1991 No. 1102

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Promotion Authority for Wales Constitution Order 1991

Made

Laid before Parliament

Coming into force

The Secretary of State for Wales, in exercise of powers conferredupon him by sections 11, 12(c) and 126(3) of, and paragraph 9(7)(b) ofSchedule 5 to the National Health Service Act 1977(1)and of all other powers enabling him in that behalf, hereby makesthe following Order:—

Citation, commencement and interpretation1

1

This Order may be cited as the Health Promotion Authority for WalesConstitution Order 1991 and shall come into force on 1st June 1991.

2

In this Order, unless the context otherwise requires—

  • the Authority” means the Health Promotion Authority for Wales;

  • “the 1987 Order” means the Welsh Health Promotion Authority (Establishment andConstitution) Order 1987(2).

Continuation of the Welsh Health Promotion Authority2

Notwithstanding the revocation by this Order of the 1987 Order andsubject to article 3 of this Order, there shall continue to beestablished the special health authority known as the Welsh HealthPromotion Authority, established by the 1987 Order.

Alteration of name of Welsh Health Promotion Authority3

As from the commencement of this Order, the name of the Welsh HealthPromotion Authority shall be changed to“the Health Promotion Authority for Wales”.

Functions of the Authority4

1

Subject to and in accordance with such directions as the Secretaryof State may give to the Authority, the Authority shall continue toperform in Wales the functions specified in paragraph (2) of thisarticle and such other functions as the Secretary of State may directthe Authority to perform on his behalf.

2

The functions referred to in paragraph (1) of this articleare—

a

undertaking health promotion activity;

b

for that purpose planning and carrying out national or localprogrammes or other activities in co-operation with health authorities,Family Health Services Authorities, local authorities and localeducation authorities, voluntary organisations and other persons orbodies concerned with or having an interest in health promotion; (c)sponsoring research and evaluation in relation to health promotion;

c

sponsoring research and evaluation in relation to healthpromotion;

d

assisting the provision of appropriate training in health promotion;

e

preparing, publishing or distributing material relevant to healthpromotion;

f

providing a national centre of information and advice on healthpromotion;

g

exercising the Secretary of State’s functions—

i

under section 23(1) of the National Health Service Act 1977 withrespect to arranging with any person or body (including a voluntaryorganisation) for that body to assist in providing any service underthat Act;

ii

under section 23(2) of that Act with respect to making available tocertain persons or bodies (including voluntary organisations) facilitiesand services of persons employed in connection with such facilities;

iii

under section 23(3) of that Act with respect to the agreement ofterms and the making of payments by or to the Secretary of State inrespect of arrangements made or facilities or services provided undersection 23 of that Act,

insofar as such arrangements or services are made or provided inpursuance of the functions specified above.

Constitution of the Authority5

The Authority shall consist of the following members, that is tosay—

a

a chairman appointed by the Secretary of State;

b

seven members appointed by the Secretary of State;

c

the chief officer for the time being of the Authority;

d

the financial officer for the time being of the Authority.

Specification of the Authority as a relevant authority6

The Authority is hereby specified for the purposes of sub-paragraph(7) of paragraph 9 of Schedule 5 to the National Health Service Act 1977(definition of“relevant authority” for the purposes of paying remuneration to members of healthauthorities).

Revocation of the 1987 Order7

The 1987 Order is hereby revoked.

David HuntSecretary of State for Wales

(This note is not part of the Order)

This Order revokes and replaces the Welsh Health PromotionAuthority (Establishment and Constitution) Order 1987 (“the 1987 Order”). The Welsh Health Promotion Authority, a special health authorityestablished under the National Health Service Act 1977 to exercisefunctions in relation to health promotion in Wales, is continued inbeing, but with a new name and with a different constitution.

This Order provides in particular for the continuation of theAuthority (article 2), for the change of its name to the HealthPromotion Authority for Wales (article 3), for the functions of theAuthority (article 4) and for its new constitution of a chairman andnine other members (article 5). Article 6 of this Order specifies theAuthority as a special health authority the members of which may beremunerated as well as the chairman. Article 7 revokes the 1987 Order.