Health Authorities Act 1995

• Citation: 1995 c. 17
• Sections: 158

Section 2 Related amendments.

(1) Schedule 1 shall have effect for making—

(a) amendments consequential on, or otherwise connected with, the provision made by section 1(1), and

(b) other amendments relating to Health Authorities and Special Health Authorities.

(2) The Secretary of State may by order make in any local Act such amendments as appear appropriate in consequence of, or otherwise in connection with, the provision made by section 1(1) or by subsection (1) (and Schedule 1).

(3) Subject to section 8, subsection (1) (and Schedule 1) shall not come into force until 1st April 1996.

Section 3 Preparations for reorganisation of authorities.

(1) The functions of Regional Health Authorities, District Health Authorities and Family Health Services Authorities shall include the power to do anything which appears appropriate for facilitating the implementation of any provision made by or by virtue of this Act.

(2) The Secretary of State may by regulations provide for functions exercisable by a Family Health Services Authority to be exercisable—

(a) on their behalf—

(i) by a District Health Authority or two or more District Health Authorities jointly, or

(ii) by a joint DHA/ FHSA committee, or

(b) by them jointly with one or more District Health Authorities.

(3) The Secretary of State may by regulations provide for functions exercisable by a District Health Authority to be exercisable—

(a) on their behalf—

(i) by two or more Family Health Services Authorities jointly, or

(ii) by a joint DHA/ FHSA committee, or

(b) by them jointly with one or more Family Health Services Authorities.

(4) Regulations made under this section in respect of any function shall not, except in prescribed cases, preclude an authority by whom the function is exercisable apart from the regulations from exercising the function.

(5) In this section—

“District Health Authority” and “functions” have the same meanings as in the National Health Service Act 1977,

“ joint DHA/ FHSA committee ” means a joint committee, or joint sub-committee, of—

(a) one or more District Health Authorities, and

(b) one or more Family Health Services Authorities, and

“ prescribed ” means prescribed by regulations made under this section.

(6) The powers to make regulations conferred by this section are in addition to the power conferred by section 16 of the National Health Service Act 1977 (which, in particular, permits the making of regulations providing for functions exercisable by a District Health Authority to be exercisable on their behalf by a Family Health Services Authority).

(7) Section 17 of the National Health Service Act 1977 (directions as to exercise of functions) applies in relation to functions exercisable under or by virtue of this section as if they were exercisable by virtue of section 16 of that Act; and the provisions of that Act relating to directions given in pursuance of section 17 apply accordingly.

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(9) Section 125 of the National Health Service Act 1977 (protection of members and officers of authorities) applies as if this section were contained in that Act.

(10) This section (apart from subsection (8)) shall cease to have effect on 1st April 1996.

Section 4 Transitional provisions and savings.

(1) Schedule 2 shall have effect for making, and conferring powers to make, transitional provisions and savings in connection with the provisions of this Act.

(2) Subject to section 8, subsection (1) (and Schedule 2) shall not come into force until 1st April 1996.

Section 5 Repeals and revocations.

(1) The enactments and instruments specified in Schedule 3 (which include spent provisions) are repealed or revoked to the extent specified in the third column of that Schedule.

(2) Except so far as relating to the repeal in section 18(3) of the National Health Service Act 1977, subsection (1) (and Schedule 3) shall not come into force until 1st April 1996.

Section 6 Subordinate instruments.

(1) Subject to subsection (2), any power to make an order or regulations under this Act shall be exercisable by statutory instrument.

(2) Subsection (1)—

(a) does not apply to the power conferred by paragraph 2 of Schedule 2, and

(b) does not apply to the power conferred by paragraph 4 of that Schedule unless it is exercised in relation to property which consists of or includes trust property.

(3) A statutory instrument containing an order or regulations made under this Act, other than a statutory instrument containing only an order made under section 9(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Where any provision of this Act confers power to make an order or a scheme, the provision includes power to vary or revoke any order or scheme previously made under the provision.

(5) Subsection (4) is without prejudice to the operation of section 14 of the Interpretation Act 1978 (implied power to amend regulations, orders made by statutory instrument etc. ) in relation to this Act.

(6) Subsections (4) and (5) of section 126 of the National Health Service Act 1977 (supplementary provisions about orders etc. made under that Act) apply in relation to orders, regulations and schemes made under this Act as if the provisions of this Act were contained in that Act.

Section 7 Financial provisions.

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure of the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

Section 8 Commencement of provisions conferring functions.

(1) Section 1(1), section 2(1) (and Schedule 1) and section 4(1) (and Schedule 2) shall come into force on the passing of this Act so far as is necessary for enabling the making of any regulations, orders, directions, schemes or appointments for which they provide.

(2) Subsection (1) is without prejudice to the operation of section 13 of the Interpretation Act 1978 (anticipatory exercise of powers) in relation to this Act.

Section 9 Extent.

(1) Sections 1 and 3, and paragraphs 1 to 15 of Schedule 2, extend to England and Wales only.

(2) The amendment of any enactment made by section 2(1) (and Schedule 1), and the repeal or revocation of any enactment or instrument made by section 5(1) (and Schedule 3), has the same extent as the provision amended, repealed or revoked.

