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Health Authorities Act 1995

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Commencement Orders

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Part IE+W Amendments of the National Health Service Act 1977

1The M1National Health Service Act 1977 shall be amended as follows.E+W

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Marginal Citations

2In section 11 (special health authorities)—E+W

(a)in subsection (1), for “an District Health Authority or a Family Practitioner Committee” substitute “ a Health Authority ”,

(b)in subsection (3), for “special health authority” substitute “ Special Health Authority ”, and

(c)for the sidenote substitute “ Special Health Authorities. ”

3Section 12 (supplementary provisions about health authorities) shall be renumbered as subsection (2) of that section and—E+W

(a)before that subsection as so renumbered insert—

(1)Every Health Authority shall make arrangements for securing that they receive from—

(a)medical practitioners, registered nurses and registered midwives; and

(b)other persons with professional expertise in and experience of health care,

advice appropriate for enabling the Health Authority effectively to exercise the functions conferred or imposed on them under or by virtue of this or any other Act.,

(b)in that subsection as so renumbered, for paragraphs (a) to (c) substitute—

(a)Health Authorities established under section 8 above; and

(b)any Special Health Authority established under section 11 above., and

(c)in the sidenote, for “to” substitute “ and ”.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

5Omit section 14 (Regional Health Authority’s directions).E+W

6In section 15 (duty of Family Health Services Authority)—E+W

(a)in subsection (1)—

(i)for the words from “each” to “Regional Health Authority” substitute “ each Health Authority, in accordance with regulations ”, and

(ii)for “locality” substitute “ area ”,

(b)omit subsection (1A),

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)for the sidenote substitute “ Duty of Health Authority in relation to family health services. ”

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Amendments (Textual)

F2Sch. 1 para. 6(c) repealed (1.4.1998) by 1997 c. 46, s. 41(12), Sch. 3 Pt. I; S.I. 1998/631, art. 2(a), Sch. 1 and expressed to be repealed (E.) (1.10.1999) and (W.) (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1041, art. 2(c)(d), Sch.

7For section 16 substitute—E+W

16 Exercise of functions.

(1)Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the M2National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other Act, to be exercisable—

(a)on behalf of the Health Authority—

(i)by another Health Authority;

(ii)by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority;

(iii)by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities;

(iv)by a Special Health Authority; or

(v)by an officer of a Special Health Authority; or

(b)by the Health Authority jointly with one or more other Health Authorities.

(2)Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable—

(a)on behalf of the Special Health Authority—

(i)by another Special Health Authority;

(ii)by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or

(iii)by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or

(b)by the Special Health Authority jointly with one or more other Special Health Authorities.

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Marginal Citations

8For section 17 substitute—E+W

17 Directions as to exercise of functions.

(1)The Secretary of State may give directions with respect to the exercise—

(a)by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and

(b)by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the M3National Health Service and Community Care Act 1990.

(2)It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.

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Marginal Citations

9In section 18 (general provisions about directions)—E+W

(a)in subsection (1), for “13 to 17” substitute “ 11 to 17 ”,

(b)omit subsection (2),

(c)in subsection (3)—

(i)for “13” substitute “ 11 ”, and

(ii)for “a body or” substitute “ an authority or a ”, and

(d)for the sidenote substitute “ Directions and regulations under ss.11 to 17. ”

10In section 19 (local advisory committees)—E+W

(a)in subsection (1), omit—

(i)“, or for the region of a Regional Health Authority,”, and

(ii)“or of the region”,

(b)in subsection (2), omit paragraph (b),

(c)omit subsection (3),

(d)in subsection (4), for “subsections (1) and (3)” substitute “ subsection (1) ”, and

(e)in the sidenote and the heading immediately preceding that section, for “Local advisory committees” substitute “ Advisory committees for Wales ”.

11In section 20 (Community Health Councils)—E+W

(a)in subsection (1), for the words from “section” to “those Authorities” substitute “ section, in the case of the area of each Health Authority, a council for the area, or separate councils for such separate parts of the area ”, and

(b)in subsection (2)—

(i)in paragraph (a), for the words from “Area Health Authorities” to “District Health Authorities” substitute “ Health Authorities ”, and

(ii)in paragraph (b), for “an Area Health Authority or of the district of a District Health Authority” substitute “ a Health Authority ”.

