts)—
in subsection (1), for—
“Family Health Services Authority” (in both places), and
“Authority”,
substitute
in subsections (4), (5) and (7), for “Family Health Services Authority” substitute
In section 20 (extension of functions of Audit Commission to cover health service), in subsection (1)(a), for “health authorities” substitute
In section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies)—
in subsection (2), for paragraph (a) substitute—
Health Authorities; Special Health Authorities;
in subsections (3)(a), (4)(b) and (5), for “health authority” substitute
In section 46 (local authority plans for community care services), in subsection (2)—
in paragraph (a), for “District Health Authority the whole or any part of whose district” substitute
omit paragraph (b).
In section 47 (assessment of needs for community care services), in subsection (3), for “District Health Authority” (in each place) substitute
In section 49 (regulations for the transfer of staff from the health service to local authorities), in subsection (4)(b), for “Regional, District or Special Health Authority” substitute
In section 60 (removal of Crown immunities), in subsection (7)—
for paragraph (a) substitute—
a Health Authority established under section 8 of the a Special Health Authority established under section 11 of that Act;
omit paragraph (d).
In section 62 (Clinical Standards Advisory Group), in subsection (7)—
in the definition of “health service body”—
for paragraph (i) substitute—
a Health Authority established under section 8 of the a Special Health Authority established under section 11 of that Act;
at the end of paragraph (iv) insert
omit paragraph (vi) and the word “and” immediately preceding it, and
in the definition of “services”, for paragraph (a) substitute—
in England and Wales by virtue of— directions under section 13 of the Part II of that Act; or section 5 of this Act; or
In Schedule 2 (NHS trusts)—
in paragraph 3(1)(f), for “health authority which is” substitute
in paragraph 4—
in sub-paragraph (1), for “Regional, District or Special Health Authority” substitute
in sub-paragraph (2), for “Regional, District or Special Health Authority’s functions” substitute
in paragraph 5(3), for “Regional, District or Special Health Authority” substitute
in paragraph 6(2)—
in paragraph (e), for “health authorities” (in both places) substitute
at the end (but not as part of paragraph (f)) insert
in paragraph 13, for “Regional, District or Special Health Authority” substitute
in paragraph 19(1)—
in paragraph (c), for “District Health Authority”, and
for “Authority”, in the other place,
substitute
in paragraph 30, in sub-paragraph (1), for paragraph (b) substitute—
a Health Authority, or a Special Health Authority, or
and, in sub-paragraph (2), for “health authority” substitute
in paragraph 31, for “or health authority” substitute
In section 4 of the
The
In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), for “District Health Authority” substitute
In the sixth Schedule (transitional provisions), omit paragraphs 7 to 9.
In the second Schedule to the
15. Officer of a Health Authority, a Special Health Authority or any other body constituted under the The Health Authority, Special Health Authority or other body. 15A. Officer of a Health Board, the Common Services Agency for the Scottish Health Service or any other body constituted under the The Health Board, Agency or other body.
and, in paragraph 16, for the entry in the second column substitute
In section 57 of the
In the first Schedule to the
records of trust property passing to a Health Authority or Special Health Authority by virtue of the Health Authorities Act 1995 or under section 92 of the
In the Schedule to the
Health Authorities, except as regards the exercise of functions under the if the order establishing a Special Health Authority so provides, the Special Health Authority;
In section 1 of the Human Tissue Act 1961 (removal of parts of bodies for medical purposes), in subsection (10)(a), for “has the meaning given by section 128(1) of the National Health Service Act 1977” substitute
In Schedule 3 to the
for the words from “Regional” to “special health authority” substitute
omit “a Family Practitioner Committee,”.
In section 28 of the
in subsection (5)(d), for the words from “Regional” to “special health authority” substitute
in subsection (6), in the second sentence, in paragraph (c), for the words from “Regional” to “special health authority” substitute
The
In section 63 (provision of instruction for officers of hospital authorities etc.)—
in subsection (1)(a), for the words from “Regional” to “special health authority” substitute
in subsection (2)(b), for “a Family Practitioner Committee” substitute
after subsection (5) insert—
The Secretary of State may by regulations provide for any functions exercisable by a Health Authority or Special Health Authority under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation to regulations made under this subsection as if this subsection were contained in that Act. For the purposes of subsection (5A) above the following are relevant health service bodies— Health Authorities; Special Health Authorities; and NHS trusts.
after subsection (8) insert—
Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.
In section 64 (financial assistance to voluntary organisations), in subsection (3)(b), for “a Family Practitioner Committee is, by virtue of Part IV of the
In section 86 of the
The
In section 113 (placing of staff of local authorities at disposal of other authorities), in subsection (1A), for—
“Regional Health Authority, Area Health Authority District Health Authority or special health authority”,
“Regional Area or District Health Authority or special health authority”, and
“Regional Area or District Health Authority or the special health authority”,
substitute
In section 261 (remuneration of certain employees), in subsection (7), for the words from “the National” to “section 24” substitute
The
In section 60 of the
In Schedule 1 to the
In section 2 of the
The
In section 17A (NHS contracts), in subsection (2)—
for paragraph (f) substitute—
Health Authorities established under section 8 of the Special Health Authorities established under section 11 of the
omit paragraph (i).
