2002 No. 553
NATIONAL HEALTH SERVICE, ENGLAND
The Health Authorities (Establishment and Abolition) (England) Order 2002
Made 10th March 2002
Laid before Parliament 11th March 2002
Coming into force 1st April 2002

The Secretary of State for Health, in exercise of the powers conferred on him by sections 8(1) to (4) and (6) and 126(3), (4) and (5) of the National Health Service Act 1977 and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992, hereby makes the following Order:
1977 c. 49; section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1), and amended by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 5; section 126(3) and (4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2), by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 27, and by the 1999 Act, Schedule 4, paragraph 37(6); section 126(5) was added by the 1990 Act, section 65(2). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of, and the entry for the Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act and by section 69 of the Health and Social Care Act 2001 (c. 15).
1992 c. 53.

1 Citation, commencement, extent and interpretation
1 This Order may be cited as the Health Authorities (Establishment and Abolition) (England) Order 2002 and shall come into force on 1st April 2002.
2 This Order extends to England only.
3 In this Order—
“the Act” means the National Health Service Act 1977;
“Glossop” means the wards of All Saints, Gamesley, St. Andrews, St. Charles, St. James, St. Johns, Simmondley and Tintwistle within the borough of High Peak in the county of Derbyshire;
“local representative committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee recognised under section 44 of the Act;
“the material date” means 1st April 2002;
“the new Authorities” means the Health Authorities established by this Order, which are specified in Schedule 1 to this Order;
“the old Authorities” means the Health Authorities specified in column (1) of Schedule 2 to this Order;
“the 1992 Regulations” means the National Health Service (Service Committees and Tribunals) Regulations 1992;
“relevant health service body” has the same meaning as in section 92 of the Act;
“the relevant new Authority” means, in relation to any old Authority specified in column (1) of Schedule 2 to this Order, the new Authority which is specified in column (2) of that Schedule in relation to that old Authority.
Section 44(A1) and (B1) were inserted by the Health Act 1999 (c. 8), section 11 and Schedule 5; section 1 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8; the National Health Service and Community Care Act 1990 (c. 19), section 12(4), and by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 32.
S.I. 1992/664; regulations 3 and 5 were substituted by S.I. 1996/703; regulation 15 was modified by S.I. 1996/971.
Section 92 was amended by the Health Authorities Act 1995 (c. 17), section 2(1) and Schedule 1, paragraph 44, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 28.

2 Abolition of Health Authorities
The old Authorities are abolished.

3 Establishment, names and areas of the new Authorities
For each of the areas described in column (2) of Schedule 1 to this Order there is established a Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.

4 Transfer of property, rights and liabilities
1 Subject to paragraph (2) and article 8 below, all the property, rights and liabilities of the old Authorities are transferred in each case from the old Authority in question to the relevant new Authority.
2 Paragraph (1) above does not apply to any property, rights or liabilities which are to be transferred on the material date to a relevant health service body by an order under section 92 of the Act.

5 Accounts of old Authorities
Any duty imposed on any of the old Authorities by or under section 98 of the Act, but not performed by the material date, shall be performed by the relevant new Authority.
Section 98 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 5; the Health and Social Security Act 1984 (c. 48), section 6 and Schedule 8, Part I; the Health and Medicines Act 1988 (c. 49), section 12; the National Health and Community Care Act 1990 (c. 19), sections 11(7) and 20(2), Schedule 2, paragraph 24(2) and Schedule 10; the Health Authorities Act 1995 (c. 17), section 2(1) and Schedules 1 and 3; the Health Act 1999 (c. 8), Schedule 4, paragraph 33 and Schedule 5, and by S.I. 2000/90.

6 Winding up of affairs of old Authorities
It is the duty of each new Authority to take such action as may be necessary for the winding up of the affairs of any old Authority in relation to which it is the relevant new Authority.

7 Provision for continuity in the exercise of functions
1 Subject to paragraph (2) and articles 8 and 9 below, anything done by or in relation to any of the old Authorities shall be deemed to have been done by or in relation to the relevant new Authority.
2 Paragraph (1) above does not apply to any recognition granted by any of the old Authorities in relation to any local representative committee.
3 Any instrument made by any of the old Authorities continues in force in relation to the relevant new Authority until it is varied or revoked by the relevant new Authority.
4 Any form supplied by any of the old Authorities, or any form supplied by the Secretary of State in relation to any of the old Authorities continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the relevant new Authority.

8 Special provision on rights, liabilities and functions in relation to Glossop
1 Where any rights or liabilities of the old Authority known as the West Pennine Health Authority were respectively acquired or incurred in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, those rights and liabilities are transferred to the new Health Authority known as the Trent Health Authority.
2 Where anything was done by or in relation to the old Health Authority known as the West Pennine Health Authority in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, the thing shall be deemed to have been done by or in relation to the new Health Authority known as the Trent Health Authority.

