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Statutory Instrument 1994 No. 681

The National Health Service (Determination of Districts) Order 1994

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1994 No. 681

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Determination of Districts) Order 1994

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Made10th March 1994
Laid before Parliament10th March 1994
Coming into force1st April 1994

    The Secretary of State for Health, in exercise of powers conferred on her by sections 8(1), (2) and (4) and 126(4) of the National Health Service Act 1977[1] and of all other powers enabling her in that behalf, hereby makes the following Order:
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the National Health Service (Determination of Districts) Order 1994 and shall come into force on 1st April 1994.

        (2)  In this Order—
      "the Act" means the National Health Service Act 1977;

      "the material date" means 1st April 1994;

      "the new authorities" means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1994[2], being in each case an authority established by that Order;

      "the old authorities" means the health authorities specified in Schedule 1 to that Order, being—
         (a) in the case of the Suffolk Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1993[3];
         (b) in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990[4];

      "the relevant new authority" means—
         (a) as respects any old authority specified in column (1) in Part I of Schedule 1 to this Order, the new authority which is specified in column (2) of that Part in relation to that old authority; and
         (b) as respects the old authority referred to in Part II of that Schedule, the new authority which is determined, in accordance with that Part, to be the relevant new authority in relation to that old authority.

        (3)  The provisions of sub-paragraphs (a) and (b) of article 2(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981[5] shall apply to the interpretation of references in article 2(4) of, and Schedule 4 to this Order as they apply to references in Schedule 1 to that Order.
    Variation of districts
        2.—(1)  The districts specified in Schedule 2 to this Order are hereby abolished.

        (2)  There are determined 20 new districts, to be known by the names specified in column (1) of Schedule 3 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.

        (3)  There are also determined 4 new districts to be known by the names specified in column (1) of Schedule 4 to this Order, and each comprising the district described in relation to it in column (2) of that Schedule.

        (4)  Kingston and Richmond District is varied to exclude the wards (as altered by the London Borough of Wandsworth (Electoral Arrangements) Order 1977[6] of East Putney, Parkside, Roehampton, Thamesfield, West Hill and West Putney in the London borough of Wandsworth, and it is further varied to exclude, and Mid Surrey District is varied to include, the area of the former urban district of Esher, in the borough of Elmbridge, in the county of Surrey.

        (5)  South Birmingham District is varied to exclude in Nechells ward in the city of Birmingham, that part lying to the west of the avoiding railway line which runs from Saltley Viaduct to Landor Street Junction to Coventry Road.

        (6)  In the National Health Service (Determination of Districts) Order 1981—
       (a) in regulation 3(3) for the words from "the Schedule" to "that Schedule" there are substituted the words "Schedule 3 to the National Health Service (Determination of Regions) Order 1994[7], and numbered 1 to 8 in that Schedule";
       (b) for Schedule 1 there is substituted the new Schedule 1 set out in Schedule 5 to this Order.

    Transfer of officers employed by District Health Authorities
        3.—(1)  Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.

        (2)  Where—
       (a) this article makes provision for the transfer of an officer; and
       (b) the officer in question is employed jointly by any or the old authorities and another person,
    that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment and officer is modified so as to substitute the relevant new authority as one of the joint employers.

        (3)  This article shall not apply to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990[8], to be transferred on the material date to a National Health Service trust.
    Preservation of training arrangements
        4.    Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
    Enforceability of rights
        5.    Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
    Winding up of affairs of old authorities
        6.    It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
    Accounts of old authorities
        7.    Any duty imposed on any of the old authorities by section 98[9] of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
    Provision for continuity in exercise of functions
        8.—(1)  Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made or given to or by, the relevant new authority.

        (2)  Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.

        (3)  Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority as the case may be.
    Accommodation and services made available on payment of charges
        9.    To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65[10] of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
    Investigation of complaints by Health Service Commissioner
        10.—(1)  A complaint made under the Health Service Commissioners Act 1993[11] to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.

        (2)  The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and (except where it is itself the relevant new authority) to the Regional Health Authority in whose region the district of that new authority is situated.
    Transfer of trust properties of old authorities
        11.    Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
    Exercise of powers in relation to trusts
        12.    Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service[12] is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.
    Appointment of new trustees
        13.    Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustee shall from that date instead include the holder of the corresponding office with the relevant new authority.


Signed by authority of the Secretary of State for Health,

Tom Sackville

Parliamentary Under Secretary of State, Department of Health

10th March 1994





Notes:

[1] 1977 c. 49; section 8 was amended by the Health Services Act 1980 (c. 53), Schedule 1, Part I, paragraph 28, and by the National Health Service and Community Care Act 1990 (c. 19), section 1.

[2] S.I. 1994/680.

[3] S.I. 1993/572.

[4] S.I. 1990/1756, as amended by S.I. 1991/325, 2040, 1992/119, 366, 2164, 2752, 1993/572 and 2218.

[5] S.I. 1981/1837, as amended by S.I. 1982/344, 1983/30, 336, 1984/328, 1985/25, 370, 1988/407, 1990/1755, 1991/326, 2039, 1992/120, 367, 2163, 2751, 1993/574 and 2219.

[6] S.I. 1977/1962.

[7] S.I. 1994/683.

[8] 1990 c. 19.

[9] Section 98 was amended by paragraphs 69 and 97 of Schedule 1 to the Health Services Act 1980 (c. 53), paragraph 3 of Schedule 5 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 6(2) of, and Part I of Schedule 8 to, the Health and Social Security Act 1984 (c. 48) and section 20 of the National Health Service and Community Care Act 1990 (c. 19).

[10] Section 65 was substituted by section 7(10) of the Health and Medicines Act 1988 (c. 49), and amended by section 25 of the National Health Service and Community Care Act 1990 (c. 19).

[11] 1993 c. 46.

[12] See section 91 of the National Health Service Act 1977 (c. 49).

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