The National Health Service (Determination of Districts) (No. 4) Order 1992

• Citation: S.I. 1992/2751
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Health Service (Determination of Districts) (No. 4) Order 1992 and shall come into force on 1st December 1992.

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

“ the Act ” means the National Health Service Act 1977;

“the material date” means 1st December 1992;

“the new authorities” means Bradford Health Authority and North Yorkshire Health Authority, being in each case an authority established by the National Health Service (District Health Authorities) (No. 4) (Order) 1992 ;

“the old authorities” means Airedale Health Authority, Bradford Health Authority, Harrogate Health Authority, Northallerton Health Authority, Scarborough Health Authority and York Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;

“the relevant new authority”—

as respects the old authorities Airedale Health Authority and Bradford Health Authority, means Bradford Health Authority;

as respects the old authorities Harrogate Health Authority, Northallerton Health Authority, Scarborough Health Authority and York Health Authority, means North Yorkshire Health Authority.

Section 2 Variation of districts

(1) Airedale District is hereby abolished and Bradford District is varied by the inclusion of the former Airedale District, except for that part of that District which comprised the district of Craven in the county of North Yorkshire;

(2) (Harrogate District, Northallerton District, Scarborough District and York District are hereby abolished, and there is determined a new district to be known as North Yorkshire District comprising the former Harrogate District, the former Northallerton District, the former Scarborough District and the former York District, and the district of Craven in the county of North Yorkshire.

(3) In Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981

(a) the entries in columns (1), (2) and (3) relating to Airedale District, Harrogate District, Northallerton District, Scarborough District and York District are omitted;

(b) in the entry in column (3) relating to Bradford District for the words from “in the city” to the end of the entry there shall be substituted the words “the city of Bradford.”;

(c) immediately before the entries relating to Pontefract District there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of the Schedule to this Order.

Section 3 Transfer of officers employed by District Health Authorities

(1) Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.

(2) Where—

(a) this article makes provision for the transfer of an officer, and

(b) the officer in question is employed jointly by any of the old authorities and another person,

that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.

Section 4 Preservation of training arrangements

Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.

Section 5 Enforceability of rights and liabilities

Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.

Section 6 Winding up of affairs of old authorities

It is the duty of each new authority to take, in accordance with such directions as may be given by the Yorkshire Regional Health Authority, 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.

Section 7 Accounts of old authorities

Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.

Section 8 Provision for continuity in exercise of functions

(1) Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made by or given to or by the relevant new authority.

(2) Any instrument made by any of the old authorities 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.

(3) Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities 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 the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.

Section 9 Accommodation and services made available on payment of charges

To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.

Section 10 Investigation of complaints by Health Service Commissioner

(1) A complaint made under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.

(2) The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and to the Yorkshire Regional Health Authority.

Section 11 Transfer of trust property of old authorities

Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.

Section 12 Exercise of powers in relation to trusts

Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the relevant new authority.

Section 13 Appointment of new trustees

Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.

Section 14 Amendment of the National Health Service (Determination of Districts) (No. 3) Order 1992

In article 1(2) of the National Health Service (Determination of Districts) (No. 3) Order 1992 in the definition of “the new authority”, for the reference to “the National Health Service (District Health Authorities) Order 1992” there shall be substituted a reference to “the National Health Service (District Health Authorities) (No. 3) Order 1992 ”.