9 Committees appointed or recognised by the old Authorities
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;
S.I. 1992/661.
(c) the National Health Service (General Medical Services) Regulations 1992;
S.I. 1992/635.
(d) the National Health Service (General Ophthalmic Services) Regulations 1986;
S.I. 1986/975.
(e) the National Health Service (Pharmaceutical Services) Regulations 1992;
S.I. 1992/662.
(f) the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997; or
S.I. 1997/2289.
(g) the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999,
S.I. 1999/2337.
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.

10 Investigation of complaints by the Health Service Commissioner
1 A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old Authorities, whether made before, on or after the material date may be investigated by the Commissioner notwithstanding the abolition of the old Authorities, as if the complaint has been made in relation to the relevant new Authority.
1993 c. 46; as amended by the Health Service Commissioners (Amendment) Act 1996 (c. 5).
2 The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new Authority.

11 Revocation
The orders specified in Schedule 3 to this Order are revoked.
Signed by authority of the Secretary of State for Health
Hunt Parliamentary Under Secretary of State, Department of Health 10th March 2002

SCHEDULE 1 NEW AUTHORITIES AND THEIR AREAS
Article 3
Column (1)	Column (2)
Name of new Authority	Description of local government area
Avon, Gloucestershire and Wiltshire Health Authority	The counties of Gloucestershire and Wiltshire.
	The cities of Bath and Bristol.
	The districts of North East Somerset, North Somerset, South Gloucestershire and Swindon.
Bedfordshire and Hertfordshire Health Authority	The counties of Bedfordshire and Hertfordshire.
	The district of Luton.
Birmingham and the Black Country Health Authority	The cities of Birmingham and Wolverhampton.
	The boroughs of Dudley, Sandwell, Solihull and Walsall.
Cheshire & Merseyside Health Authority	The county of Cheshire.
	The city of Liverpool.
	The boroughs of Halton, Knowsley, St Helens, Sefton and Wirral.
	The district of Warrington.
County Durham and Tees Valley Health Authority	The county of Durham.
	The districts of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees.
Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority	The counties of Herefordshire, Warwickshire and Worcestershire.
	The city of Coventry.
Cumbria and Lancashire Health Authority	The counties of Cumbria and Lancashire.
	The districts of Blackburn with Darwen and Blackpool.
Dorset and Somerset Health Authority	The counties of Dorset and Somerset.
	The districts of Bournemouth and Poole.
Essex Health Authority	The county of Essex.
	The districts of Southend on Sea and Thurrock.
Greater Manchester Health Authority	The cities of Manchester and Salford.
	The boroughs of Bolton, Bury, Oldham, Rochdale, Stockport, Tameside and Wigan.
	The district of Trafford.
Hampshire and Isle of Wight Health Authority	The counties of Hampshire and the Isle of Wight.
	The cities of Portsmouth and Southampton.
Kent and Medway Health Authority	The county of Kent.
	The district of Medway.
Leicestershire, Northamptonshire and Rutland Health Authority	The counties of Leicestershire, Northamptonshire and Rutland.
	The city of Leicester.
Norfolk, Suffolk and Cambridgeshire Health Authority	The counties of Cambridgeshire, Norfolk, and Suffolk.
	The city of Peterborough.
North and East Yorkshire and Northern Lincolnshire Health Authority	The cities of Kingston-upon-Hull and York.
	The districts of East Riding of Yorkshire, North-East Lincolnshire, North Lincolnshire, and North Yorkshire.
North Central London Health Authority	The London boroughs of Barnet, Camden, Enfield, Haringey and Islington.
North East London Health Authority	The City of London.
	The Inner Temple.
	The Middle Temple.
	The London boroughs of Barking and Dagenham, Hackney, Havering, Newham, Redbridge, Tower Hamlets and Waltham Forest.
North West London Health Authority	The London boroughs of Brent, Ealing, Hammersmith and Fulham, Harrow, Hillingdon and Hounslow.
	The city of Westminster.
	The Royal borough of Kensington and Chelsea.
Northumberland, Tyne & Wear Health Authority	The county of Northumberland.
	The cities of Newcastle-upon-Tyne and Sunderland.
	The boroughs of Gateshead, North Tyneside and South Tyneside.
Shropshire and Staffordshire Health Authority	The counties of Shropshire and Staffordshire.
	The city of Stoke-on-Trent.
	The district of Telford and the Wrekin.
South East London Health Authority	The London boroughs of Bexley, Bromley, Greenwich, Lambeth, Lewisham and Southwark.
South West London Health Authority	The London boroughs of Croydon, Kingston, Merton, Richmond, Sutton and Wandsworth.
South West Peninsula Health Authority	The counties of Cornwall and Devon.
	The Isles of Scilly.
	The city of Plymouth.
	The borough of Torbay.
South Yorkshire Health Authority	The city of Sheffield.
	The boroughs of Barnsley, Doncaster and Rotherham.
Surrey and Sussex Health Authority	The counties of East Sussex, Surrey and West Sussex.
	The city of Brighton and Hove.
Thames Valley Health Authority	The counties of Buckinghamshire and Oxfordshire.
	The city of Milton Keynes.
	The districts of Bracknell Forest, Reading, Slough, West Berkshire, Windsor and Maidenhead and Wokingham.
Trent Health Authority	The counties of Derbyshire, Lincolnshire and Nottinghamshire.
	The cities of Derby and Nottingham.
West Yorkshire Health Authority	The cities of Bradford, Leeds and Wakefield.
	The boroughs of Calderdale and Kirklees.

