Statutory Instrument 1996 No. 709

The Health Authorities Act 1995 (Transitional Provisions) Order 1996

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© Crown Copyright 1996

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1996 No. 709

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Authorities Act 1995 (Transitional Provisions) Order 1996

The Secretary of State for Health, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of powers conferred by section 126(4) and (5) of the National Health Service Act 1977^[1] and paragraphs 4, 7(1) (a), 13, 14, 16, 18, 19 and 20 of Schedule 2 to the Health Authorities Act 1995^[2], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation.
    1.—(1)  This Order may be cited as the Health Authorities Act 1995 (Transitional Provisions) Order 1996 and shall come into force on 1st April 1996.

    (2)  In this Order, unless the context otherwise requires—

"the 1977 Act" means the National Health Service Act 1977;


"the 1993 Act" means the Health Service Commissioners Act 1993^[3];


"the 1995 Act" means the Health Authorities Act 1995;


"charity" means a charity connected with purposes relating to the health service^[4];


"District Health Authority" means a District Health Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;


"Family Health Services Authority" means a Family Health Services Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;


"new authority" means a Health Authority specified in column (1) of the Schedule to the Health Authorities (England) Establishment Order 1996^[5] or column (1) of the Schedule to the Health Authorities (Wales) Establishment Order 1996^[6];


"old authority" means any District Health Authority or any Family Health Services Authority;


"Regional Health Authority" means a Regional Health Authority in existence immediately before 1st April 1996 under the 1977 Act as then in force;


"the relevant new authority" means—
 (a) as respects any old authority specified in column (1) of Schedule 1, the new authority which is specified in column (2) of that Schedule in relation to that old authority;
 (b) as respects any old authority specified in column (1) of Schedule 2, such new authority specified in column (2) or column (3) of that Schedule in relation to that old authority as is determined, in accordance with Schedule 3, to be the relevant new authority; and
 (c) as respects any Regional Health Authority specified in column (1) of Schedule 4, the Health Authority which is specified in column (2) of that Schedule in relation to that Regional Health Authority; and


"the Service Committees Regulations" means the National Health Service (Service Committees and Tribunal) Regulations 1992^[7] as in force on 31st March 1996.

    (3)  In this Order, unless the context otherwise requires—
 (a) any reference to a numbered article is a reference to the article bearing that number in this Order;
 (b) any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article; and
 (c) any reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.

Transfer of officers employed by old authorities.
    2.    Any officer employed immediately before 1st April 1996 by an old authority specified in column (1) in Part I or III of Schedule 1 and who is not—
 (a) transferred on that date by means of a scheme made under paragraph 7(1)(b) of Schedule 2 to the 1995 Act; or
 (b) a person to whom paragraph 7(3) of that Schedule applies (persons transferred to NHS trusts on 1st April 1996);
is transferred on that date to the employment of the relevant new authority.

Transfer of officers employed by Regional Health Authorities.
    3.—(1)  Subject to paragraphs (2) and (3), any officer who is employed immediately before 1st April 1996 by a Regional Health Authority is transferred on that date to the employment of the Secretary of State.

    (2)  Subject to paragraph (3), any officer of the grade of Senior Registrar, Registrar or Specialist Registrar who is employed immediately before 1st April 1996 by a Regional Health Authority is transferred on that date to the employment of the NHS trust on whose functions that officer was engaged to work immediately before that date.

    (3)  Paragraphs (1) and (2) shall not apply to an officer who is—
 (a) transferred on 1st April by virtue of a scheme made under paragraph 7(1)(b) of Schedule 2 to the 1995 Act; or
 (b) a person to whom paragraph 7(3) of that Schedule (persons transferred to NHS trusts on 1st April 1996) applies.

Transfer of trust property.
    4.—(1)  Subject to paragraph (2), any trust property vested immediately before 1st April 1996 in any old authority specified in column (1) in Part I of Schedule 1 shall on that date be transferred to the relevant new authority.

    (2)  Paragraph (1) shall not apply to any trust property which is vested immediately before 1st April 1996 in an old authority and which is transferred on that date by virtue of an order made under section 92 of the 1977 Act.

Accounts, and winding up of affairs, of old authorities.
    5.—(1)  Any duty imposed on an old authority by section 98 of the 1977 Act, but not performed by 1st April 1996, shall be performed by the relevant new authority in accordance with the provisions of that section, of any regulations made under that section and of any directions which may be given by the Secretary of State.

    (2)  Each new authority shall take 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.

    (3)  Any new authority which is specified in column (2) of Schedule 2 in relation to an old authority specified in column (1) of that Schedule shall, in accordance with any directions which the Secretary of State may give, assist the relevant new authority specified in column (3) of that Schedule with the discharge of its duties under paragraphs (1) and (2) with respect to the accounts and winding up of that old authority.

Exercise of powers in relation to trusts.
    6.    Where, immediately before 1st April 1996, any power to appoint trustees of a charity is, under the trusts of the charity, vested in—
 (a) an old authority which is specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
 (b) a Regional Health Authority,
that power vests on that date in the relevant new authority.