In section 17B (reimbursement of Health Boards’ costs), in subsection (1), for “District or Special Health Authority” substitute
In section 87A (recognition of fund-holding practices of doctors), in subsection (4)(g), for “Family Health Services Authority established under section 10” substitute
In section 87B (payments to recognised fund-holding practices), in subsection (3)—
in paragraph (b), for “region of a Regional Health Authority” substitute
for “the Authority” substitute
In section 87D (indicative amounts for doctors’ practices), in subsection (7), for “Family Health Services Authority established under section 10” substitute
In Schedule 7A (NHS trusts)—
in paragraph 6(2), at the end (but not as part of paragraph (f)) insert
in paragraph 22(1)—
in paragraph (c), for “District Health Authority within the meaning” substitute
for “or Authority” substitute
In Schedule 15 (transitional provisions and savings), in paragraph 10(b)—
omit “94(b),”, and
for “135(a) to (c)” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 16 of the
in England and Wales, Health Authorities;
In Schedule 1 to the
A Special Health Authority
In section 12 of the
for “Family Health Services Authority” substitute
for “Authority’s” substitute
The
In section 23 (discharge of patients)—
in subsection (3), for the words from “Regional” to the end substitute
in subsection (5)(a), for—
“a District or Special Health Authority”, and
“such an authority”,
substitute
In section 24 (visiting and examination of patients), in subsection (3)—
for “Regional Health Authority, District Health Authority National Health Service trust or special health authority” substitute
for “authority or trust” substitute
In section 32 (regulations), in subsection (3), for “Regional Health Authorities, District Health Authorities National Health Service trusts or special health authorities” substitute
In section 39 (information as to hospitals)—
in subsection (1)—
for “Regional Health Authority” (in both places) substitute
for “the region” substitute
for “that Authority has” substitute
for “its region” substitute
for “that Authority shall” substitute
omit subsection (2).
In section 65 (Mental Health Review Tribunals), for subsection (1) substitute—
There shall be tribunals, known as Mental Health Review Tribunals, for the purpose of dealing with applications and references by and in respect of patients under the provisions of this Act. There shall be— one tribunal for each region of England, and one tribunal for Wales. The Secretary of State— shall by order determine regions for the purpose of subsection (1A)(a) above; and may by order vary a region determined for that purpose; and the Secretary of State shall act under this subsection so as to secure that the regions together comprise the whole of England. Any order made under subsection (1B) above may make such transitional, consequential, incidental or supplemental provision as the Secretary of State considers appropriate.
In section 79 (interpretation of Part V), after subsection (6) insert—
In this Part of this Act any reference to the area of a tribunal is— in relation to a tribunal for a region of England, a reference to that region; and in relation to the tribunal for Wales, a reference to Wales.
In section 117 (after-care)—
in subsection (2), for “District Health Authority” (in both places) substitute
in subsection (3), for the words from “section” to “for the area” substitute
In section 121 (Mental Health Act Commission)—
in subsection (1), for “special health authority” substitute
in subsection (11), for “health authorities” substitute
In section 134 (correspondence of patients), in subsection (3)(e), for “health authority within the meaning of the
In section 139 (protection for acts done in pursuance of that Act), in subsection (4), for “health authority within the meaning of the National Health Service Act 1977” substitute
In section 140 (notification of hospitals having arrangements for reception of urgent cases)—
for “Regional Health Authority and in Wales every District Health Authority” substitute
for “region or district, as the case may be, of the Authority” substitute
for “to the Authority” substitute
In section 143 (regulations, orders and rules), in subsection (2), after “54A” insert
In section 145 (interpretation), in subsection (1)—
after the definition of “approved social worker” insert—
“
in paragraph (a) of the definition of “the managers”, for “District Health Authority or special health authority” substitute
after the definition of “restriction order” insert—
“
The
In section 1 (authorities administering that Act), in subsection (4), for paragraph (b) substitute—
Health Authorities or Special Health Authorities,
In section 11 (cases of notifiable disease and food poisoning to be reported), in subsection (3)—
in paragraph (a), for “District Health Authority within whose district” substitute
in paragraph (b)(ii)—
for “District Health Authority for the district” substitute
for “that Authority is” substitute
In section 12 (fees for certificates under section 11), in subsection (1), for “District Health Authority” substitute
In section 13 (regulations for control of certain diseases), in subsection (4)(a), for the words from “Regional Health Authorities” to “special health authorities” substitute
In section 37 (removal to hospital of person with notifiable disease), in subsection (1)—
in paragraph (c), for “District Health Authority” substitute
in the words following that paragraph, for “District Health Authority in whose district” substitute
In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), for “Area Health Authority within whose area, or the District Health Authority within whose district,” substitute
In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)—
in paragraph (c), for “District Health Authority” substitute
in the words following that paragraph, for “District Health Authority in whose district” substitute
The
In section 1 (hospital complaints procedure)—
in subsection (1)—
for “health authority” substitute
for “authority or Board is” substitute
after that subsection insert—
It shall also be the duty of the Secretary of State to give to each NHS trust which is responsible for the management of a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital for the management of which that NHS trust is responsible— such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and such steps are taken for publicising the arrangements so made, as (in each case) are specified or described in the directions.