SCHEDULE 2 RELEVANT NEW AUTHORITIES
Article 1(3)
Column (1)	Column (2)
Name of old Authority	Name of relevant new Authority
Avon Health Authority	Avon, Gloucestershire and Wiltshire Health Authority
Barking & Havering Health Authority	North East London Health Authority
Barnet, Enfield and Haringey Health Authority	North Central London Health Authority
Barnsley Health Authority	South Yorkshire Health Authority
Bedfordshire Health Authority	Bedfordshire and Hertfordshire Health Authority
Berkshire Health Authority	Thames Valley Health Authority
Bexley, Bromley and Greenwich Health Authority	South East London Health Authority
Birmingham Health Authority	Birmingham and the Black Country Health Authority
Bradford Health Authority	West Yorkshire Health Authority
Brent & Harrow Health Authority	North West London Health Authority
Buckinghamshire Health Authority	Thames Valley Health Authority
Bury and Rochdale Health Authority	Greater Manchester Health Authority
Calderdale and Kirklees Health Authority	West Yorkshire Health Authority
Cambridgeshire Health Authority	Norfolk, Suffolk and Cambridgeshire Health Authority
Camden & Islington Health Authority	North Central London Health Authority
Cornwall and Isles of Scilly Health Authority	South West Peninsula Health Authority
County Durham and Darlington Health Authority	County Durham and Tees Valley Health Authority
Coventry Health Authority	Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority
Croydon Health Authority	South West London Health Authority
Doncaster Health Authority	South Yorkshire Health Authority
Dorset Health Authority	Dorset and Somerset Health Authority
Dudley Health Authority	Birmingham and the Black Country Health Authority
Ealing, Hammersmith & Hounslow Health Authority	North West London Health Authority
East Kent Health Authority	Kent and Medway Health Authority
East Lancashire Health Authority	Cumbria and Lancashire Health Authority
East London and The City Health Authority	North East London Health Authority
East Riding and Hull Health Authority	North and East Yorkshire and Northern Lincolnshire Health Authority
East Surrey Health Authority	Surrey and Sussex Health Authority
East Sussex, Brighton and Hove Health Authority	Surrey and Sussex Health Authority
Gateshead and South Tyneside Health Authority	Northumberland, Tyne & Wear Health Authority
Gloucestershire Health Authority	Avon, Gloucestershire and Wiltshire Health Authority
Herefordshire Health Authority	Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority
Hertfordshire Health Authority	Bedfordshire and Hertfordshire Health Authority
Hillingdon Health Authority	North West London Health Authority
Isle of Wight, Portsmouth and South East Hampshire Health Authority	Hampshire and Isle of Wight Health Authority
Kensington & Chelsea and Westminster Health Authority	North West London Health Authority
Kingston and Richmond Health Authority	South West London Health Authority
Lambeth, Southwark and Lewisham Health Authority	South East London Health Authority
Leeds Health Authority	West Yorkshire Health Authority
Leicestershire Health Authority	Leicestershire, Northamptonshire and Rutland Health Authority
Lincolnshire Health Authority	Trent Health Authority
Liverpool Health Authority	Cheshire & Merseyside Health Authority
Manchester Health Authority	Greater Manchester Health Authority
Merton, Sutton and Wandsworth Health Authority	South West London Health Authority
Morecambe Bay Health Authority	Cumbria and Lancashire Health Authority
Newcastle & North Tyneside Health Authority	Northumberland, Tyne & Wear Health Authority
Norfolk Health Authority	Norfolk, Suffolk and Cambridgeshire Health Authority
Northamptonshire Health Authority	Leicestershire, Northamptonshire and Rutland Health Authority
North Cheshire Health Authority	Cheshire & Merseyside Health Authority
North Cumbria Health Authority	Cumbria and Lancashire Health Authority
North Derbyshire Health Authority	Trent Health Authority
North and East Devon Health Authority	South West Peninsula Health Authority
North Essex Health Authority	Essex Health Authority
North Nottinghamshire Health Authority	Trent Health Authority
North Staffordshire Health Authority	Shropshire and Staffordshire Health Authority
Northumberland Health Authority	Northumberland, Tyne & Wear Health Authority
North and Mid Hampshire Health Authority	Hampshire and Isle of Wight Health Authority
North-West Lancashire Health Authority	Cumbria and Lancashire Health Authority
North Yorkshire Health Authority	North and East Yorkshire and Northern Lincolnshire Health Authority
Nottingham Health Authority	Trent Health Authority
Oxfordshire Health Authority	Thames Valley Health Authority
Redbridge and Waltham Forest Health Authority	North East London Health Authority
Rotherham Health Authority	South Yorkshire Health Authority
St Helens and Knowsley Health Authority	Cheshire & Merseyside Health Authority
Salford and Trafford Health Authority	Greater Manchester Health Authority
Sandwell Health Authority	Birmingham and the Black Country Health Authority
Sefton Health Authority	Cheshire & Merseyside Health Authority
Sheffield Health Authority	South Yorkshire Health Authority
Shropshire Health Authority	Shropshire and Staffordshire Health Authority
Solihull Health Authority	Birmingham and the Black Country Health Authority
Somerset Health Authority	Dorset and Somerset Health Authority
Southampton and South West Hampshire Health Authority	Hampshire and Isle of Wight Health Authority
South Cheshire Health Authority	Cheshire & Merseyside Health Authority
Southern Derbyshire Health Authority	Trent Health Authority
South Essex Health Authority	Essex Health Authority
South Humber Health Authority	North and East Yorkshire and Northern Lincolnshire Health Authority
South Lancashire Health Authority	Cumbria & Lancashire Health Authority
South Staffordshire Health Authority	Shropshire and Staffordshire Health Authority
South and West Devon Health Authority	South West Peninsular Health Authority
Stockport Health Authority	Greater Manchester Health Authority
Suffolk Health Authority	Norfolk, Suffolk and Cambridgeshire Health Authority
Sunderland Health Authority	Northumberland, Tyne & Wear Health Authority
Tees Health Authority	County Durham and Tees Valley Health Authority
Wakefield Health Authority	West Yorkshire Health Authority
Walsall Health Authority	Birmingham and the Black Country Health Authority
Warwickshire Health Authority	Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority
West Kent Health Authority	Kent and Medway Health Authority
West Pennine Health Authority	Greater Manchester Health Authority
West Surrey Health Authority	Surrey and Sussex Health Authority
West Sussex Health Authority	Surrey and Sussex Health Authority
Wigan and Bolton Health Authority	Greater Manchester Health Authority
Wiltshire Health Authority	Avon, Gloucestershire and Wiltshire Health Authority
Wirral Health Authority	Cheshire & Merseyside Health Authority
Wolverhampton Health Authority	Birmingham and the Black Country Health Authority
Worcestershire Health Authority	Coventry, Warwickshire, Herefordshire and Worcestershire Health Authority