12In section 22 (co-operation between health authorities and local authorities)—E+W

(a)in subsection (1), for “health authorities, Family Practitioner Committees and local authorities” substitute “ Health Authorities and Special Health Authorities (on the one hand) and local authorities (on the other) ”,

(b)in subsection (2), after “who shall” insert “ advise ”,

(c)omit the Table,

(d)for subsection (3) substitute—

(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA)For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority., and

(e)in subsection (4)(b), for the words from “an Area” to the end substitute “ a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority; ”.

13In section 23 (voluntary organisations and other bodies), in subsection (2), for “health authority” substitute “ Health Authority or Special Health Authority ”.E+W

14In section 26 (supply of goods and services by Secretary of State)—E+W

(a)for “health authority” (in each place) substitute “ Health Authority or Special Health Authority ”, and

(b)in subsection (4)(b), for “health authorities” substitute “ Health Authorities or Special Health Authorities ”.

15In section 27 (conditions of supply under section 26)—E+W

(a)in subsection (1), for “health authority” (in both places) substitute “ Health Authority or Special Health Authority ”, and

(b)in subsection (3)—

(i)for “health authorities” substitute “ Health Authorities and Special Health Authorities ”, and

(ii)for “health authority’s duty” substitute “ duty of Health Authorities and Special Health Authorities ”.

16In section 28 (supply of goods and services by local authorities)—E+W

(a)in subsection (1), for “health authority” substitute “ Health Authority and any Special Health Authority ”, and

(b)in subsection (3), for “health authorities” (in both places) substitute “ Health Authorities, Special Health Authorities ”.

17In section 28A (power to make payments towards expenditure on community services)—E+W

(a)in subsection (1), for the words from “authorities” to “established” substitute authorities—

(a)a Health Authority; and

(b)a Special Health Authority established, and

(b)in subsection (7)(a), for “districts” substitute “ areas ”.

18In section 29 (arrangements and regulations for general medical services)—E+W

(a)in subsection (1)—

(i)for “Family Practitioner Committee” substitute “ Health Authority ”, and

(ii)for “locality” (in both places) substitute “ area ”,

(b)in subsection (2)—

(i)in paragraph (e), for “locality” (in both places) substitute “ area ”, and

(ii)in paragraph (f), for “in the locality of a Family Practitioner Committee” substitute “ in the area of a Health Authority ”, and

(c)in subsection (6)—

(i)for “a locality” substitute “ an area ”, and

(ii)for “the locality” substitute “ the area ”.

F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

20In section 31 (requirement of suitable experience), in subsection (1)(b)—E+W

(a)for “Family Practitioner Committee” (in both places) substitute “ Health Authority ”,

(b)for “Committee’s locality” substitute “ Health Authority’s area ”, and

(c)for “their locality” substitute “ their area ”.

21In section 32 (regulations as to section 31), in subsection (3)(a), for “localities” substitute “ areas ”.E+W

22In section 33 (distribution of general medical services)—E+W

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (1A), for “Family Health Services Authorities for localities” (in both places) substitute “ Health Authorities for areas ”,

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

23In section 34 (regulations for Medical Practices Committee)—E+W

(a)the provisions preceding subsection (2) shall be renumbered as subsection (1) of that section, and

(b)in that subsection as so renumbered—

(i)for “Family Practitioner Committees” (in both places) substitute “ Health Authorities ”, and

(ii)for “localities” (in both places) substitute “ areas ”.

24In section 35 (arrangements for general dental services), in subsection (1)—E+W

(a)for “Family Practitioner Committee” substitute “ Health Authority ”, and

(b)for “locality” (in both places) substitute “ area ”.

25In section 36 (regulations as to section 35)—E+W

(a)in subsection (1)(d), for “locality” (in both places) substitute “ area ”, and

(b)in subsection (2)—

(i)for “Family Practitioner Committee” substitute “ Health Authority ”,

(ii)for “the Committee” substitute “ the Health Authority ”, and

(iii)for “Committee’s locality” substitute “ Health Authority’s area ”.

26In section 37 (Dental Practice Board), in subsection (1)(b), for “an Area or District Health Authority” substitute “ a Health Authority ”.E+W

27In section 38 (arrangements for general ophthalmic services), in subsection (1)—E+W

(a)for “Family Practitioner Committee” substitute “ Health Authority ”, and

(b)for “locality” substitute “ area ”.

