National Health Service Reform and Health Care Professions Act 2002

22 Abolition of Community Health Councils in England

(1) The Community Health Councils established for districts in England under section 20 of the 1977 Act are abolished.

(2) That section shall cease to have effect in its application to the area of any Health Authority established for an area in England and to any Community Health Council established for a district in England.

(3) The Association of Community Health Councils for England and Wales (“ACHCEW”) established under paragraph 5 of Schedule 7 to the 1977 Act is also abolished.

(4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

(5) The Secretary of State may by order make provision—

(a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

(b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

(6) The following fall within this subsection—

(a) the Secretary of State,

(b) a Health Authority established for an area in England,

(c) a Special Health Authority,

(d) an NHS trust,

(e) a Primary Care Trust.

(7) Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

(8) If section 1 comes into force before this section—

(a) the references to Health Authorities in section 20 of and Schedule 7 to the 1977 Act are to be construed (until this section comes into force) as including references to Strategic Health Authorities, and

(b) the references in this section to Health Authorities established for areas in England are to have effect as references to Strategic Health Authorities.

(9) If this section comes into force before section 1, the reference in subsection (6)(b) to a Health Authority established for an area in England is to be construed, after section 1 comes into force, as a reference to a Strategic Health Authority.