(3) The Secretary of State may by order provide that this Act shall apply in relation to the Isles of Scilly subject to such modifications as are specified in the order.

Section 10 Short title.

This Act may be cited as the Health Authorities Act 1995.

Section 1

The National Health Service Act 1977 shall be amended as follows.

Section 2

In section 11 (special health authorities)—

(a) in subsection (1), for “an District Health Authority or a Family Practitioner Committee” substitute “ a Health Authority ” ,

(b) in subsection (3), for “special health authority” substitute “ Special Health Authority ” , and

(c) for the sidenote substitute “ Special Health Authorities. ”

Section 3

Section 12 (supplementary provisions about health authorities) shall be renumbered as subsection (2) of that section and—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in that subsection as so renumbered, for paragraphs (a) to (c) substitute—

(a) Health Authorities established under section 8 above; and

(b) any Special Health Authority established under section 11 above.

(c) in the sidenote, for “to” substitute “ and ” .

Section 4

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Section 5

Omit section 14 (Regional Health Authority’s directions).

Section 6

In section 15 (duty of Family Health Services Authority)—

(a) in subsection (1)—

(i) for the words from “each” to “Regional Health Authority” substitute “ each Health Authority, in accordance with regulations ” , and

(ii) for “locality” substitute “ area ” ,

(b) omit subsection (1A),

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(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) for the sidenote substitute “ Duty of Health Authority in relation to family health services. ”

Section 7

For section 16 substitute—

Exercise of functions.

(16)

(1) Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other Act, to be exercisable—

(a) on behalf of the Health Authority—

(i) by another Health Authority;

(ii) by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority;

(iii) by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities;

(iv) by a Special Health Authority; or

(v) by an officer of a Special Health Authority; or

(b) by the Health Authority jointly with one or more other Health Authorities.

(2) Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable—

(a) on behalf of the Special Health Authority—

(i) by another Special Health Authority;

(ii) by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or

(iii) by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or

(b) by the Special Health Authority jointly with one or more other Special Health Authorities.

Section 8

For section 17 substitute—

Directions as to exercise of functions.

(17)

(1) The Secretary of State may give directions with respect to the exercise—

(a) by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and

(b) by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the National Health Service and Community Care Act 1990.

(2) It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.

Section 9

In section 18 (general provisions about directions)—

(a) in subsection (1), for “13 to 17” substitute “ 11 to 17 ” ,

(b) omit subsection (2),

(c) in subsection (3)—

(i) for “13” substitute “ 11 ” , and

(ii) for “a body or” substitute “ an authority or a ” , and

(d) for the sidenote substitute “ Directions and regulations under ss.11 to 17. ”

Section 10

In section 19 (local advisory committees)—

(a) in subsection (1), omit—

(i) “, or for the region of a Regional Health Authority,”, and

(ii) “or of the region”,

(b) in subsection (2), omit paragraph (b),

(c) omit subsection (3),

(d) in subsection (4), for “subsections (1) and (3)” substitute “ subsection (1) ” , and

(e) in the sidenote and the heading immediately preceding that section, for “Local advisory committees” substitute “ Advisory committees for Wales ” .

Section 11

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Section 12

In section 22 (co-operation between health authorities and local authorities)—

(a) in subsection (1), for “health authorities, Family Practitioner Committees and local authorities” substitute “ Health Authorities and Special Health Authorities (on the one hand) and local authorities (on the other) ” ,

(b) in subsection (2), after “who shall” insert “ advise ” ,

(c) omit the Table,

(d) for subsection (3) substitute—

(3) Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA) For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.

(e) in subsection (4)(b), for the words from “an Area” to the end substitute “ a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority; ” .

Section 13

In section 23 (voluntary organisations and other bodies), in subsection (2), for “health authority” substitute “ Health Authority or Special Health Authority ” .

Section 14

In section 26 (supply of goods and services by Secretary of State)—

(a) for “health authority” (in each place) substitute “ Health Authority or Special Health Authority ” , and

(b) in subsection (4)(b), for “health authorities” substitute “ Health Authorities or Special Health Authorities ” .

Section 15

In section 27 (conditions of supply under section 26)—

(a) in subsection (1), for “health authority” (in both places) substitute “ Health Authority or Special Health Authority ” , and

(b) in subsection (3)—

(i) for “health authorities” substitute “ Health Authorities and Special Health Authorities ” , and

(ii) for “health authority’s duty” substitute “ duty of Health Authorities and Special Health Authorities ” .

Section 16

In section 28 (supply of goods and services by local authorities)—

(a) in subsection (1), for “health authority” substitute “ Health Authority and any Special Health Authority ” , and

(b) in subsection (3), for “health authorities” (in both places) substitute “ Health Authorities, Special Health Authorities ” .

Section 17

In section 28A (power to make payments towards expenditure on community services)—

(a) in subsection (1), for the words from “authorities” to “established” substitute

authorities—

(a) a Health Authority; and

(b) a Special Health Authority established

(b) in subsection (7)(a), for “districts” substitute “ areas ” .