28In section 39 (regulations as to section 38), in paragraph (d), for “locality” (in both places) substitute “ area ”.E+W

[F629In section 41 (arrangements for pharmaceutical services)—E+W

(a)for “Family Practitioner Committee” substitute “ Health Authority ”,

(b)for “locality” (in both places) substitute “ area ”, and

(c)for “by a health authority or an NHS trust of dental services” substitute “ of dental services by a Health Authority, a Special Health Authority or an NHS trust ”.]

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Amendments (Textual)

F6Sch. 1 para. 29 repealed (1.7.2002 for W., otherwiseprosp.) by 2001 c. 15, s. 67, Sch. 6 Pt. I (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

30In section 42 (regulations as to pharmaceutical services)—E+W

(a)in subsection (1)—

(i)for “Family Practitioner Committee” substitute “ Health Authority ”, and

(ii)for “Committee’s locality” substitute “ Health Authority’s area ”,

(b)in subsection (2)—

(i)for “a Committee” (in both places) substitute “ a Health Authority ”,

(ii)for “Committee’s locality” substitute “ Health Authority’s area ”, and

(iii)for “Committee is” substitute “ Health Authority are ”, and

(c)in subsection (3)—

(i)for “Committee” (in each place) substitute “ Health Authority ”,

(ii)for “Committee’s locality.” substitute “ Health Authority’s area; ”,

(iii)for “Family Health Services Authority in whose locality” substitute “ Health Authority in whose area ”, and

(iv)for “that Family Health Services Authority may give its” substitute “ that Health Authority may give their ”.

31In section 43 (persons authorised to provide pharmaceutical services), in subsection (1), for “a Family Practitioner Committee” substitute “ a Health Authority ”.E+W

32In section 44 (recognition of local representative committees)—E+W

(a)in subsection (1)—

(i)for “Family Health Services Authority is satisfied” substitute “ Health Authority are satisfied ”,

(ii)for “its locality” substitute “ their area ”,

(iii)for “locality”, in each other place, substitute “ area ”, and

(iv)for “the Family Health Services Authority” substitute “ the Health Authority ”, and

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

33In section 45 (functions of local representative committees)—E+W

(a)for “Family Practitioner Committee” (in each place) substitute “ Health Authority ”,

(b)in subsection (1), for “a locality” substitute “ an area ”, and

(c)in subsection (2), for “locality” substitute “ area ”.

34In section 46 (disqualification of practitioners)—E+W

(a)in subsections (1) and (2), for “a Family Practitioner Committee” substitute “ a Health Authority ”,

(b)in subsection (2), for “other Family Practitioner Committee” substitute “ other Health Authority ”, and

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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)

35Section 51 (university clinical teaching and research) shall be renumbered as subsection (1) of that section and—E+W

(a)in that subsection as so renumbered, for “make available, in premises provided by him by virtue of this Act,” substitute “ exercise his functions under this Act and Part I of the M4National Health Service and Community Care Act 1990 so as to secure that there are made available ”, and

(b)after that subsection insert—

(2)Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

(3)For the purposes of subsection (2) above the following are relevant health service bodies—

(a)Health Authorities;

(b)Special Health Authorities; and

(c)NHS trusts.

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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.

Marginal Citations

F936. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

37In section 56 (inadequate services)—E+W

(a)for “the locality of a Family Practitioner Committee or part of the locality of such a Committee” substitute “ the area, or part of the area, of a Health Authority ”,

(b)for the words from “in question” to “are not” substitute “ in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not ”, and

(c)for “the Family Practitioner Committee” substitute “ the Health Authority ”.

38In section 65 (accommodation and services for private patients)—E+W

(a)in subsection (1)—

(i)for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”,

(ii)for the words from “available, such charges” to “satisfied” substitute “ available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied ”, and

(iii)for “the Authority of any function conferred on the Authority under” substitute “ the Health Authority or Special Health Authority of any function conferred on them under ”,

(b)in subsection (1A), for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”,

(c)in subsection (2), for “A District or Special Health Authority” substitute “ A Health Authority or Special Health Authority ”, and

(d)in subsection (3)—

(i)for “District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”, and

(ii)for “an authority” substitute “ a Health Authority or Special Health Authority ”.

39In section 83 (sums payable to persons providing services), for—E+W

(a)the words in paragraph (a) from “a Regional” to “Committee”, and

(b)the words in paragraph (b) from “an Area” to “Committee”,

substitute “ a Health Authority or Special Health Authority ”.

