The References to Health Authorities Order 2007

Welsh Statutory Instruments

2007 No. 961 (W.85)

HEALTH SERVICE, WALES

The References to Health Authorities Order 2007

Made

20 March 2007

Coming into force

1 April 2007

The National Assembly for Wales, in exercise of the power conferred on it by section 75 of the Health Act 2006(1) hereby makes the following Order:

Title, commencement and interpretation

1.—(1) The title of this Order is the References to Health Authorities Order 2007 and the Order comes into force on 1 April 2007.

(2) In this Order “subordinate legislation” has the same meaning as in the Interpretation Act 1978(2).

Extent

2.  A modification by this Order of an enactment has the same extent as the enactment modified.

Modifications of Acts of Parliament

3.  The enactments specified in the Schedule are amended as there specified.

Modifications of references to Health Authorities in subordinate legislation

4.  All references in subordinate legislation to a Health Authority or Health Authorities are to be treated as references to a Local Health Board or Local Health Boards as appropriate, unless the context otherwise requires.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

20 March 2007

Article 3

SCHEDULE Modifications to Acts of Parliament relating to the abolition of Welsh Health Authorities and creation of Local Health Boards

Acts of Parliament

National Assistance Act 1948 (c. 29)

1.  In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C) for “Health Authority” there is substituted “Local Health Board”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2.  In Part 1 of Schedule 2 to the Reserve and Auxiliary forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part 5 and paying authorities), in paragraph 15 for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”.

Landlord and Tenant Act 1954 (c. 56)

3.  In section 57 of the Landlord and Tenant Act 1954 (modification on grounds of public interest of rights under Part 2), in subsection (6) for “Health Authority” there is substituted “Local Health Board”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

4.  In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which this act applies), paragraph (1)(f) is omitted.

Leasehold Reform Act 1967 (c. 88)

5.  In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsections (5)(d) and (6)(c) for “Health Authority” there is substituted “Local Health Board”.

Health Services and Public Health Act 1968 (c. 46)

6.—(1) The Health Services and Public Health Act 1968 is amended as follows.

(2) In section 63 (provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare) —

(a) in subsection (1)(a) the words “Health Authority” are omitted;

(b) in subsection (2)(b) for “Health Authority” there is substituted “Local Health Board”;

(c) in subsection (5A) the words “Health Authority” are omitted in both places where they occur; and

(d) in subsection (5B) paragraph (a) is omitted.

(3) In section 64 (financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations), in subsection (3)(b) for “Health Authority” there is substituted “Local Health Board”.

Local Authority Social Services Act 1970 (c. 42)

7.  In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Children Act 1989 for “health authorities” there is substituted “Local Health Boards”.

Local Government Act 1972 (c. 70)

8.—(1) The Local Government Act 1972 is amended as follows.

(2) In section 113 (placing of staff of local authorities at disposal of other local authorities) —

(a) in subsections (1A), (1A)(a) and (1A)(b) for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”; and

(b) in subsection (4) after the words “In subsection (1A) above”, insert ““Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,”.

Health and Safety at Work etc Act 1974 (c. 37)

9.  In section 60 of the Health and Safety at Work etc Act 1974 (supplementary), in subsection 1 for “Health Authority” there is substituted “Local Health Board”.

House of Commons Disqualification Act 1975 (c. 24)

10.—(1) The House of Commons Disqualification Act 1975 is amended as follows.

(2) In schedule 1 (offices disqualifying for membership), in Part 3 (other disqualifying offices) —

(a) in the entry beginning “Chairman or any member, not being also an employee of any Strategic Health Authority, Health Authority or Special Health Authority” the words “Health Authority” are omitted; and

(b) in the appropriate alphabetical position there is inserted —

• “Chairman or any member, not being also an employee, of a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.”.

Welsh Development Agency Act 1975 (c. 70)

11.  In section 21C of the Welsh Development Agency Act 1975 (powers to advise on land matters), in subsection (2)(f) for “Health Authority” there is substituted “Local Health Board”.

Race Relations Act 1976 (c. 74)

12.—(1) The Race Relations Act 1976 is amended as follows.

