1994 No. 1831
The Authorities for London Post-Graduate Teaching Hospitals (Abolition) Order 1994
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of powers conferred on her by sections 11, 126(3) and 126(4) of the National Health Service Act 19771 and section 5(10) of the National Health Service and Community Care Act 19902 and of all other powers enabling her in that behalf, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Abolition) Order 1994 and shall come into force on 1st August 1994.
2
In this Order unless the context otherwise requires—
“the Act” means the National Health Service Act 1977;
“the material date” means 1st August 1994;
“the Order” means the Authorities for London Post-Graduate Teaching Hospitals (Constitution) Order 19903;
“relevant NHS Trust” in relation to a relevant Special Authority means an NHS Trust specified in relation to it in column 3 of the Schedule to this Order;
“relevant Regional Authority” means, in relation to a relevant Special Authority, the Regional Health Authority specified in relation to that Special Health Authority as provided for in column 2 of the Schedule to this Order;
“relevant Special Authority” means a Special Health Authority specified in column 1 of the Schedule to this Order.
Abolition of relevant Special Authorities2
The relevant Special Authorities are hereby abolished, and accordingly—
a
their names and the hospitals in relation to whose management they are to perform functions shall be omitted from columns (1) and (2) respectively of Schedule 2 to the Order;
b
their names shall be omitted from column (2) of Schedule 1 to the Order, and the names of the institutes or medical schools in relation to which they are specified shall be omitted from column (1) of that Schedule.
Transfer of property and enforceability of rights3
1
Subject to the following provisions of this Order any property of a relevant Special Authority is transferred to the relevant Regional Authority.
2
Subject to the following provisions of this Order, any right which was enforceable by or against any of the relevant Special Authorities immediately before the material date is enforceable by or against the relevant Regional Authority.
Winding up of affairs of relevant Special Authorities4
It is the duty of the relevant Regional Authority to take such action as may be necessary for the winding-up of the affairs of any relevant Special Authority in relation to which it is the relevant Regional Authority.
Accounts of relevant Special Authorities5
Any duty imposed on any of the relevant Special Authorities by section 984 of the Act, but not performed by the material date, shall be performed by the relevant NHS trust.
Investigation of complaints by Health Service Commissioner6
1
A complaint made under the Health Service Commissioners Act 19935 to the Health Service Commissioner for England in relation to any hospital, establishment or facility managed by any of the relevant Special Authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of the relevant Special Authority, as if the complaint had been made in relation to the NHS trust or District Health Authority managing that hospital establishment or facility.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to that NHS trust or District Health Authority and to the relevant Regional Authority.
Transfer of trust property of relevant Special Authorities7
1
Subject to paragraphs (2) and (3) of this article, any trust property vested immediately before the material date in any of the relevant Special Authorities is on the material date transferred to the relevant NHS Trust.
2
Where, before the date of the making of this Order a relevant Special Authority and an NHS trust other than the relevant NHS Trust have identified by means of a Schedule of trust property (signed on behalf of both parties to the agreement) trust property which is to transfer to that other NHS trust, that property is transferred to that other NHS trust, instead of to the relevant NHS Trust.
3
The freehold interest in Bridge Wharf, Old Ford Road, London E2 (Land Registry No. EGL 164595) vested on trust in the Board of Governors of the Royal Brompton Heart and Lung Hospital is transferred on the material date to the North Thames Regional Health Authority together with the rights, obligations and liabilities of the said Board of Governors under the lease and management agreement with South London Family Housing Association both dated 18th June 1992 and relating to Bridge Wharf.
Exercise of powers in relation to trusts8
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service6 is under the trusts of the charity vested in any of the relevant Special Authorities, that power vests on the material date—
a
in the case of a trust whose purposes relate to the Queen Elizabeth Hospital for Children in the East London and the City Health Authority;
b
in the case of a trust whose purposes relate to the London Chest Hospital in the Royal Hospital of St Bartholomew, the Royal London Hospital and the London Chest Hospital National Health Service Trust;
c
in all other cases the relevant NHS Trust.
Appointment of new trustees9
Where, under the trusts of a charity connected with health services purposes, the trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the relevant Special Authorities, the trustees shall from that date instead include the holder of the corresponding office—
a
in the case of a trust whose purposes relate to the Queen Elizabeth Hospital for Children with the East London and the City Health Authority;
b
in the case of a trust whose purposes relate to the London Chest Hospital, with the Royal Hospital of St Bartholomew, the Royal London Hospital and the London Chest Hospital National Health Service Trust;
c
in all other cases with the relevant NHS Trust.
Provision for continuity in exercise of functions10
1
Any application duly made by, or any direction, authorisation or notice given to the Board of Governors of the Hospitals for Sick Children in relation to the Queen Elizabeth Hospital for Children shall be deemed to have been made by or given to or by the East London and the City Health Authority.
2
Any instrument made by that Special Health Authority in relation to that hospital continues in force until is is varied or revoked by that District Health Authority.
3
Any form supplied by that Special Health Authority in relation to that hospital continues to be a valid form until it is cancelled or withdrawn by the Secretary of State or that District Health Authority, as if any reference contained in the form to that Special Health Authority were a reference to that District Health Authority.
Accommodation and services made available on payment of charges11
To the extent that any accommodation and services at the Queen Elizabeth Hospital for Children is, immediately before the relevant date, authorised to be made available under section 65(1)7 of the Act, it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such determination is varied or revoked.
Signed by authority of the Secretary of State for Health
SCHEDULESPECIAL AUTHORITIES, RELEVANT AUTHORITIES AND NHS TRUSTS
Column 1 | Column 2 | Column 3 |
---|---|---|
relevant Special Authority | relevant Regional Authority | relevant NHS Trust |
The Board of Governors of the Hospitals for Sick Children | North Thames Regional Health Authority | The Great Ormond Street Hospital for Children National Health Service Trust |
The Board of Governors of Moorfields Eye Hospital | North Thames Regional Health Authority | The Moorfields Eye Hospital National Health Service Trust |
The Bethlem Royal Hospital and the Maudsley Hospital Health Authority | South Thames Regional Health Authority | The Bethlem and Maudsley National Health Service Trust |
The Board of Governors of the Royal Brompton National Heart and Lung Hospital | North Thames Regional Health Authority | The Royal Brompton Hospital National Health Service Trust |
The Board of Governors of the Royal Marsden Hospital | As respects the exercise of functions relating to a hospital or other property situated in the region of South Thames Regional Health Authority, South Thames Regional Health Authority; as respects the exercise of functions relating to the management of a hospital or other property situated in the region of the North Thames Regional Health Authority, North Thames Regional Health Authority | The Royal Marsden National Health Service Trust |
The Hammersmith and Queen Charlotte’s Special Health Authority | North Thames Regional Health Authority | The Hammersmith Hospitals National Health Service Trust |
(This note is not part of the Order)