40In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(c), for “District Health Authority” (in both places) substitute “ Health Authority ”.E+W

41In section 85 (default powers), in subsection (1), for paragraphs (a) to (g) substitute—E+W

(a)a Health Authority;

(b)a Special Health Authority;

(c)an NHS trust;

(d)the Medical Practices Committee; or

(e)the Dental Practice Board;.

42In section 90 (gifts on trust), for “health authority” substitute “ Health Authority or Special Health Authority ”.E+W

43In section 91 (private trusts for hospitals), in subsection (3)(b), for “District Health Authority” substitute “ Health Authority ”.E+W

44In section 92 (further transfers of trust property)—E+W

(a)in subsection (1)—

(i)for “health authority”, in the first place, substitute “ Health Authority or Special Health Authority ”, and

(ii)for the words from “from any health authority” to the end substitute “ from any relevant health service body to any other relevant health service body. ”,

(b)after that subsection insert—

(1A)In this section “relevant health service body” means—

(a)a Health Authority;

(b)a Special Health Authority;

(c)an NHS trust;

(d)special trustees; or

(e)trustees for an NHS trust.,

(c)in subsection (2)—

(i)for “one or more health authorities or NHS trusts” substitute “ one or more bodies which are relevant health service bodies by virtue of subsection (1A)(a) to (c) above ”, and

(ii)for the words from “health authority” to the end substitute “ body or, in such proportions as may be specified in the order, to those bodies. ”,

(d)in subsection (3), for “health authorities or NHS trusts and special trustees” substitute “ special trustees and other bodies ”, and

(e)in subsection (4), for “authorities or NHS trusts” substitute “ bodies ”.

45In section 96 (trusts: supplementary provisions), in subsection (1A), for “health authority” substitute “ Health Authority or Special Health Authority ”.E+W

46In section 96A (power to raise money by appeals, collections etc.)—E+W

(a)in subsection (1), for—

(i)“health authority”, and

(ii)“authority”,

substitute “ Health Authority, Special Health Authority ”,

(b)in subsections (3) and (4), for “health authority, NHS trust or Board” substitute “ Health Authority, Special Health Authority or NHS trust ”,

(c)in subsection (5), for “District Health Authority” substitute “ Health Authority ”,

(d)in subsection (6), omit the words from “to another” to “for an NHS trust”,

(e)in subsections (7) to (9), for—

(i)“health authority, NHS trust or Board” (in each place), and

(ii)“authority, NHS trust or Board” (in each place),

substitute “ Health Authority, Special Health Authority or NHS trust ”, and

(f)in subsection (8), omit—

(i)“or by a Regional Health Authority”, and

(ii)“or that Authority”.

47For section 97 substitute—E+W

97 Means of meeting expenditure of Health Authorities and Special Health Authorities out of public funds.

(1)It is the duty of the Secretary of State to pay to each Health Authority sums equal to expenditure of the Health Authority which—

(a)is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act; but

(b)is not expenditure within subsection (2) below.

(2)It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act which are expenses—

(a)incurred in connection with the provision of the services (or in giving instruction in matters relating to the services); and

(b)of a description specified in the allotment.

(3)It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which—

(a)is attributable to the performance by the Health Authority of their functions in that year; but

(b)is not expenditure within subsection (1) or (2) above.

(4)It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year.

(5)An amount is allotted to a Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.

(6)The Secretary of State may give directions to a Health Authority or Special Health Authority with respect to—

(a)the application of sums paid to them under subsections (1) to (3), or subsection (4), above;

(b)the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; or

(c)the application by them of sums received by them by virtue of section 15(7)(a) of the M5National Health Service and Community Care Act 1990.

(7)Where directions have been given to a Health Authority or Special Health Authority under subsection (6) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

(8)Where an order establishing a Special Health Authority provides for any expenditure of the Special Health Authority to be met by a Health Authority or by two or more Health Authorities in portions determined by or in accordance with the order, it is the duty of the Health Authority, or each of the Health Authorities, to pay to the Special Health Authority sums equal to, or to the appropriate portion of, that expenditure.

(9)Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

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Marginal Citations

48For section 97A substitute—E+W

97A Financial duties of Health Authorities and Special Health Authorities.

