Office of Public Sector Information
SCHEDULE 1 continued PART I continued
45 In section 96 (trusts: supplementary provisions), in subsection (1A), for “health authority” substitute “Health Authority or Special Health Authority”.
46 In section 96A (power to raise money by appeals, collections etc.)—
(a) in subsection (1), for—
(i) “health authority”, and
(ii) “authority”,
substitute “Health Authority, Special Health Authority”,
(b) in subsections (3) and (4), for “health authority, NHS trust or Board” substitute “Health Authority, Special Health Authority or NHS trust”,
(c) in subsection (5), for “District Health Authority” substitute “Health Authority”,
(d) in subsection (6), omit the words from “to another” to “for an NHS trust”,
(e) in subsections (7) to (9), for—
(i) “health authority, NHS trust or Board” (in each place), and
(ii) “authority, NHS trust or Board” (in each place),
substitute “Health Authority, Special Health Authority or NHS trust”, and
(f) in subsection (8), omit—
(i) “or by a Regional Health Authority”, and
(ii) “or that Authority”.
47 For section 97 substitute—
(1) It is the duty of the Secretary of State to pay to each Health Authority sums equal to expenditure of the Health Authority which—
(a) is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act; but
(b) is not expenditure within subsection (2) below.
(2) It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act which are expenses—
(a) incurred in connection with the provision of the services (or in giving instruction in matters relating to the services); and
(b) of a description specified in the allotment.
(3) It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which—
(a) is attributable to the performance by the Health Authority of their functions in that year; but
(b) is not expenditure within subsection (1) or (2) above.
(4) It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year.
(5) An amount is allotted to a Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.
(6) The Secretary of State may give directions to a Health Authority or Special Health Authority with respect to—
(a) the application of sums paid to them under subsections (1) to (3), or subsection (4), above;
(b) the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; or
(c) the application by them of sums received by them by virtue of section 15(7)(a) of the [1990 c. 19.] National Health Service and Community Care Act 1990.
(7) Where directions have been given to a Health Authority or Special Health Authority under subsection (6) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.
(8) Where an order establishing a Special Health Authority provides for any expenditure of the Special Health Authority to be met by a Health Authority or by two or more Health Authorities in portions determined by or in accordance with the order, it is the duty of the Health Authority, or each of the Health Authorities, to pay to the Special Health Authority sums equal to, or to the appropriate portion of, that expenditure.
(9) Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.”
48 For section 97A substitute—
(1) It is the duty of every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Health Authority which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of—
(a) the amounts allotted to them for that year under subsections (2) and (3) of that section;
(b) any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and
(c) any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.
(2) It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of—
(a) the amount allotted to them for that year under subsection (4) of section 97 above;
(b) any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and
(c) any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.
(3) The Secretary of State may give such directions to a Health Authority or Special Health Authority as appear to be requisite to secure that the Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above.
(4) Directions under subsection (3) above may be specific in character.
(5) Where directions have been given to a Health Authority or Special Health Authority under subsection (3) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.
(6) To the extent to which—
(a) any expenditure is defrayed by a Health Authority or Special Health Authority as trustee or on behalf of a Health Authority or Special Health Authority by special trustees; or
(b) any sums are received by a Health Authority or Special Health Authority as trustee or under section 96A above,
that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section.
(7) For the purposes of this section sums which, in the hands of a Health Authority or Special Health Authority, cease to be trust funds and become applicable by the Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Health Authority or Special Health Authority otherwise than as trustee.
(8) Of the sums received by a Health Authority or Special Health Authority under section 96A above so much only as accrues to the Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above.
(9) Subject to subsection (6) above, the Secretary of State may by directions determine—
(a) whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a Health Authority or Special Health Authority of a description specified in the directions;
(b) whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as—
(i) expenditure within subsection (1) above of a Health Authority of a description so specified; or
(ii) expenditure within subsection (2) above of a Special Health Authority of a description so specified; or
(c) the extent to which, and the circumstances in which, sums received—
(i) by a Health Authority under subsections (1) to (3) of section 97 above; or
(ii) by a Special Health Authority under subsection (4) of that section,
but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.”