SCHEDULE 3 ORDERS REVOKED
Article 11
(1) Orders	(2) References
The Health Authorities (England) Establishment Order 1996	1996/624
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) Order 1999	1999/616
The Health Authorities (England) Establishment Order 1996 Amendment and the Cambridgeshire and Norfolk Health Authorities (Establishment etc.) (Amendment) Order 1999	1999/1024
The East Riding Health Authority (Change of Name) Order 2000	2000/1240
The County Durham Health Authority (Change of Name) Order 2000	2000/1241
The Health Authorities (Establishment and Abolition) Order 2001	2001/740

(This note is not part of the Order)
This Order abolishes on 1st April 2002 the Health Authorities listed in column (1) of Schedule 2 to the Order (“the old Authorities”) and establishes in their place, and for the areas described in column (2) of Schedule 1 to the Order, the new Health Authorities listed in column (2) of Schedule 2 (“the new Authorities”) (articles 2 and 3).
The Order also provides for the transfer of property, rights and liabilities from the old Authorities to the new Authorities (article 4), for the accounts and the winding up of the affairs of the old Authorities (articles 5 and 6), for the continuity of the exercise of functions between the old Authorities and the new Authorities (article 7), for special provisions in relation to the area of the county of Derbyshire known as Glossop (article 8), for transitional provisions in the case of certain committees appointed or recognised by the old Authorities (article 9) and for the investigation of complaints against the old Authorities by the Health Service Commissioner (article 10). The Order revokes the orders specified in Schedule 3 (article 11).