(1)It is the duty of every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Health Authority which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of—

(a)the amounts allotted to them for that year under subsections (2) and (3) of that section;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(2)It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of—

(a)the amount allotted to them for that year under subsection (4) of section 97 above;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(3)The Secretary of State may give such directions to a Health Authority or Special Health Authority as appear to be requisite to secure that the Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above.

(4)Directions under subsection (3) above may be specific in character.

(5)Where directions have been given to a Health Authority or Special Health Authority under subsection (3) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

(6)To the extent to which—

(a)any expenditure is defrayed by a Health Authority or Special Health Authority as trustee or on behalf of a Health Authority or Special Health Authority by special trustees; or

(b)any sums are received by a Health Authority or Special Health Authority as trustee or under section 96A above,

that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section.

(7)For the purposes of this section sums which, in the hands of a Health Authority or Special Health Authority, cease to be trust funds and become applicable by the Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Health Authority or Special Health Authority otherwise than as trustee.

(8)Of the sums received by a Health Authority or Special Health Authority under section 96A above so much only as accrues to the Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above.

(9)Subject to subsection (6) above, the Secretary of State may by directions determine—

(a)whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a Health Authority or Special Health Authority of a description specified in the directions;

(b)whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as—

(i)expenditure within subsection (1) above of a Health Authority of a description so specified; or

(ii)expenditure within subsection (2) above of a Special Health Authority of a description so specified; or

(c)the extent to which, and the circumstances in which, sums received—

(i)by a Health Authority under subsections (1) to (3) of section 97 above; or

(ii)by a Special Health Authority under subsection (4) of that section,

but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.

49Omit section 97B (financial duties of Family Health Services Authorities in Wales).E+W

50In section 98 (accounts and audit)—E+W

(a)in subsection (1), for paragraphs (a) to (cc) substitute—

(a)every Health Authority;

(b)every Special Health Authority;

(c)every NHS trust;,

(b)in subsection (2A)—

(i)for “District Health Authority” substitute “ Health Authority ”,

(ii)for “Authority’s district” substitute “ Health Authority’s area ”, and

(iii)for “Authority is the prescribed Authority” substitute “ Health Authority is prescribed for the purposes of this subsection ”,

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)omit subsection (5).

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Amendments (Textual)

51In section 99 (regulation of financial arrangements), in subsection (1), for paragraphs (a) to (d) substitute—E+W

(a)Health Authorities,

(b)Special Health Authorities,.

52In section 103 (special arrangement as to payment of remuneration), in subsection (3), for “Family Health Services Authority which, under Part II of this Act, has” substitute “ Health Authority which, under Part II of this Act, have ”.E+W

F1153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F11Sch. 1 para. 53 repealed (1.10.2002 for E. and 10.10.2002 for W.) by 2002 c. 17, s. 37, Sch. 8 para. 22, Sch. 9 Pt. 3; S.I. 2002/2478, art. 3(2)(c)(ii) (subject to arts. 3(3), 4); S.I. 2002/2532, art. 2, Sch.

54In section 105 (payments for certain medical examinations), in subsection (2)(b), for “health authority” substitute “ Health Authority or Special Health Authority ”.E+W

55In section 124 (special notices of births and deaths)—E+W

(a)in subsection (2)—

(i)for the words from “prescribed” to “includes” substitute “ Health Authority the area of which includes ”, and

(ii)for “Authority’s area or district as are entered (on and after 1st April 1974)” substitute “ Health Authority’s area as are entered ”,

(b)in subsection (4), for the words from “prescribed” to “district” substitute “ Health Authority for the area ”,

(c)in subsection (5)—

(i)for the words from “prescribed” to “office” substitute “ Health Authority at their offices ”,

(ii)for “that officer’s office” substitute “ the Health Authority’s offices ”,

(iii)for “an Area or District Health Authority” substitute “ a Health Authority ”, and

(iv)omit “or district”,

(d)in subsection (6), for “Area or District Health Authority” substitute “ Health Authority ”, and

(e)in subsection (7), for “medical officer” substitute “ Health Authority ”.

56In section 125 (protection of members and officers of authorities), for paragraphs (a) to (d) substitute—E+W

(a)a Health Authority,

(b)a Special Health Authority, and

(c)an NHS trust,.