Omit section 1A (NHS trust hospitals).
In section 1 of the
The
In section 2 (rights of authorised representatives of disabled persons), in subsection (9), in the definition of “health authority”, for “has the meaning given by section 128(1) of the 1977 Act” substitute
In section 7 (persons discharged from hospital)—
in subsection (1)(a), omit “district or”, and
in subsection (9)—
in the definition of “health authority”, for “District Health Authority” substitute
in the definition of “the managers”, after “(other than a special hospital” and after “(other than a State hospital” insert
In section 16 (interpretation), in subsection (1)—
after the definition of “guardian” insert—
“
after the definition of “services” insert—
“
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The
In section 1 (periodical reports on matters relating to AIDS and HIV)—
in subsection (1)—
omit paragraph (a), and
in paragraph (b), for sub-paragraphs (i) and (ii) substitute—
each Health Authority in England and Wales;
for subsections (2) and (3) substitute—
Any report under this section— shall contain the information specified in the Schedule to this Act and such other relevant information as the Secretary of State may direct; and shall be published by the Health Authority, Health Board or NHS trust by which it is made.
in subsection (5)—
for “special health authority” substitute
for “that authority” substitute
in subsection (9), for the words from “ “Regional” to “1977”” substitute
In the Schedule (contents of reports), in paragraphs 4 and 7, omit “district or”.
In section 519A of the
for paragraph (a) substitute—
a Health Authority established under section 8 of the National Health Service Act 1977; a Special Health Authority established under section 11 of that Act;
omit paragraph (c).
In section 19 of the
In section 1 of the
In section 159 of the
in subsection (1)(a), for—
“Area Health Authority, District Health Authority or special health authority”, and
“such authority”,
substitute
in subsection (3), for “Authority (in Scotland, Board)” substitute
The
In section 19 (review of provision for day care, child minding etc.), in subsection (7)(a), for “health authority” substitute
In section 21 (provision of accommodation for children in police protection or detention or on remand etc.), in subsection (3), for “District Health Authority” substitute
In section 24 (advice and assistance for certain children), in—
subsection (2)(d), and
subsection (12)(b),
for “health authority” substitute
In section 27 (co-operation between authorities), in subsection (3)(d), for “health authority” substitute
In section 29 (recoupment of cost of providing services etc.), in subsection (8)(c), for “District Health Authority” substitute
In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “health authority” substitute
In section 80 (inspection of children’s homes by persons authorised by Secretary of State)—
in subsection (1)(d), for “health authority” substitute
in subsection (5)(e), for “health authority” substitute
In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), for “health authority” substitute
In section 105 (interpretation), in subsection (1)—
omit the definition of “district health authority”,
for the definition of “health authority” substitute—
“
for the definition of “special health authority” substitute—
“
The
In section 1 (definitions), in subsection (2), for “Family Practitioner Committee” substitute
In section 7 (duty of health service bodies etc. to take advice)—
in subsection (1), omit “or Family Practitioner Committee”,
in subsection (2), after “(other than a” insert
in subsection (3)—
for “Family Practitioner Committee or a” substitute
for “Committee or Board” substitute
In section 11 (interpretation)—
after the definition of “general practitioner” insert—
“
in the definition of “health service body”, for paragraph (a) substitute—
a Health Authority or Special Health Authority;
after the definition of “parental responsibility” insert—
“
The
In section 87 (fluoridation of water supplies at request of health authorities)—
in subsection (1), for “District Health Authority” substitute
in subsection (3), for “district of the authority” substitute
in subsection (5), for “District Health Authority” substitute
in subsection (9), for the words from “District” to the end substitute
In section 89 (publicity and consultation)—
for “District Health Authority” (in each place), and
in subsection (7), for “authority”,
substitute
In Schedule 7 (pre-1985 fluoridation schemes)—
in paragraph 2(2), for “Regional or District Health Authority” substitute
in paragraph 3(1)—
for “District Health Authority” substitute
for “such an authority” substitute
The
In Article 8 (HSS contracts), in paragraph (2)(g), for paragraphs (i) and (ii) substitute—
Health Authorities; Special Health Authorities;
In Article 9 (primary and other functions of boards)—
in paragraph (2)—
for “a health authority” substitute
for “health authority”, in the other place, substitute
in paragraph (5)(c), for “health authority” substitute
In Schedule 3 (HSS trusts), in paragraph 19(1)—
for “a health authority” substitute
for “health authority”, in the other place, substitute
In section 279 of the
In Schedule 1 to the
National Health Service 33. (a) Health Authorities established under section 8 of the (b) the tribunal constituted under section 46 of that Act; (c) committees of Health Authorities established under regulation 3 of those Regulations or any provision amending or replacing that regulation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6 of the
for paragraph (f) substitute—
a Health Authority established under section 8 of the
omit paragraph (h).