(2) In Schedule 1A (bodies and other persons subject to a general statutory duty), in Part 1 (original categories of bodies and other persons) —

(a) in paragraph 5 the words “or a Health Authority” are omitted; and

(b) after paragraph 5 there is inserted —

“5A.   A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.”.

Mental Health Act 1983 (c. 20)

13.—(1) The Mental Health Act 1983 is amended as follows.

(2) In section 23 (discharge of patients) —

(a) in subsection (3) for “Health Authority”, in both places where it occurs, there is substituted “Local Health Board”;

(b) in subsection (4) after “trust”, in each place where it occurs, there is inserted “, board”;

(c) in subsection (5) in the words before paragraph (a) after “trust”, in both places where it occurs, there is inserted “, board”; and

(d) in subsection (5)(a) —

(i) for “Health Authority”, in both places where it occurs, there is substituted “Local Health Board”;

(ii) for “or trust” in both places where it occurs, there is substituted, “, trust or board”; and

(iii) for “such members (of the authority, trust, committee or sub-committee” there is substituted, “such members (of the authority, trust, board, committee or sub-committee”.

(3) In section 24 (visiting and examination of patients), in subsection (3) for “Health Authority”, in both places where it occurs, there is substituted “Local Health Board”.

(4) In section 25A (application for supervision), in subsections (6), (7) and (8) for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”.

(5) In section 25C (supervision applications: supplementary), in subsection (6) for “Health Authority” there is substituted “Local Health Board”.

(6) In section 25F (reclassification of patient subject to after-care under supervision), in subsection (1) for “Health Authority” there is substituted “Local Health Board”.

(7) In section 32 (regulations for the purposes of Part 2), in subsection (3) —

(a) for “Health Authorities” there is substituted “Local Health Board”; and

(b) after “managers” there is inserted “, boards,”.

(8) In section 39 (information as to hospitals) —

(a) in subsection (1) for “Health Authority” in each place where it occurs, there is substituted “Local Health Board”;

(b) in subsection 1(b) for “any other” substitute “the National Assembly for Wales or any other”;

(c) in subsection (1) before the words “have or can reasonably” insert “or National Assembly for Wales”; and

(d) in subsection (1) before the words “shall comply with any such request” insert “or National Assembly for Wales”.

(9) In section 117 (after-care) in subsections (2), (2A) and (3) for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”.

(10) In section 134 (correspondence of patients), in subsection 3(e) for “Health Authority” there is substituted “Local Health Board”.

(11) In section 139 (protection for acts done in pursuance of this act), in subsection (4) for “Health Authority” there is substituted “Local Health Board”.

(12) In section 140 (notification of hospitals having arrangements for reception of urgent cases), for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”.

(13) In section 145 (interpretation), in subsection (1) —

(i) in the appropriate alphabetical position there is inserted —

““Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;”; and

(ii) in the definition of “the managers” for “Health Authority” there is substituted “Local Health Board”.

Public Health (Control of Disease) Act 1984 (c. 22)

14.—(1) The Public Health (Control of Disease) Act 1984 is amended as follows.

(2) In section 1 (authorities administering act), in subsection (4)(b) for “Health Authorities” there is substituted “Local Health Boards”.

(3) In section 11 (cases of notifiable disease and food poisoning to be reported), in subsections (3)(a) and (3)(b)(ii) for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”.

(4) In section 12 (fees for certificates under s11), in subsection (1) for “Health Authority” there is substituted “Local Health Board”.

(5) In section 13 (regulations for control of certain diseases), in subsection (4)(a) for “Health Authorities” there is substituted “Local Health Boards”.

(6) In section 37 (removal to hospital of person with notifiable disease) —

(a) in subsections (1)(c) and (1A) for “Health Authority”, in each place where it occurs, there is substituted “Local Health Board”; and

(b) in subsection (1)(c) before the words “or other person” insert “, Local Health Board”.

(7) In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3) for “Health Authority” there is substituted “Local Health Board”.