49 Omit section 97B (financial duties of Family Health Services Authorities in Wales).
50 In section 98 (accounts and audit)—
(a) in subsection (1), for paragraphs (a) to (cc) substitute—
“(a) every Health Authority;
(b) every Special Health Authority;
(c) every NHS trust;”,
(b) in subsection (2A)—
(i) for “District Health Authority” substitute “Health Authority”,
(ii) for “Authority’s district” substitute “Health Authority’s area”, and
(iii) for “Authority is the prescribed Authority” substitute “Health Authority is prescribed for the purposes of this subsection”,
(c) in the subsection numbered (2B) which was inserted by section 20(2)(b) of the [1990 c. 19.] National Health Service and Community Care Act 1990—
(i) after “paid” insert “under section 15 of the [1990 c. 19.] National Health Service and Community Care Act 1990”,
(ii) for “Family Health Services Authority” (in both places) substitute “Health Authority”, and
(iii) for “the Authority” substitute “the Health Authority”, and
(d) omit subsection (5).
51 In section 99 (regulation of financial arrangements), in subsection (1), for paragraphs (a) to (d) substitute—
“(a) Health Authorities,
(b) Special Health Authorities,”.
52 In section 103 (special arrangement as to payment of remuneration), in subsection (3), for “Family Health Services Authority which, under Part II of this Act, has” substitute “Health Authority which, under Part II of this Act, have”.
53 In section 104 (superannuation of officers of certain hospitals), in subsection (1)(a), for “Area or District Health Authorities” substitute “Health Authorities”.
54 In section 105 (payments for certain medical examinations), in subsection (2)(b), for “health authority” substitute “Health Authority or Special Health Authority”.
55 In section 124 (special notices of births and deaths)—
(a) in subsection (2)—
(i) for the words from “prescribed” to “includes” substitute “Health Authority the area of which includes”, and
(ii) for “Authority’s area or district as are entered (on and after 1st April 1974)” substitute “Health Authority’s area as are entered”,
(b) in subsection (4), for the words from “prescribed” to “district” substitute “Health Authority for the area”,
(c) in subsection (5)—
(i) for the words from “prescribed” to “office” substitute “Health Authority at their offices”,
(ii) for “that officer’s office” substitute “the Health Authority’s offices”,
(iii) for “an Area or District Health Authority” substitute “a Health Authority”, and
(iv) omit “or district”,
(d) in subsection (6), for “Area or District Health Authority” substitute “Health Authority”, and
(e) in subsection (7), for “medical officer” substitute “Health Authority”.
56 In section 125 (protection of members and officers of authorities), for paragraphs (a) to (d) substitute—
“(a) a Health Authority,
(b) a Special Health Authority, and
(c) an NHS trust,”.
57 In section 126 (regulations and directions: general provisions), for the second sentence of subsection (3) substitute—
“(3A) Directions given by the Secretary of State in pursuance of any provision of this Act or Part I of the [1990 c. 19.] National Health Service and Community Care Act 1990 shall be given by an instrument in writing.
(3B) In relation to directions given in pursuance of sections 11 to 17 above section 18 above applies in place of subsections (3) and (3A) above.”
58 In section 128 (interpretation), in subsection (1)—
(a) omit the definitions of “District Health Authority” and “health authority”, and
(b) after the definition of “functions” insert—
““fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990;”.
59 In Schedule 5 (authorities), insert as Part I (and in substitution for the existing heading of the Schedule)— “Health Authorities and Special Health Authorities
1 A Health Authority shall consist of—
(a) a chairman appointed by the Secretary of State;
(b) not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and
(c) a prescribed number of officers of the Health Authority.
2 Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above—
(a) must hold posts of a prescribed description; or
(b) must fulfil any other prescribed conditions.
3 Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either—
(a) hold an office of the Health Authority of a prescribed description; or
(b) be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above.
4 Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.”