The
In section 2 (health service bodies subject to investigation)—
in subsection (1), for paragraphs (a) and (b) substitute—
Health Authorities whose areas are in England,
in subsection (2), for paragraph (a) substitute—
Health Authorities whose areas are in Wales,
In section 6 (restrictions on certain investigations), in subsection (3), for “Family Health Services Authority” substitute
In section 14 (reports by Commissioners), in subsection (1)—
in paragraph (d), after “of,” insert
for paragraphs (e) and (f) substitute—
to the Secretary of State.
In Schedule 8 to the
Section 4(1).
On 1st April 1996—
all property held by a Regional Health Authority immediately before that date, and
all rights and liabilities to which a Regional Health Authority are entitled or subject immediately before that date,
shall by virtue of this sub-paragraph be transferred to and vest in the Secretary of State.
Sub-paragraph (1) has effect in relation to any rights and liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment) enforceable by or against a Regional Health Authority so that on and after that date they are enforceable by or against the Secretary of State.
Sub-paragraph (1) does not apply to—
property, rights or liabilities transferred to an NHS trust on 1st April 1996,
property, rights or liabilities transferred by virtue of paragraph 3 of this Schedule or section 92 of the
rights or liabilities which are transferred by paragraph 9 of this Schedule (or would be so transferred but for sub-paragraph (5) or (8) of that paragraph) or to which paragraph 14 of this Schedule applies.
The Secretary of State may, where it appears appropriate to do so, by order transfer to a specified Health Authority or Special Health Authority any specified property, rights or liabilities which have been transferred by paragraph 1(1).
An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities such as are mentioned in paragraph 1(2) so that they are enforceable by or against (or only by or against) a specified Health Authority or Special Health Authority.
An order made under sub-paragraph (1) may take effect immediately after paragraph 1 takes effect or on a later specified date.
An order made under sub-paragraph (1) may, in particular, specify any Special Health Authority administering a scheme under section 21 of the
An order made under sub-paragraph (1) may create or impose such new rights or liabilities in respect of what is transferred, or what is retained by the Secretary of State, as appear appropriate.
In the case of any transfer made by an order under sub-paragraph (1), a certificate issued by the Secretary of State that—
any property described in the certificate,
any interest in or right over property so described, or
any right or liability so described,
is vested in the specified Health Authority or Special Health Authority shall be conclusive evidence of that fact for all purposes.
Sub-paragraph (1) does not affect any power of the Secretary of State to transfer any property, rights or liabilities to a Health Authority or Special Health Authority otherwise than under this paragraph.
The Secretary of State may by order transfer on 1st April 1996 to a specified health service body any specified property held on trust by a Regional Health Authority immediately before that date.
In sub-paragraph (1) “
a Health Authority,
a Special Health Authority,
an NHS trust,
special trustees, or
trustees for an NHS trust.
Sub-paragraph (1) does not apply to property transferred by virtue of section 92 of the
The Secretary of State shall exercise the power conferred by sub-paragraph (1) so as to secure that all property to which that sub-paragraph applies is dealt with in exercise of the power.
In this paragraph references to property include references to any rights and liabilities arising from the property.
The Secretary of State may by order transfer on 1st April 1996 to a specified Health Authority—
any specified property held by a District Health Authority or a Family Health Services Authority immediately before that date, or
any specified rights or liabilities to which a District Health Authority or a Family Health Services Authority are entitled or subject immediately before that date.
An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment) enforceable by or against a District Health Authority or a Family Health Services Authority so that on and after that date they are enforceable by or against (or only by or against) a specified Health Authority.
Sub-paragraph (1) does not apply to—
property, rights or liabilities transferred to an NHS trust on 1st April 1996,
property transferred by virtue of section 92 of the
rights or liabilities which are transferred by paragraph 9 of this Schedule (or would be so transferred but for sub-paragraph (5) or (8) of that paragraph) or to which paragraph 14 of this Schedule applies.
The Secretary of State shall exercise the power conferred by sub-paragraph (1) so as to secure that all property to which that sub-paragraph applies is, and all rights and liabilities to which that sub-paragraph applies are, dealt with in exercise of the power.
In this paragraph references to property include trust property; and, for the purposes of this paragraph, rights and liabilities arising from trust property shall be treated as being part of the property (so that references in this paragraph to rights and liabilities do not include rights and liabilities arising from trust property).
Where an order made under paragraph 2, 3 or 4 transfers—
land held on lease from a third party, or
any other asset leased or hired from a third party or in which a third party has an interest,
the transfer shall be binding on the third party even if, apart from this sub-paragraph, it would have required his consent or concurrence; and the order may contain such provisions as appear appropriate to safeguard the interests of the third party, including (where appropriate) provision for the payment of compensation of an amount to be determined in accordance with the order.
Stamp duty is not chargeable in respect of any transfer effected by or by virtue of any of paragraphs 1 to 4.
