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National Health Service Reform and Health Care Professions Act 2002

Commentary on Sections

Part 1 – National Health Service, etc.

Patient and public involvement

Section 22: Abolition of Community Health Councils in England

116.Subsections (1) and (2) provide for the abolition of CHCs in England.

117.Paragraph 5 of Schedule 7 to the 1977 Act provides that the Secretary of State may by regulations provide for the establishment of a body to advise and assist CHCs. The National Health Service (Association of Community Health Councils) Regulations (S.I.1977/874), made under that paragraph, established ACHCEW. Subsection (3) provides for the abolition of that body, but subsection (4) ensures that the Assembly may continue to exercise the power in paragraph 5 and establish a new body to advise and assist CHCs in Wales.

118.Subsection (5) provides for the transfer of rights and liabilities and, in the case of ACHCEW property, of members and former members of CHCs and members and former members of CHCs which were members of ACHCEW. Any such transfer must be to a person listed in subsection (6). In the case of the Association a transfer may also be made to the Assembly. Under subsection (7), transfers from ACHCEW require consultation with the Assembly.

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