The Bridgend and The Vale of Glamorgan (Areas) Order 1996

Articles 9 and 12

SCHEDULE 2

PART I PETTY SESSIONS AREAS

1.  Part I of Schedule 1 to the Regulations (petty sessions areas)(1) shall have effect, in relation to the transferred area, as if—

(a) in paragraph 1 of that Part—

(i) before the definition of “community service order” there were inserted the following—

“combination order” means an order made under section 11 of the Criminal Justice Act 1991(2); and

(ii) in the definition of “supervision order” for “section 17(1)(a) or 36(3)(b) of the Children Act 1975” there were substituted the following—

“section 31(1)(b) of the Children Act 1989(3), including any order deemed to be a supervision order made under the said section 31 by virtue of paragraph 25(2) of Schedule 14 to that Act”;

(b) in paragraph 3, after “Licensing Act 1964” there were inserted “or the Licensing (Occasional Permissions) Act 1983(4)”;

(c) in paragraph 5, for “section 52 of the Magistrates’ Courts Act 1952”, there were substituted “section 59 of the Magistrates’ Courts Act 1980(5)”; and

(d) for paragraph 6, there were substituted the following—

“6.   Where on the appointed day a combination order, community service order, probation order or supervision order is in force and the offender, probationer or person under supervision is residing in the transferred area, the transferor justices may amend the order in regard to the division named as if the offender, probationer or person under supervision, as the case may be, had changed his residence.”.

PART II FAMILY HEALTH SERVICES

2.  In this Part,

“family health services” means general medical services, general dental services, general ophthalmic services and pharmaceutical services provided pursuant to arrangements made under Part II of the National Health Service Act 1977(6);

“local representative committee” means a local medical committee, local dental committee, local optical committee or local pharmaceutical committee within the meaning of section 44 of the National Health Service Act 1977;

“the Secretary of State” means the Secretary of State for Wales;

“the transferee Health Authority” means Morgannwg Health Authority(7); and

“the transferor Health Authority” means Bro Taf Health Authority(7)

3.  Subject to the following paragraphs—

• (a)

  all arrangements for the provision of family health services made by the transferor Health Authority shall, so far as they relate to the transferred area, remain of full force and effect as if made by the transferee Health Authority;

  (b)

  any decision given before 1st April 1997 by a local representative for the area of the transferor Health Authority shall, in so far as it relates to the transferred area, have effect as if it had been given by the corresponding committee for the area of the transferee Health Authority; and

  (c)

  any reference in any instrument to a local representative committee for the area of the transferor Health Authority shall, in so far as it relates to the transferred area, have effect as if it had been a reference to the corresponding committee for the area of the transferee Health Authority.

4.  Any services provided as part of family health services which have been commenced in the transferred area but not completed before 1st April 1997, and any matters arising in consequence of such services completed before that day, may be continued with the substitution for the transferor Health Authority, as regards any responsibility for the administration (including payment) of those services, of the transferee Health Authority.

5.  Any proceedings under Part II of the National Health Service (Service Committees and Tribunal) Regulations 1992(8) in relation to family health services provided before 1st April 1997 in the transferred area may be instituted and carried on, or as the case may be, continued in all respects as if this Order had not been made. Any direction for the withholding of remuneration following such proceedings may be given to such Health Authority as the Secretary of State may think fit.

6.  Any proceedings the transferor Health Authority instituted before 1st April 1997 for determining whether the replacement or repair of an appliance is necessitated—

• (a)

  in the case of an optical appliance, by lack of care on the part of the person supplied; or

  (b)

  in the case of a dental appliance, by an act or omission of the person supplied or (if it occurred when such person was under 16 years of age) of him or of the person having charge of him when it occurred,

  shall, where the practice premises given on the application for the replacement or repair of the appliance are situated in the transferred area, be continued with the substitution for the transferor Health Authority of the transferee Health Authority.

7.  Any medical practitioner who immediately before 1st April 1997 is included in the medical list of the transferor Health Authority and who at that date—

• (a)

  has a surgery in the transferred area, or

  (b)

  has on his list any patient permanently residing in such area,

  shall be entitled to be included in the medical list of the transferee Health Authority for the provision of services in those parts of the transferred area in which he was entitled to provide services immediately before that date.

8.  Any practitioner who immediately before 1st April 1997 is providing general dental services, general ophthalmic services or pharmaceutical services from premises within the transferred area shall be included in the dental, ophthalmic or pharmaceutical list, as appropriate, of the transferee Health Authority.

9.  Anything duly done by, and any application duly made, or direction, authorisation or notice duly given to—

• (a)

  the Secretary of State;

  (b)

  the transferor Health Authority;

  (c)

  the Welsh Health Common Services Authority;

  (d)

  the Dental Practice Board; or

  (e)

  any other body dealing with family health services,

  in connection with the exercise, by such body, of any function exercisable by a Health Authority, shall, in so far as it relates to the transferred area, be deemed to have been duly done by, or made or given to, the body exercising such function on 1st April 1997 in place of the body by which such thing was done or to which such application was made or such direction, authorisation or notice was given.

10.  Any instrument made by any of the bodies specified in paragraph 9, in so far as it was made in the exercise of any function referred to in that paragraph, shall continue in force until it is varied or revoked by the body exercising such function in place of the body by which such instrument was made.

11.  Any form supplied by any of the bodies specified in paragraph 9 in the exercise, by such body, of a function exercisable by a Health Authority shall continue to be a valid form in connection with the exercise of any function until it is cancelled or withdrawn by the Secretary of State or by the body exercising the function in place of the body by which the form was supplied, and as if any reference contained in such a form to a body by which the function was exercisable before 1st April 1997 was a reference to the body exercising that function on and after that date.

(1)

Part I of Schedule 1 to the Regulations was amended by S.I. 1978/247. The petty sessional districts altered by this Order are petty session areas within the meaning of section 4(1) and (1A) of the Justices of the Peace Act 1979 (c. 55); sub-section (1A) was added by paragraph 10(2) of Schedule 2 to the Local Government (Wales) Act 1994 and amended by S.I. 1996/674.

(2)

1991 c. 53.

(3)

1989 c. 41.

(4)

1983 c. 24.

(5)

1980 c. 43; section 59 of the Act of 1980 was substituted by section 2 of the Maintenance Enforcement Act 1991 (c. 2) and amended by S.I. 1992/709 and S.I. 1994/731.

(6)

1977 c. 49.

(7)

See the Health Authorities (Wales) Establishment Order 1996 (S.I. 1996/146). For the meaning of “health authority”, see section 8 of the National Health Service Act 1977 as substituted by section 1(1) of the Health Authorities Act 1995 (c. 17).

(8)

S.I. 1992/664 to which relevant amendments were made by S.I. 1993/2972; S.I. 1994/634; S.I. 1996/703 and S.I. 1996/704.