Section 18

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Section 19

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Section 20

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Section 21

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Section 22

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Section 23

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Section 24

In section 35 (arrangements for general dental services), in subsection (1)—

(a) for “Family Practitioner Committee” substitute “ Health Authority ” , and

(b) for “locality” (in both places) substitute “ area ” .

Section 25

In section 36 (regulations as to section 35)—

(a) in subsection (1)(d), for “locality” (in both places) substitute “ area ” , and

(b) in subsection (2)—

(i) for “Family Practitioner Committee” substitute “ Health Authority ” ,

(ii) for “the Committee” substitute “ the Health Authority ” , and

(iii) for “Committee’s locality” substitute “ Health Authority’s area ” .

Section 26

In section 37 (Dental Practice Board), in subsection (1)(b), for “an Area or District Health Authority” substitute “ a Health Authority ” .

Section 27

In section 38 (arrangements for general ophthalmic services), in subsection (1)—

(a) for “Family Practitioner Committee” substitute “ Health Authority ” , and

(b) for “locality” substitute “ area ” .

Section 28

In section 39 (regulations as to section 38), in paragraph (d), for “locality” (in both places) substitute “ area ” .

Section 29

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Section 30

In section 42 (regulations as to pharmaceutical services)—

(a) in subsection (1)—

(i) for “Family Practitioner Committee” substitute “ Health Authority ” , and

(ii) for “Committee’s locality” substitute “ Health Authority’s area ” ,

(b) in subsection (2)—

(i) for “a Committee” (in both places) substitute “ a Health Authority ” ,

(ii) for “Committee’s locality” substitute “ Health Authority’s area ” , and

(iii) for “Committee is” substitute “ Health Authority are ” , and

(c) in subsection (3)—

(i) for “Committee” (in each place) substitute “ Health Authority ” ,

(ii) for “Committee’s locality.” substitute “ Health Authority’s area; ” ,

(iii) for “Family Health Services Authority in whose locality” substitute “ Health Authority in whose area ” , and

(iv) for “that Family Health Services Authority may give its” substitute “ that Health Authority may give their ” .

Section 31

In section 43 (persons authorised to provide pharmaceutical services), in subsection (1), for “a Family Practitioner Committee” substitute “ a Health Authority ” .

Section 32

In section 44 (recognition of local representative committees)—

(a) in subsection (1)—

(i) for “Family Health Services Authority is satisfied” substitute “ Health Authority are satisfied ” ,

(ii) for “its locality” substitute “ their area ” ,

(iii) for “locality”, in each other place, substitute “ area ” , and

(iv) for “the Family Health Services Authority” substitute “ the Health Authority ” , and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33

In section 45 (functions of local representative committees)—

(a) for “Family Practitioner Committee” (in each place) substitute “ Health Authority ” ,

(b) in subsection (1), for “a locality” substitute “ an area ” , and

(c) in subsection (2), for “locality” substitute “ area ” .

Section 34

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Section 35

Section 51 (university clinical teaching and research) shall be renumbered as subsection (1) of that section and—

(a) in that subsection as so renumbered, for “make available, in premises provided by him by virtue of this Act,” substitute “ exercise his functions under this Act and Part I of the National Health Service and Community Care Act 1990 so as to secure that there are made available ” , and

(b) after that subsection insert—

(2) Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

(3) For the purposes of subsection (2) above the following are relevant health service bodies—

(a) Health Authorities;

(b) Special Health Authorities; and

(c) NHS trusts.

Section 36

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Section 37

In section 56 (inadequate services)—

(a) for “the locality of a Family Practitioner Committee or part of the locality of such a Committee” substitute “ the area, or part of the area, of a Health Authority ” ,

(b) for the words from “in question” to “are not” substitute “ in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not ” , and

(c) for “the Family Practitioner Committee” substitute “ the Health Authority ” .

Section 38

In section 65 (accommodation and services for private patients)—

(a) in subsection (1)—

(i) for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ” ,

(ii) for the words from “available, such charges” to “satisfied” substitute “ available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied ” , and

(iii) for “the Authority of any function conferred on the Authority under” substitute “ the Health Authority or Special Health Authority of any function conferred on them under ” ,

(b) in subsection (1A), for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ” ,

(c) in subsection (2), for “A District or Special Health Authority” substitute “ A Health Authority or Special Health Authority ” , and

(d) in subsection (3)—

(i) for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ” , and

(ii) for “an authority” substitute “ a Health Authority or Special Health Authority ” .

Section 39

In section 83 (sums payable to persons providing services), for—

(a) the words in paragraph (a) from “a Regional” to “Committee”, and

(b) the words in paragraph (b) from “an Area” to “Committee”,

substitute “ a Health Authority or Special Health Authority ” .

Section 40

In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(c), for “District Health Authority” (in both places) substitute “ Health Authority ” .

Section 41

In section 85 (default powers), in subsection (1), for paragraphs (a) to (g) substitute—

(a) a Health Authority;

(b) a Special Health Authority;

(c) an NHS trust;

(d) the Medical Practices Committee; or

(e) the Dental Practice Board;