(8) In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease) —

(a) in subsection (1) for “Health Authority”, in both places where it occurs, there is substituted “Local Health Board”; and

(b) in subsection 1(c) before the words “or any other person” insert “, Local Health Board”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

15.—(1) The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

(2) For “Health Authority” there is substituted “Local Health Board” in the following sections —

(a) section 2 (rights of authorised representative of disabled persons), in subsection (9) in subparagraph (aa); and

(b) section 7 (persons discharged from hospital), in subsection (9) in subparagraph (aa) of the definition of “health authority”.

(3) In section 16 (interpretation), there is inserted in the appropriate alphabetical position ““Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;”.

Aids (Control) Act 1987 (c. 33)

16.—(1) The Aids (Control) Act 1987 is amended as follows.

(2) In section 1 (periodical reports on matters relating to AIDS and HIV) —

(a) in subsections (1)(b)(i) and (2)(b) for “Health Authority” there is substituted “Local Health Board”; and

(b) in subsection (9) for ““Health Authority” means a Health Authority established under section 8 of that Act” there is substituted ““Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006”.

Community Health Councils (Access to Information) Act 1988 (c. 24)

17.  In section 1 of the Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of community health councils), in subsection (6)(a) for “Health Authority” there is substituted “Local Health Board”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

18.  In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in subsection (b) after the words “under section 18 of the National Health Service Act 2006,” insert “a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006”.

Income and Corporation Taxes Act 1988 (c. 1)

19.  In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies) in subsection (2)(a) the words “or a Health Authority” are omitted.

Children Act 1989 (c. 41)

20.—(1) The Children Act 1989 is amended as follows.

(2) For “Health Authority” there is substituted “Local Health Board” in the following sections —

(a) section 21 (provision for accommodation for children in police protection or detention or on remand, etc), in subsection (3);

(b) section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(i);

(c) section 24C (information) in subsection (2)(b);

(d) section 27 (co-operation between authorities), in subsection (3)(d);

(e) section 29 (recoupment of cost of providing services etc), in subsection (8)(c);

(f) section 47 (local authority’s duty to investigate), in subsection (11)(d);

(g) section 80 (inspection of children’s homes etc by persons authorised by the Secretary of State) in subsections (1)(d) and (5)(e); and

(h) section 85 (children accommodated by health authorities and local education authorities), in subsection (1).

(3) In section 105 (interpretation), there is inserted, in the appropriate alphabetical position ““Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;”.

Access to Health Records Act 1990 (c. 23)

21.—(1) The Access to Health Records Act 1990 is amended as follows.

(2) In section 11 (interpretation) —

(a) in paragraph (a) of the definition of “health service body” after the words “Special Health Authority” there is inserted “, Local Health Board”; and

(b) in the correct alphabetical position there is inserted ““Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

22.  In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners) in subsection (1)(a) for “Health Authority” there is substituted “Local Health Board”.

Tribunals and Inquiries Act 1992 (c. 53)

23.  In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of council) —

(a) in paragraph 33(a), for “Health Authorities” there is substituted “Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006”; and

(b) in paragraph 33(c) for “Health Authorities” there is substituted “Local Health Boards”.

Welsh Language Act 1993 (c. 38)

24.  In section 6 of the Welsh Language Act 1993 (meaning of “public body”) in subsection (1)(f) the words “a Health Authority or” are omitted.

Health Authorities Act 1995 (c. 17)

25.  In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings) in paragraphs 2(1), 2(2), 2(6) and 2(7) for “Health Authority” there is substituted “Local Health Board”.

Education Act 1996 (c. 56)

26.—(1) The Education Act 1996 is amended as follows.

(2) In section 322 (duty of health authority or local authority to help local education authority) —

(a) in subsection (1) for “Health Authority” there is substituted “Local Health Board” and after the words “help of the” there is inserted “board,”;

(b) in subsection (2) after the words “An authority” there is inserted “, a board”;

(c) in subsection (3)(a) for “Health Authority there is substituted “Local Health Board” and for “authority” there is substituted “board”; and

(d) in subsection (4) after the words “an authority” there is inserted “, a board”.