Substitution of new trustees.
    7.    Where, under the trusts of a charity, the charity trustees immediately before 1st April 1996 include a person who is a trustee by virtue of his being an officer of—
 (a) an old authority which is specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
 (b) a Regional Health Authority,
the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.

Amendment of trust instruments.
    8.    Any trust instrument or scheme which contains—
 (a) a reference to an old authority specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
 (b) a reference to a Regional Health Authority,
shall continue to apply with the substitution for that reference of a reference to the relevant new authority.

Investigation of complaints by Health Service Commissioners.
    9.—(1)  A complaint made to the Health Service Commissioner for England or Wales under the 1993 Act—
 (a) in relation to an old authority; or
 (b) which is, by virtue of any enactment in force on 31st March 1996, to be treated as if it had been made in relation to an old authority,
whether made before, on or after 1st April 1996, may, notwithstanding the abolition of that Authority, be investigated by that Commissioner, as if the complaint had been made in relation to the relevant new authority.

    (2)  A complaint made to the Health Service Commissioner for England under the 1993 Act—
 (a) in relation to any Regional Health Authority, or
 (b) which is, by virtue of any enactment in force on 31st March 1996, to be treated as if it had been made in relation to any Regional Health Authority,
whether made before, on or after 1st April 1996, may, notwithstanding the abolition of that Authority, be investigated by that Commissioner in accordance with that Act as modified by paragraph (3).

    (3)  For the purpose of the investigation of a complaint to which paragraph (2) applies, the 1993 Act shall be modified as follows:—
 (a) in section 11 (procedure in respect of investigations)—
 (i) in subsection (1)(a), for "health service body concerned" substitute "Secretary of State"; and
 (ii) in subsection (5), for "the health service body concerned" and "that body" substitute (in each case) "the Secretary of State";
 (b) in section 12 (evidence), in subsection (1), for the words from "or member" to "concerned" substitute "of the Secretary of State"; and
 (c) in section 14 (reports by Commissioners), omit subsection (1)(c).

Investigation of other complaints.
    10.—(1)  Any complaint made or any matter referred before 1st April 1996 under Part II of the Service Committees Regulations to a Family Health Services Authority but not disposed of by that date shall continue to be investigated by the relevant new authority as if any reference in those Regulations to a Family Health Services Authority were a reference to a Health Authority, and the appropriate committee under regulation 4 of those Regulations may continue to investigate such a complaint or, as the case may be, such a matter, as if that committee were a committee of the relevant new authority.

    (2)  Any complaint made before 1st April 1996 under section 1 of the Hospital Complaints Procedure Act 1985^[8] , but not disposed of before that date, in relation to a hospital managed by—
 (a) an old authority specified in column (1) in Part I or II of Schedule 1, or in Part I or II of Schedule 2; or
 (b) a Regional Health Authority,
shall be dealt with by the relevant new authority.

Community Health Councils.
    11.—(1)  Notwithstanding section 1(1) of the 1995 Act (abolition of RHAs, DHAs and FHSAs) and the coming into force of the Health Authorities (England) Establishment Order 1996^[9], any Community Health Council^[10] in existence on 31st March 1996 in relation to any district in England shall continue to be established in relation to the same district.

    (2)  In paragraph (1), "district" has the meaning assigned to it by paragraph 7 of Schedule 7 to the 1977 Act^[11].

Joint Consultative Committees.
    12.    Until 1st October 1996, the Joint Consultative Committees Order 1985^[12] shall have effect as if—
 (a) in article 6 of that Order (representation of voluntary organisations on Committees) for the words "three members" there were substituted the words "such number of members, being not less than two, as the Secretary of State shall, in relation to any Committee, determine";
 (b) for article 7 of that Order (appointment of members by voluntary organisations) there were substituted the following article—

"Appointment of members by voluntary organisations.
    7.—(1)  The Secretary of State shall, after consultation with each Health Authority and each local authority represented on the Committee, invite such number as he thinks fit of the voluntary organisations which appear to him to have an interest in services of common concern to those bodies to appoint members to the Committee.

    (2)  Each organisation which is invited under paragraph (1) above to make appointments shall appoint to the Committee such number of members as the Secretary of State shall determine in relation to that organisation.

    (3)  Before exercising its power of appointment under paragraph (2) above, a voluntary organisation shall, for the purposes of giving effect to paragraph (4) below, consult the other organisation or organisations invited to make appointments to the same Committee.

    (4)  The voluntary organisations which are invited under paragraph (1) above to make appointments to the same Committee shall so exercise their powers under paragraph (2) above as to secure that any person who on 31st March 1996 was, by virtue of article 7 of the Order as then in force, a member of a Committee ("the old Committee") is given an opportunity to serve until 30th September 1996 on a Committee on which there is represented a Health Authority whose area includes the whole or any part of the district of a former District Health Authority which was represented on the old Committee." ; and


 (c) in article 8 of that Order (vacancies among members appointed under article 7)—
 (i) in paragraph (2), for the words from "appointed" to the end of the paragraph there were substituted the words "shall be for a period ending on 30th September 1996.",
 (ii) paragraphs (4) and (6) were omitted,
 (iii) in paragraph (7) for the words from "invite" to the end of the paragraph there were substituted the words "invite the voluntary organisation which appointed the member whose departure has given rise to the vacancy to appoint another member in his place.", and
 (iv) paragraph (8) were omitted.

