1E+W+SIt is the duty of a Community Health Council (in this Schedule referred to as a “Council”)—
(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—
(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 and NHS trusts] with respect to such matters, and on such occasions, as may be prescribed;
(e)the furnishing of information to Councils by [F3[F4Health Authorities and NHS trusts], and the right of members of Councils to enter and inspect premises controlled by [F5Health 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 [F6Health Authorities] on such matters;
(g)the preparation and publication of reports by Councils on such matters, and the furnishing and publication by [F6Health Authorities] 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.
Textual Amendments
F1Paras. (d)-(g) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 15
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 inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(13)(b)
F4Words 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)
F5Words 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)
F6Words 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)
3E+W+SIt 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—
(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 [F7Health Authority.].
Textual Amendments
F7Words 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)
4E+W+SNothing 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.
5E+W+SThe Secretary of State may by regulations—
(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.
6E+W+SThe 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 [F8the Treasury].
Textual Amendments
F8Words substituted by virtue of S.I. 1981/1670, arts. 2, 3(5)
7In this Schedule—
“local authority” means the council of a London borough, or of a county or district as defined in relation to England in section 270(1) of the M1Local Government Act 1972, or of a county or district mentioned in section 20(3) of that Act (which relates to Wales) or the Common Council of the City of London, and
“district”, in relation to a Council, means [F9the 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,][F10 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.
Textual Amendments
F9Sch. 7 para. 7: words in the definition of
“district”
substituted (28.6.1995 for specified purposes and otherwiseprosp.) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 62(c) (with Sch. 2 para. 6)
F10Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 82(4)
Marginal Citations
M11972 c. 70(81:1).
F118E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 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)