National Health Service (Determination of Districts) Order 1981
| Jurisdiction | UK Non-devolved |
1981 No. 1837
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service (Determination of Districts) Order 198121stDecember 1981
15thJanuary 1982
1stApril 1982
ARRANGEMENT OF ARTICLES
PART I
GENERAL
Article
1. Citation and commencement.
2. Interpretation.
PART II
DETERMINATION OF DISTRICTS
3. Determination of Districts.
PART III
TRANSFER OF STAFF
4. Transfer of officers.
5. Preservation of training arrangements.
PART IV
TRUST PROPERTY
6. Transfer of trust property of old authorities.
7. Appointment of new trustees.
8. Vesting of trust property.
9. Exercise of powers.
10. Designations.
11. Choice of trustees.
PART V
CONSEQUENTIAL PROVISIONS
12. Enforceability of rights and liabilities.
13. Winding up affairs of old authorities.
14. Accounts of old authorities.
15. Provision for continuity in exercise of functions.
16. Modifications relating to joint user arrangements under the National Assistance Act 1948.
17. Accommodation and services made available on payment of charges.
18. Family Practitioner Committees.
19. Investigation of complaints by the Health Service Commissioners.
20. Appointment to act on behalf of persons unable to act for themselves.
PART VI
MISCELLANEOUS
21. Revocation and general saving.
SCHEDULES
Schedule 1—Health Authority Districts in England.
Schedule 2—Health Authority Districts in Wales.
Schedule 3—Transfer of Staff and Trust Property.
The Secretary of State for Social Services as respects England, and the Secretary of State for Wales as respects Wales, in exercise of powers conferred on them by sections 8(1), (2) and (4), 92(1) and 126(4) of the National Health Service Act 1977(a) and section 1(8) of the Health Services Act 1980 and of all other powers enabling them in that behalf, after consulting such bodies as they have recognised as representing officers who in their opinion are likely to be transferred or affected by transfers in pursuance of the Order and such other bodies as they consider are concerned with the Order and after consulting health authorities concerned with the transfers of trust property, hereby make the following Order:—
PART I
GENERAL
Citation and commencement
1. This Order may be cited as the National Health Service (Determination of Districts) Order 1981 and shall come into operation on 1st April 1982.
(a) 1977 c. 49; section 8 was amended by the Health Services Act 1980 (c. 53), section 1(7) and Schedule 1, Part I, paragraph 28, and section 8(1) was extended by section 1(2) of the Health Services Act 1980. The National Health Service Act 1977 was extended to the Isles of Scilly by the Isles of Scilly (National Health Service) Order 1981 (S.I. 1981/1473).
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"the Act" means the National Health Service Act 1977;
"the Constitution Order" means the National Health Service (Constitution of District Health Authorities) Order 1981(a);
"the material date" means 1st April 1982;
"new authority" means a District Health Authority established by virtue of article 3(1) of the Constitution Order;
"old authority" means an Area Health Authority the name of which is set out in Parts I and II of Schedule 1 to the Constitution Order;
"Regional Authority" means a Regional Health Authority;
"region" means the region known by that name by virtue of the National Health Service (Determination of Regions) Order 1981(b).
(2) Any reference in this Order to the holder of an office is a reference to the person who from time to time is the holder of that office, and the expressions "charity", "charity trustees" and "trusts" have the same meaning as in the Charities Act 1960(c).
(3) In Schedules 1 and 2 to this Order—
(a) references to existing local government areas are references to such areas as existing on 1st August 1981 and paragraph (1)(b) of regulation 40 (statutory definitions of areas) of the Local Government Area Changes Regulations 1976(d) shall not apply in relation to such areas;
(b) references to the areas of former boroughs and former urban and rural districts are references to such areas as existing immediately before 1st April 1974;
(c) references to wards are to wards the boundaries of which are fixed by the Orders specified in those Schedules as at the date upon which each of the relevant Orders comes into operation and, if such an Order has not come into operation at the date of the coming into operation of this Order, as if that Order had come into operation on 1st April 1982.