Lists of practititioners.
    13.—(1)  Any person ("the practitioner") whose name was, on 31st March 1996, included in any list maintained by a Family Health Services Authority under section 29, 36, 39 or 42 of the 1977 Act shall on 1st April 1996 have his name included in the corresponding list maintained by—
 (a) in the case of a list maintained under section 29 of the 1977 Act, any Health Authority in whose area there resides a person who is on the practitioner's list of patients; and
 (b) in the case of any other list, any Health Authority in whose area are located premises at or from which the practitioner was on 31st March providing, and continues to provide, services under Part II of the 1977 Act.

    (2)  In paragraph (1), "Health Authority" means a Health Authority specified in column (2) of Schedule 1, or in column (2) or (3) of Schedule 2, in relation to that Family Health Services Authority.

Continuity in exercise of functions of old authorities.
    14.—(1)  Subject to paragraph (2), anything done by or in relation to, or any application made by or in relation to, or any direction, authorisation or notice given to, by or in relation to, an old authority is deemed to have been done by or in relation to, or made by or in relation to, or given to, by or in relation to, the relevant new authority.

    (2)  Paragraph (1) shall not apply to any recognition granted by a Family Health Services Authority under section 44(1) of the 1977 Act in relation to a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee.

    (3)  Any instrument made by an old authority 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.

    (4)  Any form supplied by an old authority and any form supplied by the Secretary of State relating to an old authority 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, as the case may be, the relevant new authority, as if any reference contained in the form to the old authority were a reference to the relevant new authority.

Continuity in exercise of functions of Regional Health Authorities.
    15.—(1)  Subject to paragraph (2), anything done by or in relation to, or any application made by or in relation to, or any direction, authorisation or notice given to, by or in relation to, any Regional Health Authority is deemed to have been done by or in relation to, or made by or in relation to, or given to, by or in relation to—
 (a) where the function in connection with which the thing was done, the application was made or the direction, authorisation or notice was given is, on and after 1st April 1996, a function of the Secretary of State, the Secretary of State; and
 (b) where the function in connection with which the thing was done, the application was made or the direction, authorisation or notice was given is, on and after 1st April 1996, a function of a Health Authority, that Health Authority acting for the area in relation to which the thing was done, the application was made or the direction, authorisation or notice was given.

    (2)  Paragraph (1) shall not apply to any direction given by a Regional Health Authority under the 1977 Act or the National Health Service and Community Care Act 1990^[13], but any other instrument made by a Regional Health Authority continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the Secretary of State or, as the case may be, by a Health Authority.

    (3)  Any director of an NHS trust or member of a Community Health Council appointed before 1st April 1996 by a Regional Health Authority is to continue as such on and after that date as if he had been appointed by the Secretary of State.

    (4)  Any form supplied by a Regional Health Authority or by the Secretary of State relating to a Regional Health Authority which relates to a function which is, on and after 1st April 1996, a function of a Health Authority, continues to be a valid form in relation to that Health Authority until it is cancelled or withdrawn by the Secretary of State or that Health Authority, as if any reference contained in the form to the Regional Health Authority were a reference to that Health Authority.

Signed by authority of the Secretary of State for Health

Gerald Malone

Minister of State, Department of Health

11th March 1996
Signed by authority of the Secretary of State for Wales

Rod Richards

Parliamentary Under Secretary of State, Welsh Office

11th March 1996

[1] 1977 c. 49; section 126 was amended by the National Health Service and Community Care Act 1990 (c. 19), section 65(2). See also section 6(6) of the Health Authorities Act 1995 (c. 17). back

[2] 1995 c. 17. back

[3] 1993 c. 46. back

[4] See section 90 of the National Health Service Act 1977. back

[5] S.I. 1996/624. back

[6] S.I. 1996/146. back

[7] S.I. 1992/664, as amended by S.I. 1993/2972 and S.I. 1994/634. back

[8] 1985 c. 42. Section 1 is amended by the Health Authorities Act 1995 (C.17), paragraph 109 Schedule 1. back

[9] S.I. 1996/624. back

[10] See section 20 of the National Health Service Act 1977 (c. 49) as amended by the Health Services Act 1980 (c. 53), paragraph 40 of Schedule 1, and the Health Authorities Act 1995, paragraph 11 of Schedule 1. back

[11] Paragraph 7 is amended by the Health Authorities Act 1995, paragraph 62(c) of Schedule 1, with effect from 1st April 1996. back

[12] S.I. 1985/304. back

[13] 1990 c. 19. back

Explanatory Note