60 In Part III of that Schedule (supplementary provisions about authorities)—
(a) in paragraph 8, for the words from “Regional” to “Committee” substitute “Health Authority and each Special Health Authority”,
(b) in paragraph 9—
(i) in sub-paragraph (1), omit “or a Regional Health Authority”, and
(ii) in sub-paragraph (7), for the words from “means” to “which is specified” substitute “means—
(a) a Health Authority; or
(b) any Special Health Authority which is specified”,
(c) in paragraph 10—
(i) in sub-paragraph (1)(b), after “employ” insert “a chief officer and officers of such other descriptions as may be prescribed and to employ”, and
(ii) in sub-paragraph (3), omit paragraphs (b) and (d),
(d) in paragraph 11, omit—
(i) in sub-paragraph (2), “or, as the case may be, a Regional Health Authority's,”, “or the Authority” (in both places), “or itself” and “or paragraph (d)”, and
(ii) in sub-paragraph (3), “or Regional Health Authority” and “or paragraph (b)” and “or the Authority” (in both places),
(e) in paragraph 12(b), omit “, and the exercise of functions by,”,
(f) in paragraph 12A, for the words from “or Schedule 1” to “those Schedules)” substitute “may make provision (including provision modifying this Schedule)”, and
(g) omit paragraph 15(3).
61 In Schedule 6 (local advisory committees)—
(a) in paragraph 1(1), omit “, or for the region of a Regional Health Authority, or the area or district of an Area or District Health Authority,”,
(b) in paragraph 2, omit “or (3)”,
(c) omit paragraph 4,
(d) in paragraph 5—
(i) for “An Authority” substitute “The Secretary of State”,
(ii) for “paragraphs 3 or 4” substitute “paragraph 3”,
(iii) for “the Authority” substitute “the Secretary of State”, and
(iv) omit the second sentence, and
(e) in the heading, for “Local Advisory Committees” substitute “Advisory Committees for Wales”.
62 In Schedule 7 (Community Health Councils)—
(a) in paragraph 2—
(i) in paragraph (d), for the words from “Regional” to “Committees” substitute “Health Authorities and NHS trusts”,
(ii) in paragraph (e), for the words from “Regional” to “Services Authorities” substte “Health Authorities and NHS trusts” and for “such health authorities” substitute “Health Authorities”,
(iii) in paragraph (f), for “such Authorities and Committees” substitute “Health Authorities”, and
(iv) in paragraph (g), for “such Authorities or Committees” substitute “Health Authorities”,
(b) in paragraph 3(d), for the words from “Regional” to the end substitute “Health Authority.”,
(c) in paragraph 7, in the definition of “district”, for the words from “the locality” to “District Health Authorities” substitute “the district for which it is established, whether the district consists of the whole or part of the area of a Health Authority or of the whole or part of the area of one Health Authority together with the whole or part of the area of one or more others,”, and
(d) omit paragraph 8.
63 In Schedule 9 (tribunal for purposes of section 46), in paragraph 3, for “Family Practitioner Committees” (in both places) substitute “Health Authorities”.
64 In Schedule 14 (transitional provisions and savings), in paragraph 13—
(a) in sub-paragraph (1)(b), for the words from “paragraphs” to “152” substitute “paragraphs 2, 7 to 9, 40, 68, 82, 109, 111, 123, 124(2) and (3), 125(2), 128, 130, 131(2), 132, 133, 151 and 152”, and
(b) in sub-paragraph (2)—
(i) after “this Act” insert “or the Health Authorities Act 1995”, and
(ii) for “131” substitute “131(2)”.
65 The [1990 c. 19.] National Health Service and Community Care Act 1990 shall be amended as follows.
66 In section 1 (regional and district health authorities), in subsection (3), for “Part III of Schedule 5 to the principal Act” substitute “In the [1977 c. 49.] National Health Service Act 1977 (in this Part of this Act referred to as “the principal Act”), Part III of Schedule 5”.
67 In section 3 (primary and other functions of health authorities etc. and exercise of functions)—
(a) for subsection (1) substitute—
“(1) Any reference in this Act to the primary functions of a Health Authority or Special Health Authority is a reference to those functions for the time being exercisable by the Health Authority or Special Health Authority by virtue of—
(a) directions under section 11 or 13 of the principal Act;
(b) section 15 or Part II of the principal Act; or
(c) any provision of this Act (apart from subsection (2) below).”,
(b) in subsection (2), for—
(i) “Regional, District or Special Health Authority or a Family Health Services Authority”, and
(ii) “authority”,
substitute “Health Authority or Special Health Authority”,
(c) in subsection (5), for—
(i) “Regional, District or Special Health Authority”, and
(ii) “authority”,
substitute “Health Authority or Special Health Authority”,
(d) in subsection (6)—
(i) in paragraph (a), for “Regional, District or Special Health Authority” substitute “Health Authority or Special Health Authority”,
(ii) in paragraph (b), for “health authority” substitute “authority which is a Health Authority or Special Health Authority”, and
(iii) in the words following that paragraph, for “the authority” substitute “the Health Authority or Special Health Authority” and for “other health authority” substitute “other authority”, and
(e) in subsection (8), for—
(i) “Regional, District or Special Health Authority”, and
(ii) “authority”,
substitute “Health Authority or Special Health Authority”.
