National Health Service (Travelling Allowances, etc.) (No. 2) Regulations, 1961

JurisdictionUK Non-devolved
CitationSI 1961/1792
Year1961

1961 No. 1792

NATIONAL HEALTH SERVICE, ENGLAND

AND WALES

The National Health Service (Travelling Allowances, etc.) (No. 2) Regulations, 1961

19thSeptember 1961

26thSeptember 1961

1stOctober 1961

The Minister of Health in exercise of the powers conferred on him by sections 40, 41 and 54 of, and paragraph 2 of the First Schedule, paragraph 2 of Part IV of the Third Schedule, paragraph 3 of the Fifth Schedule, paragraph 3 of the Sixth Schedule and paragraph 6 of the Seventh Schedule to, the National Health Service Act, 1946(a), as amended by the National Health Service (Amendment) Act, 1949(b), and by the Public Authorities (Allowances) Act, 1961(c), and of all other powers enabling him in that behalf, hereby makes the following regulations:—

1. These regulations may be cited as the National Health Service (Travelling Allowances, etc.) (No. 2) Regulations, 1961, and shall come into operation on the first day of October, 1961.

2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them:—

"enactment" includes an enactment in a regulation,

"the Minister" means the Minister of Health,

"the Act" means the National Health Service Act, 1946.

(2) Any reference in these regulations and in the Schedule hereto to a committee of a body shall be deemed where the body is itself a committee to be a reference to a sub-committee thereof.

(3) Unless the context otherwise requires, references in these regulations to any enactment shall be construed as references to that enactment as amended or re-enacted by any subsequent enactment.

(4) References in any other regulations or order to the regulations revoked by these regulations or to any provision thereof shall be construed as references to these regulations or to the corresponding provision thereof, as the case may be.

(5) The Interpretation Act, 1889(d), applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

3. The National Health Service (Travelling Allowances, etc.) Regulations, 1956(e), the National Health Service (Travelling Allowances, etc.) Amendment No. 2 Regulations, 1957(f), the National Health Service (Travelling Allowances, etc.) Amendment Regulations, 1958(g), the National Health

(a) 9 & 10 Geo. 6. c. 81.

(b) 12, 13 & 14 Geo. 6. c. 93.

(c) 9 & 10 Eliz. 2. c. 43.

(d) 52 & 53 Vict. c. 63.

(e) S.I. 1956/265 (1956 I, p. 1593).

(f) S.I. 1957/1080 (1957 I, p. 1483).

(g) S.I. 1958/182 (1958 II, p. 1553).

Service (Travelling Allowances, etc.) Amendment Regulations, 1959(a), and the National Health Service (Travelling Allowances, etc.) Regulations, 1961(b), are hereby revoked:

Provided that—

(a) such revocation shall not affect any right, privilege, obligation or liability acquired, accrued or incurred, or anything duly done or suffered, under those regulations;

(b) such revocation shall not affect any legal proceedings commenced before the revocation, or the commencement of any proceedings to enforce any such right, privilege, obligation or liability as aforesaid, but any such proceedings may be continued or commenced as if these regulations had not been made.

4. The following bodies constituted under the Act, namely the Regional Hospital Boards, the Hospital Management Committees and the Boards of Governors of teaching hospitals may make to their members or the members of any of their committees payments in respect of

(i) any loss of earnings they would otherwise have made and any additional expenses (other than expenses on account of travelling or subsistence) to which they would not otherwise have been subject, being loss or expenses necessarily suffered or incurred by them for the purpose of enabling them to perform any approved duty; or

(ii) any travelling expenses necessarily incurred by them for the purpose of enabling them to perform any approved duty; or

(iii) any subsistence expenses necessarily incurred by them for the purpose of enabling them to perform any approved duty required to be performed at a distance of more than three miles from their usual place of residence:

Provided that any payment under paragraph (i) above shall be in accordance with Part I of the Schedule hereto, any payment in respect of travelling expenses shall be in accordance with Part II of the said Schedule, and any payment in respect of subsistence expenses shall be in accordance with Part III of the said Schedule.

5. Executive Councils may make to their members or to the members of any of their committees or to the members of the Ophthalmic Services Committee for their area payments in...

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