(3) In section 332 (duty of health authority, a primary care trust, or national health service trust to notify parent etc) —

(a) in the heading and in subsection (1) for “Health Authority” there is substituted “Local Health Board”; and

(b) in subsections (2) and (3) for “Authority” in each place where it occurs there is substituted “Board”.

Employment Rights Act 1996 (c. 18)

27.—(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 43K (extension of meaning of “worker” etc for Part 4A), in subsection (1)(c)(i) for “Health Authority” there is substituted “Local Health Board”.

(3) In section 50 (right to time off for public duties) in paragraph (b) of subsection (8) for “Health Authority” there is substituted “Local Health Board established under section 11 of the National Health Service (Wales) Act 2006”.

(4) In section 218 (change of employer) in subsection (10)(a) the words “and Health Authorities” are omitted and after subsection 10(ca) there is inserted —

“(cb) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006,”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

28.  In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants), in subsection (2)(f) for “health authority” there is substituted “Local Health Board”.

Crime and Disorder Act 1998 (c. 37)

29.—(1) The Crime and Disorder Act 1998 is amended as follows.

(2) For “health authority” there is substituted “Local Health Board” in the following sections —

(a) section 5 (authorities responsible for strategies), in subsection (1)(f);

(b) section 38 (local provision of youth justice services) in subsection (2)(b);

(c) section 39 (youth offending teams) in subsections (3)(b) and (5)(d);

(d) section 41 (the youth justice board), in subsection (10);

(e) section 42 (supplementary provisions), in subsection (3); and

(f) section 115 (disclosure of information) in subsection (2)(f).

Care Standards Act 2000 (c. 14)

30.—(1) The Care Standards Act 2000 is amended as follows.

(2) In section 20 (urgent procedure for cancellation etc), in subsection (6)(b) for “Health Authority” there is substituted “Local Health Board”.

(3) In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii) for “Health Authorities” there is substituted “Local Health Boards”.

(4) In section 89 (effect of inclusion in list), subsection (4C)(d) is omitted.

(5) In Schedule 2A (persons subject to review by the commissioner under section 72B), after paragraph 2 insert as paragraph 2A, “2A Any Local Health Board for an area in, or consisting of, Wales”.

(6) In Schedule 2B (persons whose arrangements are subject to review by the commissioner under section 73), after paragraph 3 insert as paragraph 3A, “3A Any Local Health Board for an area in, or consisting of Wales”.

Learning and Skills Act 2000 (c. 21)

31.—(1) The Learning and Skills Act 2000 is amended as follows.

(2) In section 125 (consultation and co-ordination), in subsection (1)(a) for “Health Authority” there is a substituted “Local Health Board”.

(3) In section 129 (supplementary), in subsection (1) insert in the appropriate alphabetical position, ““Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,”.

(4) In section 138 (Wales : provision of information by public bodies), subsection (3)(b) is omitted.

International Development Act 2002 (c. 1)

32.—(1) The International Development Act 2002 is amended as follows.

(2) In Schedule 1 (statutory bodies to which section 9 applies) —

(a) the words “A Health Authority” are omitted; and

(b) the words “A Local Health Board” are inserted in the appropriate alphabetical position.

Sexual Offences Act 2003 (c. 42)

33.  In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5) in the definition of “National Health Service body” for “Health Authority” there is substituted “Local Health Board”.

Explanatory Note

(This note is not part of the Order)

This Order makes amendments relating to the establishment of Local Health Boards in Wales from 1 April 2003 and the abolition of Health Authorities on the same date. The Order makes amendments of enactments appropriate to reflect the fact that functions of former Health Authorities were transferred to the Assembly under the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition (Wales) Order 2003 (S.I. 2003/813) and such functions were then made exercisable by Local Health Boards under the Local Health Boards (Functions) (Wales) Regulations 2003 (S.I. 2003/150). The Order makes further amendments to enactments in consequence of, or in connection with, the abolition of Welsh Health Authorities.

The Order also provides that in relation to subordinate legislation all references to a Health Authority or Health Authorities are to be treated as references to a Local Health Board or Local Health Boards unless the context otherwise requires.

(1)

2006 c. 28.

(2)

1978 (c. 30).

(3)

1998 c. 38.