The National Health Service (Functions of Family Health Services Authorities in London) Regulations 1994

Statutory Instruments

1994 No. 284

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Functions of Family Health Services Authorities in London) Regulations 1994

Made

8th February 1994

Laid before Parliament

10th February 1994

Coming into force

3rd March 1994

The Secretary of State for Health, in exercise of the powers conferred on her by sections 15(1)(b), 16, 17, and 126(4) and (5) of the National Health Service Act 1977(1) and of all other powers enabling her in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Functions of Family Health Services Authorities in London) Regulations 1994 and shall come into force on 3rd March 1994.

(2) In these Regulations—

“the Act” means the National Health Service Act 1977;

“FHSA” means Family Health Services Authority; and

“Family Health Services Authority” means a body of that name established by the Secretary of State under section 10(1) of the Act(2);

“London” means the London Initiative Zone defined in the Schedule to these Regulations.

Additional function of Family Health Services Authorities in London

2.—(1) Subject to paragraphs (3) to (5) and to any other directions given by the Secretary of State in exercise of a power conferred by the Act, each FHSA whose duty it is to arrange for the provision of general medical services in any part of London has the additional function set out in paragraph (2) below, which is prescribed for the purposes of section 15(1)(b) of the Act(3).

(2) The additional function referred to in paragraph (1) is to make practice premises available, to the extent (if any) that an FHSA considers appropriate, for medical practitioners with whom it has made arrangements for the provision of general medical services in its locality (or such part of it as is in London); and for that purpose, on behalf of the Secretary of State, to acquire land (otherwise than in the exercise of powers of compulsory purchase) and to dispose of, control, maintain, equip, develop and manage it.

(3) An FHSA shall not acquire any land for the purposes of the function mentioned in paragraph (2) after 31st March 1996.

(4) Regulation 11(1) of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991(4) shall not apply to the performance by an FHSA of the function referred to in paragraph (2).

(5) In performing the function set out in paragraph (2), an FHSA shall have regard to all the circumstances which it considers relevant, including the availability of resources.

Signed by authority of the Secretary of State for Health

Brian Mawhinney

Minister of State,

Department of Health

8th February 1994

Regulation 1(2)

SCHEDULE EXTENT OF LONDON INITIATIVE ZONE

1.—(1) For the purposes of these Regulations the London Initiative Zone consists of the area comprising all of the following—

(a) the localities of all those FHSAs listed in paragraph 2, and

(b) for each FHSA listed in column 1 of the Table in paragraph 3, that part of its locality listed in column 2 of that Table.

(2) For the purposes of these Regulations references to local government areas in column 2 of the Table in paragraph 3 are references to such areas as existing immediately before 3rd March 1994 even where changes to the boundaries of those areas are subsequently made; and paragraph (1)(b) of regulation 40 (statutory definitions of areas) of the Local Government Area Changes Regulations 1976(5) shall not apply in relation to such areas.

2.  The list of FHSAs referred to in paragraph 1(1)(a) is—

• Camden and Islington(6)

• City and East London(7)

• Ealing Hammersmith and Hounslow(6)

• Kensington and Chelsea and Westminster(6)

• Lambeth Southwark and Lewisham(7)

3.  The Table referred to in paragraph 1(1)(b) is—

Column 1	Column 2
Name of FHSA	Part of FHSA within London Initiative Zone
Barking and Havering(7)	The London borough of Barking and Dagenham.
Brent and Harrow(7)	The London borough of Brent.
Croydon(7)	In the London borough of Croydon, the wards(8) of Addiscombe, Ashburton, Beulah, Bensham Manor, Broad Green, Fairfield, Monks Orchard, Norbury, Rylands, South Norwood, Spring Park, Thornton Heath, Upper Norwood, Waddon, West Thornton, Whitehorse Manor and Woodside.
Enfield and Haringey(7)	In the London borough of Enfield, the wards(9) of Angel Road, Bullsmoor, Craig Park, Enfield Lock, Enfield Wash, Green Street, Hoe Lane, Huxley, Jubilee, Latymer, Ponders End, Raglan, Southbury, St. Alphege, St. Marks, St. Peters and Weir Hall.
	In the London borough of Haringey, the wards(10) of Bruce Grove, Coleraine, Green Lanes, Harringay, High Cross, Noel Park, Park, Seven Sisters, South Hornsey, South Tottenham, Tottenham Central, West Green, White Hart Lane and Woodside.
Greenwich and Bexley(7)	The London borough of Greenwich and, in the London borough of Bexley, the ward(11) of Thamesmead East.
Merton Sutton and Wandsworth(6)	The London borough of Wandsworth.
Redbridge and Waltham(7)	The London borough of Waltham Forest.

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for Family Health Services Authorities in a certain area of London (called the “London Initiative Zone”) to make practice premises available to doctors providing general medical services as part of the National Health Service. Their powers to acquire property for this purpose do not extend beyond 31st March 1996.

The area of the London Initiative Zone is defined in the Schedule to the Regulations.

(1)

1977 c. 49. See section 128(1) as amended by section 26(1) and (2)(g) and (i) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) for the definitions of “prescribed” and “regulations”. Section 15 was amended by the Health and Social Security Act 1984 (c. 48), sections 5(2) and 24 and Schedule 8, Part I, and by the 1990 Act, section 12(1). Section 16 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 36 and by section 3 of and Schedule 10 to the 1990 Act. Section 17 was substituted by the Health and Social Security Act 1984, Schedule 3, paragraph 2 and amended by sections 3 and 12 of the 1990 Act. Section 126(4) was amended, and section 126(5) added, by the 1990 Act, section 65(2).

(2)

Section 10 was substituted by section 5(1) of the Health and Social Security Act 1984 (c. 48) and amended by section 2(3) of the 1990 Act. By virtue of section 2(1)(b) references in any act to a Family Practitioner Committee are to be construed as references to a Family Health Services Authority.

(3)

See, for the prescribed functions of all FHSAs, regulation 11(3) of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991 (S.I. 1991/554).

(4)

S.I. 1991/554.

(5)

S.I. 1976/246.

(6)

See the Family Practitioner Committees (Establishment) Order 1985 (S.I. 1985/301).

(7)

See the Family Practitioner Committees (Establishment) Order 1984 (S.I. 1984/1946).

(8)

See the London Borough of Croydon (Electoral Arrangements) Order 1977 (S.I. 1977/1564).

(9)

See the London Borough of Enfield (Electoral Arrangements) Order 1980 (S.I. 1980/732).

(10)

See the London Borough of Haringey (Electoral Arrangements) Order 1977 (S.I. 1977/2067).

(11)

See the London Borough of Bexley (Electoral Arrangements) Order 1977 (S.I. 1977/1763).