The Health Authorities (Establishment and Abolition) (England) Order 2002

Committees appointed or recognised by the old Authorities

9.—(1) Subject to paragraphs (2) to (7) below, a reference committee or a professional committee appointed by an old Authority under regulation 3(4) or 15 of the 1992 Regulations, or a discipline committee appointed by an old Authority under regulation 3(1) of those Regulations, may, notwithstanding the abolition of the old Authority by this Order, exercise any relevant functions under those Regulations, in relation to any matter which was referred to it before the material date, as if it were a committee appointed by the relevant new Authority.

(2) Paragraph (3) below applies where—

(a) before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to another old Authority (B) for investigation by a discipline committee appointed by that Authority;

(b) the hearing before the discipline committee has not taken place before the material date;

(c) by virtue of article 7 above, the acts done by (A) and (B) are deemed to have been done by a new Authority (C); and

(d) by virtue of paragraph (1) above, the discipline committee investigating the matter is also deemed to have been appointed by the new Authority (C).

(3) Where this paragraph applies, the new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (D) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (C), for the investigation to be continued by a discipline committee appointed by that new Authority (D).

(4) Where the investigation of a matter is transferred as referred to in paragraph (3) above—

(a) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (D); and

(b) anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (D).

(5) Paragraph (6) below applies where—

(a) before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to an old Authority (B) for investigation by a discipline committee appointed by that Authority;

(b) the hearing before the discipline committee has not taken place before the material date;

(c) by virtue of article 7 above, a new Authority (C) is deemed to be the Authority to which the matter has been referred for investigation;

(d) by virtue of article 7 above, a new Authority (D) is deemed to be the Authority which referred the matter for investigation; and

(e) by virtue of paragraph (1) above, the discipline committee investigating the matter is deemed to have been appointed jointly by the new Authority (C) and by the new Authority (D) (whether or not together with another new Authority or Authorities).

(6) Where this paragraph applies, new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (E) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (D), for the investigation to be continued by a discipline committee appointed by new Authority (E).

(7) Where the investigation of a matter is transferred as referred to in paragraph (6) above—

(a) anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (E); and

(b) anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (E).

(8) A local representative committee recognised by an old Authority, may, notwithstanding the abolition of the old Authority by this Order, exercise any functions given to it under—

(a) the 1992 Regulations;

(b) the National Health Service (General Dental Services) Regulations 1992(1);

(c) the National Health Service (General Medical Services) Regulations 1992(2);

(d) the National Health Service (General Ophthalmic Services) Regulations 1986(3);

(e) the National Health Service (Pharmaceutical Services) Regulations 1992(4);

(f) the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997(5); or

(g) the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999(6),

in relation to any matter which was referred to it, or initiated by it, before the material date, as if it were a committee recognised by the relevant new Authority.

(9) A joint committee of two or more Local Medical Committees recognised under section 44 of the Act, which is constituted under regulation 16 of the 1992 Regulations, may, notwithstanding the abolition by this Order of the old Authorities which recognised those Committees, exercise any functions given to it under that regulation 16, in relation to any matter which was referred to it before the material date, as if it were a joint committee so constituted of Local Medical Committees recognised by the relevant new Authority.

(1)

S.I. 1992/661.

(2)

S.I. 1992/635.

(3)

S.I. 1986/975.

(4)

S.I. 1992/662.

(5)

S.I. 1997/2289.

(6)

S.I. 1999/2337.