The Health Authorities Act 1995 (Transitional Provisions) Order 1996

article 1(2)

SCHEDULE 3 DETERMINATION OF RELEVANT NEW AUTHORITIES FOR OLD AUTHORITIES SPECIFIED IN SCHEDULE 2

1.  For the purposes of article 5(1) and (2) (accounts, and winding up of old authorities), the relevant new authority shall be the new authority specified in column (3).

2.  For the purposes of articles 6(1), 7(1) and 8 (charitable trusts), the relevant new health authority shall—

(a) where the trust is for purposes connected with any functions of the old authority which relate to a part of its district which on 1st April forms part of the area of a new authority specified in column (2), be that new authority; and

(b) in any other case, be the new authority specified in column (3).

3.  For the purposes of article 9(1) (complaints to the Health Service Commissioner) the relevant new authority shall—

(a) where the complaint is made by or on behalf of a person who at the time to which the complaint relates resided at a place which on 1st April is located in the area of a new authority specified in column (2), be that new authority; and

(b) in any other case, be the new authority specified in column (3).

4.  For the purposes of article 10(1) (other complaints) the relevant new authority shall—

(a) as respects a complaint in relation to a medical practitioner—

(i) where the complaint is made by or in relation to a patient who, at the time to which the complaint relates, resided at a place which on 1st April 1996 is located in the area of a new authority specified in column (2), be that new authority, and ii in any other case, be the new authority specified in column (3); and

(b) as respects any other complaint to which article 10(1) applies—

(i) where the complaint relates to services provided at premises located in the area of a new authority specified in column (2), be that new authority, and

(ii) in any other case, be the new authority specified in column (3).

5.  For the purposes of article 10(2), the relevant new authority shall—

(a) where the complaint is made in relation to a hospital which is located in the area of a new authority specified in column (2), be that new authority; and

(b) in any other case, be the new authority specified in column (3).

6.  For the purposes of article 14, the relevant new authority shall—

(a) where the thing done, the application or instrument made, the direction, authority or notice given or the form supplied relates to any function exercised by the old authority with respect to any part of its district or, as the case may be, its locality which forms part of the area of a new authority specified in column (2), be that new authority; and

(b) in any other case, be the new authority specified in column (3).

7.  In this Schedule, “column (2)” and “column (3)” mean, respectively, column (2) and column (3) of Schedule 2.