The references in sections 93(1), 94(1) and (3) and 96A(10) of the
Nothing in this Act prevents any rights or liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment repealed by this Act) enforceable by or against a Special Health Authority from continuing on and after that date to be enforceable by or against the Special Health Authority.
The Secretary of State may—
by order made in relation to any specified description of relevant health authority employees specify the health service body to which they are to be transferred on 1st April 1996, and
by scheme made in relation to relevant health authority employees designated by the scheme (either individually or as members of a class) designate the health service body to which they are to be transferred on 1st April 1996.
In this paragraph and paragraphs 8 to 10 references to relevant health authority employees are to persons who immediately before 1st April 1996 are employees of—
a Regional Health Authority,
a District Health Authority, or
a Family Health Services Authority,
other than persons to whom sub-paragraph (3) applies.
This sub-paragraph applies to persons to whom section 6 of the National Health Service and Community Care Act 1990 (transfers of staff to an NHS trust) applies if the operational date of the trust in question (or, in the case of employees within subsection (5) of that section, the
In this paragraph and paragraphs 8 to 11 references to a health service body are to—
the Secretary of State,
a Health Authority,
a Special Health Authority, or
an NHS trust.
The Secretary of State shall exercise the power conferred by this paragraph so as to secure that all relevant health authority employees are dealt with in exercise of the power.
A scheme may be made under this paragraph only if sub-paragraph (7) is satisfied in relation to each of the employees to be designated by the scheme.
This sub-paragraph is satisfied in relation to an employee if—
the employee, or such body as the Secretary of State may recognise as representing the employee, has been consulted about the scheme by the Secretary of State, or
the Secretary of State is satisfied that the employee, or such body as the authority from which the employee would be transferred by the scheme may recognise as representing the employee, has been consulted about the scheme by that authority.
This paragraph applies where, at any time during the period beginning with 1st April 1996 and ending with 30th September 1996, it appears to the Secretary of State appropriate for any relevant health authority employees to be transferred from the health service body to which they were transferred on 1st April 1996 to another health service body.
The Secretary of State may at any time during that period make, in relation to any of the employees who (in the opinion of the Secretary of State) ought to be transferred and are designated by the scheme (either individually or as members of a class), a scheme designating the body to which they are to be transferred on a date during that period designated by the scheme.
A scheme may be made under this paragraph only if sub-paragraph (4) is satisfied in relation to each of the employees to be designated by the scheme.
This sub-paragraph is satisfied in relation to an employee if—
the employee, or such body as the Secretary of State may recognise as representing the employee, has been consulted about the scheme by the Secretary of State, or
the Secretary of State is satisfied that the employee, or such body as the body from which the employee would be transferred by the scheme may recognise as representing the employee, has been consulted about the scheme by that body.
The abolition on 1st April 1996 of the authority by which a relevant health authority employee was employed immediately before that date does not operate to terminate his contract of employment.
Subject to sub-paragraph (3), the contract of employment of a relevant health authority employee shall have effect on and after that date as if originally made between the employee and the health service body to which he is transferred on that date.
Where a scheme is made in relation to a relevant health authority employee under paragraph 8 his contract of employment shall have effect on and after the date designated by the scheme as if originally made between the employee and the health service body to which he is transferred on that date.
Without prejudice to sub-paragraphs (2) and (3)—
all the rights, powers, duties and liabilities of the authority or body from which an employee is transferred in accordance with an order or scheme made under paragraph 7 or 8 under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the body to which the employee is transferred in accordance with the order or scheme, and
anything done before the date of the transfer by or in relation to the authority or body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the body to which he is so transferred.
Sub-paragraphs (2) and (4) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the authority or body from which they would be transferred, or the body to which they would be transferred, that he objects to the transfer.
Where an employee objects as mentioned in sub-paragraph (5) his contract of employment with the authority or body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that authority or body.
This paragraph is without prejudice to any right of a relevant health authority employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
This paragraph does not apply—
to so much of a contract of employment as relates to an occupational pension scheme (within the meaning of section 1 of the
to any rights, powers, duties or liabilities under or in connection with a contract of employment, or otherwise arising in connection with a person’s employment, and relating to such a scheme,
other than any provisions of the scheme which do not relate to benefits for old age, invalidity or survivors.
A scheme made under paragraph 7 or 8 may provide that the contract of employment of a relevant health authority employee designated by the scheme shall, on 1st April 1996 (in the case of a scheme made under paragraph 7) or the date designated by the scheme (in the case of a scheme made under paragraph 8), be divided so as to constitute two separate contracts of employment with two health service bodies designated by the scheme.
Where a scheme makes such provision it shall provide for paragraph 9 to have effect in the case of the employee and his contract of employment subject to appropriate modifications.
Where as a result of the operation of paragraph 9 an employee has both—
a contractual right against any health service body to benefits in the event of his redundancy, and
a statutory right against the body to a redundancy payment,
any benefits provided to him by virtue of the contractual right shall be taken as satisfying the statutory right.
