The National Health Service (Determination of Districts) Order 1993

• Citation: S.I. 1993/574
• Sections: 15

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Health Service (Determination of Districts) Order 1993 and shall come into force on 1st April 1993, immediately after the National Health Service (Determination of Districts) ( No. 2) Order 1992 comes fully into force.

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

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

“the material date” means 1st April 1993;

“the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1993 , being in each case an authority established by that Order;

“the old authorities” means the health authorities specified in Schedule 1 to that Order, being–

in the case of the Bloomsbury and Islington Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1990 ;

in the case of the North East Warwickshire Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1991 ; and

in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990;

“the relevant new authority” means–

as respects any old authority specified in column (1) in Part I of Schedule 1 to this Order, the new authority which is specified in column (2) of that Part in relation to that old authority; and

as respects each of the old authorities referred to in Part II of that Schedule, the new authority which is determined, in accordance with that Part, to be the relevant new authority in relation to that old authority.

(3) The provisions of sub-paragraphs (a) and (b) of article 1(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981 shall apply with respect to the interpretation of references in Schedule 4 to this Order as they apply to references in Schedule 1 to that Order.

Section 2 Variation of districts

(1) The districts specified in Schedule 2 to this Order are hereby abolished.

(2) There are determined 16 new districts, to be known by the names specified in column (1) of Schedule 3 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.

(3) There are also determined 8 new districts, to be known by the names specified in column (1) of Schedule 4 to this Order, and each comprising the district described in relation to it in column (2) of that Schedule.

(4) Norwich District is varied to include the parish of Thetford, in the district of Breckland, in the county of Norfolk.

(5) For Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 there is substituted the new Part I set out in Schedule 5 to this Order.

(6) In Part II of Schedule 1 to that Order the entries in columns (1), (2), (3) and (4) relating to Calderdale District are omitted.

Section 3 Transfer of officers employed by District Health Authorities

(1) Except as provided by paragraphs (2) and (3) 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.

(3) This article shall not apply to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990 , to be transferred on the material date to a National Health Service trust.

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

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 Regional Health Authority in whose region the district of the new authority is situated, 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 (except where it is itself the relevant new authority) to the Regional Health Authority in whose region the district of that new authority is situated.

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 1 Riverside Health Authority

As respects the Riverside Health Authority (in this paragraph referred to as “the old authority”)–

(a) for the purposes of articles 3 and 4 of this Order (transfer of officers and preservation of training arrangements), the relevant new authority shall–

(i) in relation to officers of the old authority employed in any hospital managed by that authority, be the North West Thames Regional Health Authority,

(ii) in relation to any other officers of the old authority, be the Ealing Hammersmith and Hounslow Health Authority;

(b) for the purposes of article 5 of this Order (enforceability of rights), the relevant new authority shall–

(i) in relation to any right which arose in connection with the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

(ii) in relation to any other right to which that article applies, be the Ealing Hammersmith and Hounslow Health Authority;

(c) for the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall–

(i) in relation to any thing done, any application or instrument made, any direction, notice or authorisation given, or any form supplied, as mentioned in that article in connection with the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

(ii) for all other purposes of that article, be the Ealing Hammersmith and Hounslow Health Authority;

(d) for the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall be the North West Thames Regional Health Authority;

(e) for the purposes of article 10 of this Order (investigation of complaints by the Health Service Commissioner) the Relevant new authority shall–

(i) where the complaint referred to in that article is made in respect of the old authority’s management of any hospital, be the North West Thames Regional Health Authority,

(ii) for all other purposes of that article, be the Ealing Hammersmith and Hounslow Health Authority;

(f) for the purposes of articles 11, 12 and 13 of this Order (transfer of trust property, exercise of powers and appointment of trustees), the relevant new authority shall–

(i) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in sub-paragraph (a)(i) above, be the North West Thames Regional Health Authority,

(ii) in the case of any other trust, be the Ealing Hammersmith and Hounslow Health Authority;

(g) for all other purposes of this Order, the relevant new authority shall be the Ealing Hammersmith and Hounslow Health Authority.

Section 2 West Surrey and North East Hampshire Health Authority

As respects the West Surrey and North East Hampshire Health Authority (in this paragraph referred to as “the old authority”)–

(a) for the purposes of articles 3 and 4 of this Order (transfer of officers and preservation of training arrangements), the relevant new authority shall–

(i) in relation to officers of the old authority employed in any hospital which is part of the Farnham, Fleet and Community Unit or the West Surrey and North East Hampshire Mental Health Unit, be the South West Surrey Health Authority,

(ii) in relation to any other officers of the old authority, be the North West Surrey Health Authority;

(b) for the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall–

(i) in relation to any thing done, any appointment or instrument made, any direction, notice or authorisation given, or any form supplied, as mentioned in that article in connection with the old authority’s management of any hospital referred to in sub- paragraph (a)(i) above, be the South West Surrey Health Authority,

(ii) for all other purposes of that article, be the North West Surrey Health Authority;

(c) for the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall–

(i) in the case of a hospital in respect of which that article applies which is referred to in sub-paragraph (a)(i) above, be the South West Surrey Health Authority,

(ii) in the case of any other hospital in respect of which that article applies, be the North West Surrey Health Authority;

(d) for the purposes of articles 11, 12 and 13 of this Order (transfer of trust property, exercise of powers and appointment of trustees), the relevant new authority shall–

(i) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in sub-paragraph (a)(i) above, be the South West Surrey Health Authority,

(ii) in the case of any other trust, be the North West Surrey Health Authority;

(e) for all other purposes of this Order, the relevant new authority shall be the North West Surrey Health Authority.