The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996

Statutory Instruments

1996 No. 488

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996

Made

29th February 1996

Laid before Parliament

1st March 1996

Coming into force

1st April 1996

The Secretary of State for Health, in exercise of powers conferred on him by sections 11(1), (2) and (4), 126(4) and paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 and shall come into force on 1st April 1996.

(2) In this Order—

“Authority” unless the context otherwise requires, means a Special Health Authority established by this Order;

“direct” and “directions” refer to directions given in exercise of a power conferred by the National Health Service Act 1977;

“the Schedule” means the Schedule to this Order.

Establishment of the Authorities

2.  There are hereby established three Special Health Authorities which shall be known by the names specified in column (1) of the Schedule.

Functions of the Authorities

3.  Subject to and in accordance with such directions(2) as the Secretary of State may give to it, each Authority specified in column (1) of the Schedule shall perform on behalf of the Secretary of State such functions relating to the special hospital specified opposite its name in column (2) of that Schedule as the Secretary of State may direct it by regulations(3) to perform on his behalf.

Constitution

4.—(1) Each Authority shall consist of a chairman and eight or ten other members.

(2) The chairman shall not be an officer of the Authority.

(3) The other members shall comprise an equal number of persons who are, and persons who are not, officers of the Authority.

(4) The members who are officers of the Authority shall include—

(a) the chief executive;

(b) the director of finance;

(c) a registered medical practitioner; and

(d) a registered nurse.

(5) Where more than one person is appointed jointly to an office in an Authority in relation to which an officer member is to be appointed, those persons shall become or be appointed as an officer member jointly, and shall count as one person for the purposes of this article.

Remuneration of members

5.  Each Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.

Signed by authority of the Secretary of State for Health

John Bowis

Parliamentary Under Secretary of State,

Department of Health

29th February 1996

Articles 2 and 3

SCHEDULE SPECIAL HEALTH AUTHORITIES AND THE HOSPITALS IN RESPECT OF WHICH THEIR FUNCTIONS SHALL BE EXERCISABLE

Column (1)	Column (2)
The Ashworth Hospital Authority	Ashworth Special Hospital, Maghull, Merseyside
The Broadmoor Hospital Authority	Broadmoor Special Hospital, Crowthorne, Berkshire
The Rampton Hospital Authority	Rampton Special Hospital, Retford, Nottinghamshire

Explanatory Note

(This note is not part of the Order)

This Order provides for the establishment, constitution and remuneration of members of three Special Health Authorities to be known as the Ashworth Hospital Authority, the Broadmoor Hospital Authority and the Rampton Hospital Authority. The Authorities have been established for the purposes of managing Ashworth, Broadmoor and Rampton Special Hospitals respectively and for the purposes of providing such mental health and other services as the Secretary of State may direct them to perform on his behalf.

Article 2 establishes the Authorities and the functions they may each be directed to perform are described in article 3 and the Schedule. The constitution of each of the Authorities is provided for in article 4 and article 5 provides for the remuneration of members of the Authorities who are not also officers.

(1)

1977 c. 49; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53), Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and paragraph 2 of Schedule 1 to the Health Authorities Act 1995 (c. 17); section 126(5) was amended by section 65(2) of the 1990 Act and paragraph 9(7) was inserted into Schedule 5 by paragraph 7(2) of Schedule 1 to the 1990 Act.

(2)

See, in particular, sections 13, 17 and 18 of the National Health Service Act 1977; section 13 was amended by paragraph 33 of Schedule 1 to the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and paragraph 4 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”); section 17 is substituted by paragraph 8 of Schedule 1 to the 1995 Act; section 18 was amended by paragraphs 38 and 92 of Schedule 1 to the 1980 Act, article 7(2) of S.I. 1985/39 and Schedule 10 to the 1990 Act and paragraph 9 of Schedule 1 to the 1995 Act.

(3)

Directions are made in S.I. 1996/489.