The repeal by this Act of the National Health Service Reorganisation Act 1973 does not prevent the
The Secretary of State—
shall keep, or prepare, any accounts which (but for this Act) would have been required by section 98 of the
may do any other thing which appears appropriate in connection with the winding up of the affairs of a Regional Health Authority.
The Secretary of State—
shall by order provide that any accounts which (but for this Act) would have been required by that section to be kept, or prepared and transmitted, by a District Health Authority or Family Health Services Authority shall be kept, or prepared and transmitted, by a specified Health Authority, and
may by order provide that any other thing which appears appropriate in connection with the winding up of the affairs of a specified District Health Authority or Family Health Services Authority shall be done by a specified Health Authority.
An order made under sub-paragraph (2) may provide that the Health Authority keeping, or preparing and transmitting, accounts or doing any other thing shall be assisted by any other specified Health Authority.
The provisions of subsection (1) of section 98 of the
Subsection (2B)(c) of that section shall apply, in relation to accounts of the members of a fund-holding practice in respect of the financial year ending with 31st March 1996, as if the reference to the relevant Health Authority were a reference to the Health Authority specified by virtue of sub-paragraph (2)(a) of this paragraph in relation to the Family Health Services Authority which was the relevant Family Health Services Authority in relation to the members in that financial year.
Subsection (4) of that section shall apply in relation to accounts relating to Regional Health Authorities, District Health Authorities and Family Health Services Authorities in respect of the financial year ending with 31st March 1996.
The Secretary of State may by order provide that a power to make any appointment (including an appointment of a trustee) which, immediately before 1st April 1996, is exercisable by—
a Regional Health Authority,
a District Health Authority, or
a Family Health Services Authority,
shall be exercisable on and after that date by a specified Health Authority or Special Health Authority.
The Secretary of State may by order provide that any qualification for holding any office (including office as a trustee) which, immediately before 1st April 1996, consists of being a member or officer of—
a Regional Health Authority,
a District Health Authority, or
a Family Health Services Authority,
shall, on and after that date, consist of being a member or officer of a specified Health Authority or Special Health Authority.
An order under this paragraph may include provision for the appointment of a person holding any office to which it relates immediately before 1st April 1996 to continue, or not to continue, on and after that date.
On 1st April 1996 the Secretary of State shall be deemed to have determined by an order made under subsection (1B)(a) of section 65 of the Mental Health Act 1983 (Mental Health Review Tribunals) as regions for the purposes of subsection (1A)(a) of that section each of the
Each Mental Health Review Tribunal in existence immediately before that date shall, subject to the provisions of that section and of Schedule 2 to that Act (provisions about Tribunals), continue on and after that date to be the Tribunal for the area for which it was the Tribunal immediately before that date.
Nothing in this Act—
prevents a complaint or appeal made (but not disposed of) before 1st April 1996 from being continued on and after that date, or
prevents the exercise of any right to make a complaint or appeal which has arisen (but not been exercised) before that date at any time on or after that date when it would have been exercisable but for this Act.
The Secretary of State may by order make such provision as appears appropriate in relation to complaints and appeals which may be continued, or any right which may be exercised, by virtue of sub-paragraph (1).
Sub-paragraph (1) applies in particular—
to complaints to the Health Service Commissioner for England or (except in relation to a Regional Health Authority) the Health Service Commissioner for Wales, and
(except in relation to a Family Health Services Authority) to complaints in relation to which section 1 of the
The Secretary of State may by order make provision for and in connection with continuing in effect on and after 1st April 1996 any arrangements under paragraph 7 or 8 of the sixth Schedule to the
The abolition by this Act of Regional Health Authorities, District Health Authorities and Family Health Services Authorities on 1st April 1996 does not affect the validity of anything done by any of those authorities before that date.
The Secretary of State may by order provide—
for anything which immediately before 1st April 1996 is in the process of being done by or in relation to a Regional Health Authority, District Health Authority or Family Health Services Authority (or a particular such Authority) to be continued, and
for anything done by or in relation to such an authority (or a particular such authority) before 1st April 1996 to be treated on and after that date as if done,
by or in relation to the Secretary of State or by or in relation to a Health Authority or Special Health Authority (or a specified such Authority).
Sub-paragraph (2)(b) applies in particular to—
allotments, applications, appointments, arrangements, determinations, records and representations made,
approvals, directions and notices given,
conditions and disqualifications imposed,
consultations undertaken,
contracts (including NHS contracts) entered into,
information recorded,
facilities, goods, materials and services made available, provided or supplied,
payments made,
proceedings (including appeals) begun, and
recognitions granted or removed.
The Secretary of State may by order provide that any instrument (including an instrument made under any enactment) made by or in relation to a Regional Health Authority, District Health Authority or Family Health Services Authority shall continue in force on and after 1st April 1996.
The Secretary of State may by order—
provide that any reference in any instrument (including any instrument made under an enactment) or any other document to a Regional Health Authority, District Health Authority or Family Health Services Authority (or a particular such Authority) shall be construed on and after 1st April 1996 as being, or as including, a reference to the Secretary of State or to a Health Authority or Special Health Authority (or a specified such Authority), and
make any other provision amending or otherwise modifying any such instrument or other document which appears appropriate in consequence of, or otherwise in connection with, any provision of this Act.