PART II
DETERMINATION OF DISTRICTS
Determination of Districts
3.—(1) Each of the districts in England described in column (3) of Part I of Schedule 1 to this Order shall be a district for which a District Health Authority shall be established and each such district shall be known by the name set opposite thereto in column (2) of that Part of that Schedule.
(2) Each of the districts in England described in column (3) of Part II of Schedule 1 to this Order, being a district which corresponds with the area of an existing Area Health Authority the name of which area is set opposite thereto in column (4) of that Part of that Schedule, shall be a district for which the existing Area Health Authority shall be constituted a District Health Authority and each such district shall be known by the name set opposite thereto in column (2) of that Part of that Schedule.
(a) S.I. 1981/1838.
(b) S.I. 1981/1836.
(c) 1960 c. 58.
(d) S.I. 1976/246.
(3) The region within which each district in England is included is that one of the regions set out in the Schedule to the National Health Service (Determination of Regions) Order 1981, and numbered 1 to 14 in that Schedule, of which the corresponding number is set out in column (1) of Parts I and II of Schedule 1 to this Order opposite the name of the district in column (2) thereof.
(4) Each of the districts in Wales described in column (2) of Part I of Schedule 2 to this Order shall be a district for which a District Health Authority shall be established and each such district shall be known by the name set opposite thereto in column (1) of that Part of that Schedule.
(5) Each of the districts in Wales described in column (2) of Part II of Schedule 2 to this Order, being a district which corresponds with the area of an existing Area Health Authority the name of which area is set opposite thereto in column (3) of that Part of that Schedule, shall be a district for which the existing Area Health Authority shall be constituted a District Health Authority and each such district shall be known by the name set opposite thereto in column (1) of that Part of that Schedule.
PART III
TRANSFER OF STAFF
Transfer of officers
4. Any officer of an old authority specified in column (1) of Part I or Part II of Schedule 3 to this Order designated by a scheme made by that authority for the transfer on the material date of persons employed by that authority to the employment of such new authorities specified in column (2) of the appropriate Part of that Schedule opposite the name of that old authority as may be designated in such scheme shall on the material date be transferred to the new authority so designated and the contract of employment between such officer and the old authority by which he was employed shall be modified so as to substitute as the employer the new authority to which he is transferred.
Preservation of training arrangements
5. Where arrangements have been made by an old authority under which any officer transferred by or under this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and those arrangements have not been discharged before the material date, those arrangements shall continue to apply with the substitution for the old authority by which he was employed immediately before the material date of the new authority to which he is transferred by or under this Order.
PART IV
TRUST PROPERTY
Transfer of trust property of old authorities
6.—(1) The trust property vested immediately before the material date in an old authority specified in column (1) of Part I or Part II of Schedule 3 to this Order shall on the material date be transferred to and vest in the new authorities specified in column (2) of the appropriate Part of that Schedule opposite the name of that old authority in such proportions as those new authorities may agree or in default of agreement in such proportions as may be determined by the Secretary of State.
(2) Paragraph (1) of this Article shall not apply in relation to trust property vested in an old authority specified as mentioned in that paragraph which is transferred to special trustees appointed under section 95 of the Act or to a special health authority by virtue of an Order made under section 92 of the Act which comes into operation on the material date.
Appointment of new trustees
7.—(1) Where under the trusts of any charity connected with health service purposes (not being a charity incorporated under the Companies Acts 1948 to 1980 or by Royal Charter) modified by the provisions of the National Health Service (Amendment of Trust Instruments) Order 1974(a) (in this Part of this Order called "the 1974 Order") so far as those provisions apply to the trusts—
(a) the charity trustees immediately before the material date include the holder of an office connected with an old authority, those trustees shall instead include by virtue of this Order the holder of such office as may be designated—
(i) where the service with the purpose of which the charity is connected and which is provided in whole or in part by the old authority will be provided by more than one new authority after the material date, by those new authorities either jointly or severally, as they may agree;
(ii) where the hospital with the purposes of which the charity is connected is a hospital for which special trustees have been appointed under section 29 of the National Health Service Reorganisation...
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