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National Health Service Act 1977

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SCHEDULE 7E+W+S Additional Provisions as to Community Health Councils

1It is the duty of a Community Health Council (in this Schedule referred to as a “Council”)—E+W+S

(a)to represent the interests in the health service of the public in its district; and

(b)to perform such other functions as may be conferred on it by virtue of paragraph 2 below.

2Regulations may provide as to—E+W+S

(a)the membership of Councils (including the election by members of a Council of a chairman of the Council);

(b)the proceedings of Councils;

(c)the staff, premises and expenses of Councils;

[F1(d)the consultation of Councils by [F2Health Authorities [F3Primary Care Trusts][F4, Local Health Boards] and NHS trusts] with respect to such matters, and on such occasions, as may be prescribed;

(e)the furnishing of information to Councils by [F5[F6Health Authorities [F3Primary Care Trusts][F4, Local Health Boards] and NHS trusts], and the right of members of Councils to enter and inspect premises controlled by [F7Health Authorities] or NHS trusts];

(f)the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to [F8Health Authorities][F9, Primary Care Trusts and Local Health Boards] on such matters;

(g)the preparation and publication of reports by Councils on such matters, and the furnishing and publication by [F8Health Authorities][F9, Primary Care Trusts and Local Health Boards] of comments on the reports; and]

(h)the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) above and the preceding provisions of this paragraph.

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Amendments (Textual)

F2Words in Sch. 7 para. 2(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(i) (with Sch. 2 para. 6)

F3Words in Sch. 7 para. 2(d)(e) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 40(a); S.I. 1999/2342, art. 2(3), Sch. 2

F6Words in Sch. 7 para. 2(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(ii) (with Sch. 2 para. 6)

F7Words in Sch. 7 para. 2(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(ii) (with Sch. 2 para. 6)

F8Words in Sch. 7 para. 2(f)(g) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(a)(iii)(iv) (with Sch. 2 para. 6)

3It is the Secretary of State’s duty to exercise his power to make regulations in pursuance of paragraph 2(a) above so as to secure as respects each Council that—E+W+S

(a)at least one member of the Council is appointed by each local authority of which the area or part of it is included in the Council’s district, and at least half of the members of the Council consist of persons appointed by those local authorities;

(b)at least one third of the members are appointed in a prescribed manner by bodies (other than public or local authorities) of which the activities are carried on otherwise than for profit;

(c)the other members of the Council are appointed by such bodies, and in such manner and after such consultations as may be prescribed; and

(d)no member of the Council is also a member of a [F10Health Authority.].

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Amendments (Textual)

F10Words in Sch. 7 para. 3(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(b) (with Sch. 2 para. 6)

4Nothing in paragraph 3 above affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.E+W+S

5The Secretary of State may by regulations—E+W+S

(a)provide for the establishment of a body—

(i)to advise Councils with respect to the performance of their functions, and to assist Councils in the performance of their functions; and

(ii)to perform such other functions as may be prescribed; and

(b)provide for the membership, proceedings, staff, premises and expenses of that body.

6The Secretary of State may pay to members of Councils and any body established under paragraph 5 above such travelling and other allowances (including compensation for loss of remunerative time) as he may determine with the consent of [F11the Treasury].E+W+S

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Amendments (Textual)

F11Words substituted by virtue of S.I. 1981/1670, arts. 2, 3(5)

7In this Schedule—E+W+S

  • [F12local authority” means the council of a Welsh county or county borough, and]

  • district”, in relation to a Council, means [F13the district for which it is established, whether the district consists of the whole or part of the area of a Health Authority or of the whole or part of the area of one Health Authority together with the whole or part of the area of one or more others,][F14 or for such an area or district or part thereof together with the areas or parts of the areas of other Area Health Authorities or the districts or parts of districts of other District Health Authorities],

and the district of a Council must be such that no part of it is separated from the rest of it by territory not included in the district.

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Amendments (Textual)

F13Sch. 7 para. 7: words in the definition of “district” substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(c) (with Sch. 2 para. 6)

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15Sch. 7 para. 8 omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8(1), Sch. 1 Pt. I para. 62(d), Sch. 3 (with Sch. 2 para. 6)

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