The Secretary of State may by order make any transitional provision which appears appropriate in connection with any provision of this Act.
Nothing in any other provision of this Act prejudices the generality of the power conferred by sub-paragraph (1).
An order made under sub-paragraph (1) may, in particular, include any saving from the effect of any amendment or repeal made by this Act.
Nothing in any provision made by or by virtue of this Schedule prejudices the operation of sections 16 and 17 of the
In this Schedule “
Expressions used in both this Schedule and the
Section 5(1).
Reference | Short title or title | Extent of repeal or revocation |
---|---|---|
11 & 12 Geo. 6 c. 29. | The National Assistance Act 1948. | In the sixth Schedule, paragraphs 7 to 9. |
14 & 15 Geo. 6 c. 65. | The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. | In section 61, the proviso to subsection (5). |
1967 c. 13. | The Parliamentary Commissioner Act 1967. | In Schedule 3, in paragraph 8, the words “a Family Practitioner Committee,”. |
1971 c. 40. | The Fire Precautions Act 1971. | Section 40(10A). |
1973 c. 32. | The National Health Service Reorganisation Act 1973. | The whole Act. |
1974 c. 37. | The Health and Safety at Work etc. Act 1974. | Section 78(8)(d). |
1976 c. 71. | The Supplementary Benefits Act 1976. | In Schedule 6, in Part II, in paragraph 4, the words “the National Assistance Act 1948”. |
In Schedule 7, paragraph 6(b). | ||
1977 c. 49. | The National Health Service Act 1977. | In section 13, in subsection (1), the words “(subject to section 14 below)” and, in subsection (2), paragraph (b) and the word “but” immediately preceding it. |
Section 14. | ||
Section 15(1A). | ||
In section 18, subsection (2) and, in subsection (3), the words following paragraph (b). | ||
In section 19, in subsection (1), the words “, or for the region of a Regional Health Authority,” and “or of the region” and subsections (2)(b) and (3). | ||
In section 22, the Table. | ||
In section 93(2), the words “, or Part II of that Act of 1973”. | ||
In section 96A, subsection (2), in subsection (6), the words from “to another” to “for an NHS trust” and, in subsection (8), the words “or by a Regional Health Authority” and “or that Authority”. | ||
Section 97B. | ||
Section 98(5). | ||
In section 124(5), the words “or district”. | ||
Section 126(1)(a). | ||
In section 128(1), the definitions of “District Health Authority” and “health authority” and, in the definition of “local authority”, the words “and includes the King Edward VII Welsh National Memorial Association;”. | ||
In Schedule 5, in Part III, in paragraph 9(1), the words “or a Regional Health Authority”, paragraph 10(3)(b) and (d), in paragraph 11, in sub-paragraph (2), the words “or, as the case may be, a Regional Health Authority’s”, “or the Authority” (in both places), “or itself” and “or paragraph (d)” and, in sub-paragraph (3), the words “or Regional Health Authority”, “or paragraph (b)” and “or the Authority” (in both places), in paragraph 12(b), the words “, and the exercise of functions by,” and paragraph 15(3). | ||
In Schedule 6, in paragraph 1(1), the words “, or for the region of a Regional Health Authority, or the area or district of an Area or District Health Authority,”, in paragraph 2, the words “or (3)”, paragraph 4 and, in paragraph 5, the second sentence. | ||
In Schedule 7, paragraph 8. | ||
In Schedule 14, paragraph 16. | ||
In Schedule 15, in paragraph 12, paragraph (a) and, in paragraph (b), the words from “and” to the end and paragraphs 58 and 59. | ||
1978 c. 29. | The National Health Service (Scotland) Act 1978. | Section 17A(2)(i). |
In Schedule 15, in paragraph 10(b), the words “94(b),”. | ||
In Schedule 16, paragraphs 3(3) and 8. | ||
1978 c. 30. | The Interpretation Act 1978. | In Schedule 2, in Part I, in paragraph 4(6), the words “the National Health Service Reorganisation Act 1973 and”. |
1980 c. 30. | The Social Security Act 1980. | In Schedule 4, paragraph 2(3). |
1980 c. 53. | The Health Services Act 1980. | Section 1(1) to (6) and (8) to (10). |
Section 6(1) and (2). | ||
In Schedule 1, in Part I, paragraphs 4, 6, 9 to 11, 14, 16, 18, 19(1), (3) and (4), 20, 22, 23, 24, 26, 28, 31 to 34, 36, 38 to 41, 43(b), 50, 62 to 65, 67, 69(a), 70, 71, 75, 76, 77(a), 78(1), 80, 81, 82(1) and (4) and 84 to 86. | ||
1982 c. 32. | The Local Government Finance Act 1982. | Section 28A. |
1983 c. 20. | The Mental Health Act 1983. | Section 39(2). |
