The National Health Service (Determination of Districts) Order 1994

• Citation: S.I. 1994/681
• Sections: 21

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Health Service (Determination of Districts) Order 1994 and shall come into force on 1st April 1994.

(2) In this Order—

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

“the material date” means 1st April 1994;

“the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1994 , 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 Suffolk Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1993 ;

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 the old authority 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 2(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981 shall apply to the interpretation of references in article 2(4) of, and 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 20 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 4 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) Kingston and Richmond District is varied to exclude the wards (as altered by the London Borough of Wandsworth (Electoral Arrangements) Order 1977 of East Putney, Parkside, Roehampton, Thamesfield, West Hill and West Putney in the London borough of Wandsworth, and it is further varied to exclude, and Mid Surrey District is varied to include, the area of the former urban district of Esher, in the borough of Elmbridge, in the county of Surrey.

(5) South Birmingham District is varied to exclude in Nechells ward in the city of Birmingham, that part lying to the west of the avoiding railway line which runs from Saltley Viaduct to Landor Street Junction to Coventry Road.

(6) In the National Health Service (Determination of Districts) Order 1981—

(a) in regulation 3(3) for the words from “the Schedule” to “that Schedule” there are substituted the words “Schedule 3 to the National Health Service (Determination of Regions) Order 1994 , and numbered 1 to 8 in that Schedule”;

(b) for Schedule 1 there is substituted the new Schedule 1 set out in Schedule 5 to this Order.

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 or 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 and 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 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 as the case may be.

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 the Health Service Commissioners Act 1993 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 properties 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 a person who is a trustee by virtue of his office with any of the old authorities, the trustee shall from that date instead include the holder of the corresponding office with the relevant new authority.

Section 1

As respects the Great Yarmouth and Waveney Health Authority (in this Part referred to as “the old authority”), the relevant new authority shall be determined in accordance with the following paragraphs of this Part.

Section 2

For the purposes of articles 3 and 4 of this Order (transfer ofofficers and preservation of training arrangements), the relevant newauthority shall—

(a) in relation to officers of the old authority employed in any hospital managed by that authority, be the Anglia and Oxford Regional Health Authority;

(b) in relation to any other officers of the old authority, be the East Norfolk Health Authority.

Section 3

For the purposes of article 5 of this Order (enforceability of rights), the relevant new authority shall—

(a) in relation to any right which arose in connection with the old authority’s management of any hospital, be the Anglia and Oxford Regional Health Authority;

(b) in relation to any other right to which that article applies, be the East Norfolk Health Authority.

Section 4

For the purposes of article 8 of this Order (continuity in exercise of functions), the relevant new authority shall—

(a) 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 Anglia and Oxford Regional Health Authority;

(b) for all other purposes of that article, be the East Norfolk Health Authority.

Section 5

For the purposes of article 9 of this Order (availability of accommodation and services), the relevant new authority shall be the Anglia and Oxford Regional Health Authority.

Section 6

For the purposes of article 10 of this Order (investigation of complaints by the Health Service Commissioner) the relevant new authority shall—

(a) where the complaint referred to in that article is made in respect of the old authority’s management of any hospital, be the Anglia and Oxford Regional Health Authority,

(b) for all other purposes of that article, be—

(i) where the complaint is made by or on behalf of a person who is resident in the district of Waveney in the county of Suffolk, the Suffolk Health Authority;

(ii) where the complaint is made by or on behalf of a person who is not resident in that district, the East Norfolk Health Authority.

Section 7

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—

(a) where the trust referred to in any of those articles is for purposes connected with any hospital referred to in paragraph 2(a) above, be the Anglia and Oxford Regional Health Authority;

(b) in the case of any other trust, be the East Norfolk Health Authority.

Section 8

For all other purposes of this Order, the relevant new authority shall be the East Norfolk Health Authority.