68 In section 4 (NHS contracts), in subsection (2)—
(a) for paragraph (a) substitute—
“(a) a Health Authority;
(aa) a Special Health Authority;”, and
(b) omit paragraph (d).
69 In section 5 (NHS trusts)—
(a) in subsection (1), for “Regional, District or Special Health Authorities” substitute “Health Authorities or Special Health Authorities”,
(b) for subsections (2) to (4) substitute—
“(2) No order shall be made under subsection (1) above until after the completion of such consultation as may be prescribed.”,
(c) in subsection (6), for “health authorities” substitute “Health Authorities or Special Health Authorities”, and
(d) in subsection (7), the words from “and, without prejudice” onwards shall follow (rather than form part of) paragraph (f).
70 In section 6 (transfer of staff to NHS trusts)—
(a) for “health authority” (in each place) substitute “Health Authority or Special Health Authority”, and
(b) in subsection (4)(a), for “health authority’s rights, powers, duties and liabilities” substitute “rights, powers, duties and liabilities of the Health Authority or Special Health Authority”.
71 In section 7 (supplementary provisions as to transfer of staff), in subsection (1)(b), for “health authority” substitute “Health Authority or Special Health Authority”.
72 In section 8 (transfer of property, rights and liabilities to NHS trusts), for “health authority” (in each place) substitute “Health Authority or Special Health Authority”.
73 In section 14 (recognition of fund-holding practices of doctors)—
(a) in subsections (1) and (2), for “relevant Regional Health Authority” substitute “Secretary of State”,
(b) omit subsections (3) to (5), and
(c) in subsection (6), omit paragraph (d).
74 In section 15 (payments to recognised fund-holding practices)—
(a) for subsection (1) substitute—
“(1) In respect of each financial year, every Health Authority shall be liable to pay to the members of each recognised fund-holding practice in relation to which they are the relevant Health Authority a sum determined by the Secretary of State in such manner and by reference to such factors as the Secretary of State may direct (in this section referred to as an “allotted sum”).”,
(b) omit subsection (2),
(c) in subsection (3), omit “or subsection (2)”,
(d) for subsection (4) substitute—
“(4) In any case where—
(a) a Health Authority make a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and
(b) some of the individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board,
the Health Authority making the payment shall be entitled to recover from that other Health Authority, or from that Health Board, an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.”,
(e) omit subsection (5),
(f) in subsection (7)—
(i) in paragraph (a), for “Regional Health Authority”, and
(ii) in paragraph (c), for “District Health Authority”,
substitute “Health Authority”,
(g) omit subsection (8), and
(h) in subsection (9), for—
(i) “Family Health Services Authority”, and
(ii) “Authority”, in the other place,
substitute “Health Authority”.
75 In section 16 (renunciation and removal of recognition as a fund-holding practice and withholding of funds)—
(a) in subsection (2), omit—
(i) “the relevant Regional Health Authority or, as the case may be,”, and
(ii) “the Regional Health Authority or, as the case may be,”,
(b) in subsection (3)(b), omit the words from the beginning to “Authority;”,
(c) in subsection (4)—
(i) for “District Health Authorities” substitute “Health Authorities”, and
(ii) omit “the Regional Health Authority or, as the case may be,”,
(d) omit subsection (5),
(e) in subsection (6), for the words from “Regional” to the end substitute “Health Authority of an amount equal to that determined by the Secretary of State as having been so applied.”, and
(f) omit subsection (7).
76 In section 17 (transfer of functions relating to recognised fund-holding practices)—
(a) in subsection (1)—
(i) omit “a Regional Health Authority or, in Wales,”, and
(ii) for “Family Health Services Authority” substitute “Health Authority”,
(b) in subsection (2), for “Family Health Services Authority” substitute “Health Authority”, and
(c) after that subsection insert—
Health Authorities Act 1995