In Schedule 4, paragraph 47(f). | ||
In Schedule 5, paragraph 46. | ||
1983 c. 41. | The Health and Social Services and Social Security Adjudications Act 1983. | In Schedule 5, paragraph 3(a). |
In Schedule 6, paragraph 4. | ||
In Schedule 9, in Part I, paragraphs 7 and 28. | ||
1984 c. 22. | The Public Health (Control of Disease) Act 1984. | In Schedule 2, paragraph 7. |
1984 c. 24. | The Dentists Act 1984. | In Schedule 5, paragraph 11. |
1984 c. 48. | The Health and Social Security Act 1984. | Section 5(1), (3), (5) and (6). |
Section 6(1). | ||
In Schedule 3, paragraphs 2, 3(a), (c) and (d), 6(b), 7, 9 to 11, 13, 14, 16 and 17. | ||
1985 c. 42. | The Hospital Complaints Procedure Act 1985. | Section 1A. |
S.I.1985/39. | The Family Practitioner Committees (Consequential Modifications) Order 1985. | Articles 2, 3, 5, 6, 7(2), (3)(b) and (c), (6), (7)(b), (10), (12), (13)(b), (14) to (21) and (22)(a), 8 and 9. |
1986 c. 33. | The Disabled Persons (Services, Consultation and Representation) Act 1986. | In section 7(1)(a), the words “district or”. |
1987 c. 33. | The AIDS (Control) Act 1987. | Section 1(1)(a). |
In the Schedule, in paragraphs 4 and 7, the words “district or”. | ||
1988 c. 1. | The Income and Corporation Taxes Act 1988. | Section 519A(2)(c). |
1988 c. 24. | The Community Health Councils (Access to Information) Act 1988. | Section 1(7). |
1988 c. 49. | The Health and Medicines Act 1988. | Section 16(1) and (2). |
1989 c. 41. | The Children Act 1989. | In section 105(1), the definition of “district health authority”. |
1989 c. 44. | The Opticians Act 1989. | Section 37(2). |
1990 c. 19. | The National Health Service and Community Care Act 1990. | Section 1(1), (2), (4) and (5). |
Section 2. | ||
Section 3(3) and (4). | ||
Section 4(2)(d). | ||
In section 11(5), in paragraph (a), the words from “and for the words” to the end and paragraphs (b) and (c). | ||
In section 12, subsections (1)(a) and (2), in subsections (3) and (4), paragraph (b) and the word “and” immediately preceding it and subsection (5). | ||
Section 13. | ||
Section 14(3) to (5) and (6)(d). | ||
In section 15, subsection (2), in subsection (3), the words “or subsection (2)” and subsections (5) and (8). | ||
In section 16, in subsection (2), the words “the relevant Regional Health Authority or, as the case may be,” and “the Regional Health Authority or, as the case may be,”, in subsection (3)(b), the words from the beginning to “Authority;”, in subsection (4)(c), the words “the Regional Health Authority or, as the case may be,” and subsections (5) and (7). | ||
In section 17(1), the words “a Regional Health Authority or, in Wales,”. | ||
Section 19. | ||
Section 20(2)(c) and (d). | ||
Section 23(5). | ||
Section 25(2)(b) and (c) and (4)(a). | ||
Section 26(2)(b). | ||
Section 46(2)(b). | ||
Section 59(1). | ||
Section 60(7)(d). | ||
In section 62(7), in the definition of “health service body”, paragraph (vi) and the word “and” immediately preceding it. | ||
In Schedule 1, Parts I and II and, in Part III, paragraph 6. | ||
In Schedule 2, in Part III, in paragraph 23, in sub-paragraph (1), the words “of health authorities etc.” and sub-paragraphs (2) and (5) and paragraphs 24(1) and 25(a). | ||
In Schedule 9, in paragraph 18, sub-paragraph (1)(b), in sub-paragraph (7), in paragraph (a), the words from “for paragraph (e)” to “and” and paragraph (c) and sub-paragraph (13)(a), in paragraph 24, in sub-paragraph (3)(a), the words from “, and after” to “ “trust or””, sub-paragraph (4), in sub-paragraph (5), the words from “after” to “ “trusts” and” and sub-paragraph (6), paragraph 26(1), paragraph 29 and, in paragraph 32(1), in paragraph (a), the words “the word “and” at the end of sub-paragraph (ii) shall be deleted and” and paragraphs (b) and (c). | ||
1990 c. 23. | The Access to Health Records Act 1990. | In section 7(1), the words “or Family Practitioner Committee”. |
1990 c. 44. | The Caldey Island Act 1990. | In section 3, the words “and the district of the Pembrokeshire Health Authority”. |
In section 4(1), paragraph (d) and the word “and” immediately preceding it. | ||
1993 c. 38. | The Welsh Language Act 1993. | Section 6(1)(h). |
1993 c. 46. | The Health Service Commissioners Act 1993. | In section 2, subsection (1)(e) and, in subsection (2), paragraph (d) and the word “and” immediately preceding it. |
1994 c. 19. | The Local Government (Wales) Act 1994. | In Schedule 10, paragraph 11(1). |