Part II Abolition of certain authorities and transfer of property, staff and endowments etc.

Transfer of staff

18 Transfers to employment by new authorities and social service authorities.

1

The Secretary of State may by order make provision—

a

for the transfer on the appointed day to the employment of new health authorities designated by or under the order of persons so designated who immediately before that day were—

i

employed by old health authorities so designated, or

ii

employed by local health authorities or by the Greater London Council and so employed wholly or mainly for the purposes of functions mentioned in paragraphs (a) and (b) of the definition of health functions in section 16(6) of this Act, or

iii

employed by local education authorities wholly or mainly for the purposes of functions under the enactments mentioned in section 16(3) of this Act, or

iv

employed as relevant staff or speech therapists by local education authorities wholly or mainly for the purposes of providing special educational treatment in pursuance of section 34 of the M1Education Act 1944 and ascertaining whether children require such treatment, or

v

employed by local authorities within the meaning of section 41 of this Act wholly or mainly for the purposes of functions under the enactments mentioned in subsection (1) of that section;

b

for requiring any such authority, body or Council as is mentioned in sub-paragraphs (i) to (v) of the preceding paragraph and is designated by or under the order to make, after consulting new health authorities so designated if the order requires them to be consulted, schemes for the transfer on the appointed day to the employment of new health authorities designated by or under the schemes of persons designated by or under the schemes who were employed as mentioned in the preceding paragraph;

c

for any scheme made in pursuance of the preceding paragraph to be varied or revoked, at any time before the appointed day, by a subsequent scheme so made;

d

for requiring an authority or other person by whom a scheme is made in pursuance of this subsection to submit the scheme or provisions of it to the Secretary of State for his approval, and for requiring the authority or other person to make, before the appointed day, such changes in the scheme as the Secretary of State may direct.

2

The Secretary of State may by order make provision—

a

for the transfer on the appointed day to the employment of new health authorities of persons to whom this subsection applies;

b

for requiring public health authorities designated by or under the order to make schemes for the transfer on the appointed day, to the employment of new health authorities designated by or under the schemes, of persons to whom this subsection applies;

c

as to the manner of determining whether an individual is a person to whom this subsection applies and which authority is the new health authority to whose employment such a person is to be transferred;

d

for determining, in the case of a person who apart from provision made by virtue of this paragraph falls to be transferred to the same employment or different employments by virtue of this subsection and any other provision of this Act, which of the provisions in question are not to apply in his case;

and it shall be the duty of the Secretary of State, before he makes an order in pursuance of this subsection, to consult with respect to the order such bodies as appear to him to represent public health authorities and to be concerned with the order and any other body which he considers it desirable to consult about the order.

3

The persons to whom the preceding subsection applies are—

a

relevant staff employed immediately before the appointed day—

i

by public health authorities wholly or mainly for the purposes of any functions of such authorities under sections 143, 147, 153 and 166 to 170 of the M2Public Health Act 1936, sections 40 and 41 of the M3Public Health Act 1961 and sections 49 to 52 of the M4Health Services and Public Health Act 1968 (which relate to the control of infectious disease and food poisoning) and Part IX of the M5Public Health Act 1936 (which relates to common lodging houses), or

ii

by public health authorities, in their capacities as food and drugs authorities within the meaning of the F2Food Act 1984, wholly or mainly for the purposes of any functions of food and drugs authorities under that Act; and

b

persons employed immediately before the appointed day wholly or mainly in premises provided in pursuance of section 196 of the M6Public Health Act 1936 (which relates to laboratories) and transferred to the Secretary of State by section 16 of this Act.

4

The Secretary of State may by order make provision for the transfer—

a

to the employment of bodies who are local authorities for the purposes of the M7Local Authority Social Services Act 1970 of persons of descriptions specified in the order who are for the time being employed by old health authorities or new health authorities wholly or mainly for the purposes of functions which stand referred to social services committees by virtue of section 2 of that Act;

b

to the employment of new health authorities of relevant staff and speech therapists who are for the time being employed wholly or mainly for the purposes mentioned in the preceding paragraph by bodies who are such local authorities as are there mentioned;

and an order by virtue of this subsection may include provision—

i

for transfers in pursuance of the order to be made on such days as may be determined by or under the order; and

ii

as to the manner of determining whether an individual is a person liable to be transferred by virtue of this subsection and which authority is the authority to whose employment such a person is to be transferred.

5

A person transferred by virtue of paragraph (a) of the preceding subsection to the employment of such a body as is mentioned in that paragraph shall not be required in the course of that employment to perform duties otherwise than at or in connection with a hospital unless he has consented to perform such duties.

6

The Secretary of State may by order make provision for the transfer to the employment of any new health authorities, with effect from such dates (whether before or after the making of the order) as may be specified in the order, of persons who—

a

were employed by an old health authority, or by another authority in its capacity as a local health authority, immediately before the date when the authority ceased to exist or to be a local health authority; and

b

are not on that date transferred to the employment of a new health authority by virtue of any provision of subsections (1) to (4) of this section.

7

In this section—

  • “new health authority” means any Regional or Area F3or District Health Authority and any special health authority;

  • “old health authority” means any Regional Hospital Board, Board of Governors or Executive Council and any pricing committee mentioned in section 14(1) of this Act;

  • “public health authority” means the council of a county, borough (including a London borough), urban district and rural district, the Common Council of the City of London and a port health authority constituted in pursuance of section 2 of the M8Public Health Act 1936; and

  • “relevant staff” means persons of any of the following categories, namely, medical practitioners, persons registered or enrolled within the meaning of the M9Nurses Act 1957 and persons registered by a board in respect of a profession in pursuance of the M10Professions Supplementary to Medicine Act 1960.