57In section 126 (regulations and directions: general provisions), for the second sentence of subsection (3) substitute—E+W

(3A)Directions given by the Secretary of State in pursuance of any provision of this Act or Part I of the M6National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

(3B)In relation to directions given in pursuance of sections 11 to 17 above section 18 above applies in place of subsections (3) and (3A) above.

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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.

Marginal Citations

58In section 128 (interpretation), in subsection (1)—E+W

(a)omit the definitions of “District Health Authority” and “health authority”, and

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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)

59In Schedule 5 (authorities), insert as Part I (and in substitution for the existing heading of the Schedule)— Health Authorities and Special Health Authorities E+W

Part IE+W Membership of Health Authorities

1A Health Authority shall consist of—

(a)a chairman appointed by the Secretary of State;

(b)not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and

(c)a prescribed number of officers of the Health Authority.

2Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above—

(a)must hold posts of a prescribed description; or

(b)must fulfil any other prescribed conditions.

3Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either—

(a)hold an office of the Health Authority of a prescribed description; or

(b)be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above.

4Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.

60In Part III of that Schedule (supplementary provisions about authorities)—E+W

(a)in paragraph 8, for the words from “Regional” to “Committee” substitute “ Health Authority and each Special Health Authority ”,

(b)in paragraph 9—

(i)in sub-paragraph (1), omit “or a Regional Health Authority”, and

(ii)in sub-paragraph (7), for the words from “means” to “which is specified” substitute means—

(a)a Health Authority; or

(b)any Special Health Authority which is specified,

(c)in paragraph 10—

(i)in sub-paragraph (1)(b), after “employ” insert “ a chief officer and officers of such other descriptions as may be prescribed and to employ ”, and

(ii)in sub-paragraph (3), omit paragraphs (b) and (d),

(d)in paragraph 11, omit—

(i)in sub-paragraph (2), “or, as the case may be, a Regional Health Authority’s,”, “or the Authority” (in both places), “or itself” and “or paragraph (d)”, and

(ii)in sub-paragraph (3), “or Regional Health Authority” and “or paragraph (b)” and “or the Authority” (in both places),

(e)in paragraph 12(b), omit “, and the exercise of functions by,”,

(f)in paragraph 12A, for the words from “or Schedule 1” to “those Schedules)” substitute “ may make provision (including provision modifying this Schedule) ”, and

(g)omit paragraph 15(3).

61In Schedule 6 (local advisory committees)—E+W

(a)in paragraph 1(1), omit “, or for the region of a Regional Health Authority, or the area or district of an Area or District Health Authority,”,

(b)in paragraph 2, omit “or (3)”,

(c)omit paragraph 4,

(d)in paragraph 5—

(i)for “An Authority” substitute “ The Secretary of State ”,

(ii)for “paragraphs 3 or 4” substitute “ paragraph 3 ”,

(iii)for “the Authority” substitute “ the Secretary of State ”, and

(iv)omit the second sentence, and

(e)in the heading, for “Local Advisory Committees” substitute “ Advisory Committees for Wales ”.

62In Schedule 7 (Community Health Councils)—E+W

(a)in paragraph 2—

(i)in paragraph (d), for the words from “Regional” to “Committees” substitute “ Health Authorities and NHS trusts ”,

(ii)in paragraph (e), for the words from “Regional” to “Services Authorities” substitute “ Health Authorities and NHS trusts ” and for “such health authorities” substitute “ Health Authorities ”,

(iii)in paragraph (f), for “such Authorities and Committees” substitute “ Health Authorities ”, and

(iv)in paragraph (g), for “such Authorities or Committees” substitute “ Health Authorities ”,

(b)in paragraph 3(d), for the words from “Regional” to the end substitute “ Health Authority. ”,

(c)in paragraph 7, in the definition of “district”, for the words from “the locality” to “District Health Authorities” substitute “ the 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, ”, and

(d)omit paragraph 8.

F1363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

64In Schedule 14 (transitional provisions and savings), in paragraph 13—E+W

(a)in sub-paragraph (1)(b), for the words from “paragraphs” to “152” substitute “ paragraphs 2, 7 to 9, 40, 68, 82, 109, 111, 123, 124(2) and (3), 125(2), 128, 130, 131(2), 132, 133, 151 and 152 ”, and

(b)in sub-paragraph (2)—

(i)after “this Act” insert “ or the Health Authorities Act 1995 ”, and

(ii)for “131” substitute “ 131(2) ”.

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