The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996

PART 1 General

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations unless the context otherwise requires—

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

“appointing authority” means, in relation to a member who is appointed, the person who or body which appoints him;

“health service body” means—

(a)

a health authority, a Special Health Authority (including the hospital authorities) or a National Health Service trust;

(b)

a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service or a National Health Service trust respectively constituted under sections 2, 10 and 12A of the National Health Service (Scotland) Act 1978(1);

(c)

a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984(2);

(d)

the Dental Practice Board or Scottish Dental Practice Board;

(e)

the Public Health Laboratory Service Board; and

(f)

the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970(3);

“the hospitals” means the special hospitals known as Ashworth, Broadmoor and Rampton hospitals(4);

“hospital authority” means a Special Health Authority established by the Authorities for Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996(5); and

(a)

a reference to the Order is a reference to that Order; and

(b)

references to any hospital authority by name shall be construed accordingly;

“member” means a member of a hospital authority (including the chairman);

“non-officer member” means a member who is not an officer of a hospital authority and includes the chairman;

“officer member” means a member who is an officer of a hospital authority;

“the relevant hospital” in relation to a hospital authority, means the hospital specified in relation to it in the Schedule to the Order;

“the specified mental health service functions” means the Secretary of State’s functions under the provisions of the 1977 Act which are specified in column 1 of Schedule 1 and his functions under the Mental Health Act 1983(6) as the managers of the relevant hospital.

(3) In these Regulations unless the context otherwise requires a reference—

(a) to a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b) in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;

(c) to a member (whether an officer or non-officer member), chairman or vice-chairman is a reference to a member, chairman or vice-chairman appointed to a particular hospital authority and nothing in these Regulations shall be construed as conferring functions on such members, chairmen and vice-chairmen in respect of any hospital authority other than that to which they have been appointed;

(d) to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number;

(e) in a Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that Schedule and a reference in a paragraph of a Schedule to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph.

(1)

1978 c. 2. Section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1 and by the 1990 Act section 28; section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2; section 12A was inserted by the 1990 Act, section 31.

(2)

1984 c. 36.

(3)

1970 c. 46.

(4)

See section 4 of the 1977 Act.

(5)

S.I. 1996/488.

(6)

1983 c. 20; see section 23(4) and (5) as amended by paragraph 24(3) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) and section 145(1) as amended by section 1 of the Mental Health (Amendment) Act 1994 (c. 6).